Disclosure by insurance company to policy owner
- • rules
(1) With respect to each policy issued by an insurance company, the insurance company shall provide notice to the owner of an individual life insurance policy when the insured person under such a policy is 60 years of age or older and:
(a) The life insurance company receives notice from such an owner of a request to surrender, in whole or in part, an individual policy;
(b) The life insurance company receives notice from such an owner of a request to receive an accelerated death benefit under an individual policy; or
(c) The life insurance company sends to such an owner all notices of lapse of an individual policy, other than a term policy.
(2)(a) The notice must consist of the following statement in large, bold or otherwise conspicuous typeface calculated to draw the eye: “Life insurance is a critical part of a broader financial plan. There are many options available, and you have the right to shop around and seek advice from different financial advisers in order to find the option best suited to your needs.”
(b) The communication of the notice must also contain a statement advising the recipient that the recipient may contact the Division of Financial Regulation of the Department of Consumer and Business Services for more information, and must include an address or other location or manner by which the recipient may contact the Division of Financial Regulation.
(c) The department shall adopt by rule the appropriate address or other location or manner of contact to be included in the required notice.
(3)(a) The Director of the Department of Consumer and Business Services shall make available to the public information designed to educate the consumer about the consumer’s rights as an owner of a life insurance policy. The information must be written in lay terms and must advise the consumer:
(A) That life insurance is a critical part of a broader financial plan, and that the consumer is encouraged, and has a right, to seek additional financial advice and opinions;
(B) That possible alternatives to lapse exist; and
(C) Of the definitions of common industry terms.
(b) The information described in paragraph (a) of this subsection may include brief descriptions of common products available from licensees. These products must be discussed in general terms for informative purposes only, and not be identifiable to any specific licensee. [2009 c.711 §22; 2017 c.17 §59]
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