(a) The following acts or practices when
committed on a military installation by an insurer or insurance producer with
respect to the in-person, face-to-face solicitation of life insurance are
declared to be false, misleading, deceptive or unfair:
(1) Knowingly soliciting the purchase of any
life insurance product "door to door" or without first establishing a specific
appointment for each meeting with the prospective purchaser.
(2) Soliciting service members in a group or
"mass" audience or in a "captive" audience where attendance is not
voluntary.
(3) Knowingly making
appointments with or soliciting service members during their normally scheduled
duty hours.
(4) Making appointments
with or soliciting service members in barracks, day rooms, unit areas, or
transient personnel housing or other areas where the installation commander has
prohibited solicitation.
(5)
Soliciting the sale of life insurance without first obtaining permission from
the installation commander or the commander's designee.
(6) Posting unauthorized bulletins, notices
or advertisements.
(7) Failing to
present DD Form 2885, Personal Commercial Solicitation Evaluation, to service
members solicited or encouraging service members solicited not to complete or
submit a DD Form 2885.
(8)
Knowingly accepting an application for life insurance or issuing a policy of
life insurance on the life of an enlisted member of the United States Armed
Forces without first obtaining for the insurer's files a completed copy of any
required form which confirms that the applicant has received counseling or
fulfilled any other similar requirement for the sale of life insurance
established by regulations, directives or rules of the DoD or any branch of the
Armed Forces.
(b) The
following acts or practices when committed on a military installation by an
insurer or insurance producer constitute corrupt practices, improper influences
or inducements and are declared to be false, misleading, deceptive or unfair:
(1) Using DoD personnel, directly or
indirectly, as a representative or agent in any official or business capacity
with or without compensation with respect to the solicitation or sale of life
insurance to service members.
(2)
Using an insurance producer to participate in any United States Armed Forces
sponsored education or orientation program.
Notes
Cal. Code Regs. Tit. 10, §
2695.25
1. New
section filed 2-22-2008; operative 2-22-2008 pursuant to Government Code
section
11343.4
(Register 2008, No. 8).
Note: Authority cited: Sections
720,
790.10,
10168.92,
10206.5,
10506 and
10506.3,
Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th
Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections
32,
101,
330,
331,
332,
333,
334,
350,
351,
358,
359,
360,
700,
730,
733,
780,
781,
783,
783.5,
790.03,
791.02,
791.03,
1626,
10159.1,
10165,
10168,
10206.5,
10506,
10506.3,
10509.8,
10509.9 and
10540,
Insurance Code; Section
823.5,
Military and Veterans Code.
1. New section filed
2-22-2008; operative 2-22-2008 pursuant to Government Code section
11343.4
(Register 2008, No. 8).
