211 CMR 34.08 - Penalties

Current through Register 1466, April 1, 2022

(1) A violation of 211 CMR 34.01 through 34.08 inclusive, shall occur If an agent, broker or insurer recommends the replacement or conservation of an existing policy by use of a substantially inaccurate or incomplete presentation or comparison of an existing contract's premiums and benefits or dividends and values, if any. Any comparison of a participating policy that does not include projected dividends based upon the most recent dividend scale applicable to the participating policy shall be presumed to be an incomplete comparison in violation of 211 CMR 34.08. The above presumption shall not apply to any agent or company that has made written request for such dividend information from the company that issued the participating policy if such information is not received within seven working days of such request.
(2) A pattern of action by a policy owner who purchases replacing policies from the same agent or broker, after indicating on applications that replacement is not involved, shall be deemed prima facie evidence of the agent's or broker's knowledge that replacement was intended in connection with sale of those policies, and such patterns of action shall be deemed prima facie evidence of the agent's or broker's intent to violate the provisions of 211 CMR 34.01 through 34.08, inclusive.
(3) A replacement of life insurance or annuity which is not transacted pursuant to the requirements of 211 CMR 34.01 through 34.08 inclusive, is hereby defined as an unfair method of competition and unfair or deceptive acts or practices in the business of insurance.

Notes

211 CMR 34.08

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