Or. Admin. Code § 836-080-0039 - Duties of Insurers with Respect to Direct Response Solicitations
(1) In the case of
an application that is initiated as a result of a direct response solicitation,
the insurer shall require, with or as part of each completed application for a
policy or contract, a statement asking whether the applicant, by applying for
the proposed policy or contract, intends to replace, discontinue or change an
existing policy or contract. If the applicant indicates a replacement or change
is not intended or if the applicant fails to respond to the statement, the
insurer shall send the applicant, with the policy or contract, a notice
regarding replacement in Appendix B to this rule, or other
substantially similar form approved by the Director.
(2) If the insurer has proposed the
replacement or if the applicant indicates a replacement is intended and the
insurer continues with the replacement, the insurer shall:
(a) Provide to the applicant or prospective
applicant with the policy or contract a notice, as described in Appendix
C to this rule, or other substantially similar form approved by the
Director. In these instances the insurer may delete the references to the
insurance producer, including the insurance producer's signature, and
references not applicable to the product being sold or replaced, without having
to obtain approval of the form from the Director. The insurer's obligation to
obtain the applicant's signature shall be satisfied if it can demonstrate that
it has made a diligent effort to secure a signed copy of the notice referred to
in this subsection. The requirement to make a diligent effort shall be deemed
satisfied if the insurer includes in the mailing a self-addressed postage
prepaid envelope with instructions for the return of the signed notice referred
to in this section; and
(b) Comply
with the requirements of OAR
836-080-0029(1)(b),
if the applicant furnishes the names of the existing insurers, and the
requirements of OAR 836-080-0029(1)(c) and (d), and
(2).
Notes
Appendices referenced are available from the agency.
Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 746.085 & 746.240
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