Utah Admin. Code R590-226-5 - Filing Submission Requirements

(1) General Filing Requirements.

(a) A filing shall be submitted:

(i) electronically through SERFF, except that a life settlement filing may be submitted using email; and

(ii) using the NAIC Product Coding Matrix, including the:

(A) TOI; and

(B) sub-TOI.

(b) A filing may not include more than one:

(i) TOI; or

(ii) insurer.

(c) A cover letter may not be submitted with a filing.

(2) SERFF Filing.

(a) Filing Description. The filing description on the general information tab shall contain the following information, in the sequence listed.

(i) Provide a summary, including:

(A) the intent of the filing; and

(B) the purpose of each document within the filing.

(ii) Indicate if the filing:

(A) is a first-time filing;

(B) is a new form revising an existing form;

(C) is a new form that is substantially similar to an existing form;

(D) is a resubmission that includes a summary of the changes made and the previous filing's Utah filed date or SERFF tracking number;

(E) includes informational documents, referencing the Utah filed date or SERFF tracking number; or

(F) does not include the policy, and if so, provide the Utah filed date or SERFF tracking number of the policy and each amendment, summarizing the effect on the policy.

(iii) Identify any provision that is unusual, innovative, controversial, or that was previously objected to or prohibited, and explain why the provision is included in the filing.

(iv) List the range of minimum and maximum ages for which the policy will be issued.

(v) Indicate if the policy or associated forms have been submitted to the Interstate Insurance Product Regulation Commission.

(vi) Identify the intended market for filing, such as senior citizens, nonprofit organizations, association members, corporate-owned, or bank-owned.

(vii) Indicate if the form is illustrated.

(b) Filing Certification.

(i) The insurer shall certify that a filing and all related documents are compliant.

(ii) The following statement shall be included in the filing description: "BY SUBMITTING THIS FILING I CERTIFY THAT THE ATTACHED FILING HAS BEEN COMPLETED IN ACCORDANCE WITH UTAH ADMINISTRATIVE RULE R590-226 AND IS COMPLIANT WITH APPLICABLE UTAH LAW."

(iii) The Utah Life and Annuity Filing Certification shall be attached to the supporting documentation tab.

(iv) A filing may be rejected if the filing certification is false, missing, or incomplete.

(v) A false filing certification may subject the insurer to administrative action.

(c) Domiciliary Approval and Filing Status Information. A filing for a foreign insurer shall include on the supporting documentation tab:

(i) filing status information, including:

(A) a list of states where a similar filing is submitted;

(B) the date of submission; and

(C) the disposition status or exemption; or

(ii) if the filing is specific to Utah and only filed in Utah, include:

(A) the phrase "UTAH SPECIFIC - NOT SUBMITTED TO ANY OTHER STATE"; and

(B) the reason the filing is only filed in Utah.

(d) Group Questionnaire or Discretionary Group Authorization Letter. A group filing shall attach to the supporting documentation tab:

(i) a complete Utah Life and Annuity Group Questionnaire; or

(ii) a copy of the discretionary group authorization letter.

(e) Letter of Authorization.

(i) A filing submitted by a third party shall have a letter of authorization from the insurer attached to the supporting documentation tab.

(ii) The insurer is responsible for the filing being compliant.

(f) Variable Data.

(i)

(A) Variable data is denoted by brackets, and is defined either by embedding the variable data in the form or in a separate form with a unique form number and an edition date.

(B) Variable data submitted as a separate form shall be in a manner that follows the construction of the form, by page and paragraph, or page and footnote.

(ii) A certification statement of variability shall be attached to the supporting documentation tab and shall certify that:

(A) the final form will not contain brackets;

(B) the use of variable data is administered in a uniform and non-discriminatory manner that will not result in unfair discrimination;

(C) the variable data is used on the referenced forms; and

(D) any changes to variable data shall be filed before implementation.

(iii) Any variation of the variable data shall be disclosed, for example "Deductible is $(xxx.xx) in $(xxx.xx) increments."

(iv) Variable data shall be reasonable, appropriate, and compliant.

(v) The use of unfiled variable data is prohibited.

(g) Life Insurance Illustration Materials. If a life insurance form is identified as illustrated, the filing shall include:

(i) a basic illustration completed with data; and

(ii) an illustration actuary's certification.

(h) Items Submitted for Filing.

(i) A form shall be attached to the form schedule tab.

(ii) All supporting documentation, including actuarial memoranda, shall be attached to the supporting documentation schedule tab.

(iii) An actuarial memorandum required under Section R590-226-7, R590-226-8, or R590-226-9 shall include a certification of compliance with nonforfeiture and valuation laws by a qualified actuary.

(iv) A report is exempt from a filing submission requirement under:

(A) Subsections (2)(a)(ii) through (2)(a)(vi);

(B) Subsection (2)(c);

(C) Subsection (2)(d); and

(D) Subsection (2)(f).

(v) Underlining and Strikethrough. A resubmission or a new form revising an existing form shall include an underline and strikethrough version of the form and the final form on the form schedule tab.

(3) An insurer submitting a life settlement filing is exempt from:

(a) Subsections (2)(a)(iv) through (2)(a)(vii);

(b) Subsections (2)(b) through (2)(e); and

(c) Subsection (2)(g).

Notes

Utah Admin. Code R590-226-5

Adopted by Utah State Bulletin Number 2023-09, effective 4/21/2023