Utah Admin. Code R590-93-7 - Duties of an Insurer Regarding a Direct-Response Solicitation
(1)
(a)
When an application is initiated from a direct-response solicitation, the
insurer shall require with each completed application for a policy or contract,
a statement asking whether the applicant intends to replace, discontinue, or
change an existing policy or contract.
(b) 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,
the replacement notice in Appendix B, or other substantially similar form
approved by the commissioner.
(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 an applicant or prospective
applicant a replacement notice in Appendix C, or other substantially similar
document filed with the commissioner; and
(b) comply with the requirements of
Subsection
R590-93-5(1)(b),
if the applicant furnishes the names of the existing insurers, and the
requirements of Subsections
R590-93-5(1)(c),
R590-93-5(1)(d),
and
R590-93-5(2).
(3)
(a) In an instance described in Subsection
(2), an insurer may delete any reference to the producer, including the
producer's signature, and any reference not applicable to the product being
sold or replaced, without having to file the document with the
commissioner.
(b) The insurer's
obligation to obtain the applicant's signature is satisfied if it can
demonstrate that it has made a diligent effort to secure a signed copy of the
replacement notice.
Notes
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