044-12 Wyo. Code R. §§ 12-3 - Definitions
(a) "Replacement" means any transaction in
which new life insurance or a new annuity is to be purchased, and it is known
or should be known to the proposing producer or to the proposing insurer if
there is no producer, that by reason of such transaction, existing life
insurance or annuity has been or is to be:
(i) Lapsed, forfeited, surrendered, or
otherwise terminated;
(ii)
Converted to reduced paid-up insurance, continued as extended term insurance,
or otherwise reduced in value by the use of nonforfeiture benefits or other
policy values;
(iii) Amended so as
to effect either a reduction in benefits or in the term for which coverage
would otherwise remain in force or for which benefits would be paid;
(iv) Reissued with any reduction in cash
value; or
(v) Pledged as collateral
or subjected to borrowing, whether in a single
loan or under a schedule of borrowing over a period of time for amounts in the aggregate exceeding twenty-five percent (25%) of the loan value set forth in the policy.
(b) "Conservation" means any attempt by the
existing insurer or its producer to dissuade a policy owner from the
replacement of existing life insurance or annuity. Conservation does not
include routine administrative procedures such as late payment reminders, late
payment offers or reinstatement offers.
(c) "Direct-Response Sales" means any sale of
life insurance or annuity where the insurer does not utilize a producer in the
sale or delivery of the policy.
(d)
"Existing Insurer" means the insurance company whose policy is or will be
changed or terminated in such a manner as described within the definition of
"replacement."
(e) "Existing Life
Insurance or Annuity" means any life insurance or annuity in force, including
life insurance under a binding or conditional receipt or a life insurance
policy or annuity that is within an unconditional refund period.
(f) "Replacing Insurer" means the insurance
company that issues or proposes to issue a new policy or contract which is a
replacement of existing life insurance or annuity.
(g) "Registered Contract" means variable
annuities, investment annuities, variable life insurance under which the death
benefits and cash values vary in accordance with unit values of investments
held in a separate account, or any other contracts issued by life insurance
companies which are registered with the Federal Securities and Exchange
Commission.
(h) "Sales Charge" is
defined as any initial charge or fee assessed to the consumer for the purchase
of an insurance product. This includes but is not limited to the following
terms: front-end loads, separate commission charges, initial premium
charge/load, and purchase fees. It does not include contingent deferred sales
charges (CDSC) as this charge would be considered a surrender charge, monthly
administrative fees, annual contract charges, mortality and expense charges
(M&E), premium taxes, or fees on investments in the separate
account.
(i) "Surrender Charge" is
defined as a charge or fee assessed to the consumer for the surrender, sale,
cancellation, termination, transfer, or exchange of an insurance product prior
to the maturity or completion of the surrender period stated in the
policy.
(j) "Surrender Period" is
defined as the amount of time a policyholder must wait in order to receive a
withdrawal from an insurance product without a "surrender charge."
Notes
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