Compilation of Rules and Regulations of the State of Georgia
Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER
Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE
Subject 120-2-24 - REPLACEMENT OF LIFE INSURANCE POLICIES
Rule 120-2-24-.08 - Duties of Replacing Insurers That Are Direct Response Insurers
Current through Rules and Regulations filed through September 23, 2024
Each replacing insurer that is a direct response insurer shall:
(1) Provide to applicants or prospective applicants with or as a part of the application a Replacement Notice as described in Exhibit A or other substantially similar form approved by the Commissioner.
Such Replacement Notice shall not be required to contain paragraph three, the signature blanks and related information, nor the "Items to Consider" on the reverse side of the Replacement Notice, where the original solicitation contains the application for insurance and it appears in a newspaper, magazine, or similar type of publication.
(2) Request from the applicant with or as a part of the application, a list of all existing life insurance to be replaced. Such existing life insurance shall be identified by name of insurer, insured and policy number.
(3) If the applicant furnishes the name of existing insurers, send to the existing insurer a copy of the Replacement Notice and written communication advising of the replacement or proposed replacement, including the name of the replacing insurer, the insured, and the identification information with respect to the existing life insurance to be replaced obtained pursuant to subsection (2) above. The Replacement Notice and written communication shall be mailed within three (3) working days of the date the application is received in the replacing insurer's home or regional office, or the date the proposed policy is issued, whichever is sooner.
Exhibit A.
Replacement Notice
EXHIBIT A
REPLACEMENT NOTICE
(Name, Address and Telephone Number of Company)
REPLACING YOUR LIFE INSURANCE POLICY?
Are you thinking about buying a new policy and discontinuing or changing an existing policy? If you are, your decision could be a good one - or a mistake. You will not know for sure unless you make a careful comparison of your existing policy and the proposed policy.
Make sure you understand the facts. Georgia law gives you the right to obtain a policy summary statement from your existing insurer at any time. Ask the company or agent that sold you your existing policy to give you information about it.
The reverse side contains a check list of some of the items you should consider in making your decision. TAKE TIME TO READ IT.
Do not let one agent or insurer prevent you from obtaining information from another agent or insurer which may be to your advantage.
Hear both sides before you decide. This way you can be sure you are making a decision that is in your best interest.
[] If you wish a policy summary statement from your existing insurer, or insurers, check this box.
We are required to notify your existing company that you may be replacing their policy.
ORIGINAL TO APPLICANT - COPY TO REPLACING INSURER - COPY TO REPLACED INSURER
[The bracketed information below is provided for the insurer and is not a part of the Replacement Notice.]
[Note to insurers: information concerning existing coverage(s) can be required on this form, on the application, or on a separate form at the company's discretion.]
[Direct response insurers may delete paragraph three, and the signature blanks and related information, and the reverse side of this Exhibit where the original solicitation contains the application for insurance and it appears in a newspaper, magazine or similar type publication, and still be in compliance with this Regulation.]
ITEMS TO CONSIDER
1. If the policy coverages are basically similar, premiums for a new policy may be higher because rates increase as your age increases.
2. Cash values and dividends, if any, may grow slower under a new policy initially because of the initial costs of issuing a policy.
3. Your present insurance company may be able to make a change on terms which may be more favorable than if you replace existing insurance with new insurance.
4. If you borrow against an existing policy to pay premiums on a new policy, death benefits payable under your existing policy will be reduced by the amount of any unpaid loan, including unpaid interest.
5. Current interest rates are not guaranteed. Guaranteed interest rates are usually considerably lower than current rates. What rates are guaranteed?
6. Are premiums guaranteed or subject to change - up or down?
7. Participating policies pay dividends that may materially reduce the cost of insurance over the life of the contract. Dividends, however, are not guaranteed.
8. CAUTION, you are urged not to take action to terminate, assign, or alter your existing life insurance coverage until after you have been issued the new policy, examined it and have found it to be acceptable to you.
and
REMEMBER, you have ten (10) days following receipt of any individual life insurance policy to examine its contents. If you are not satisfied with it for any reason, you have the right to return it to the insurer at its home or branch office or to the agent through whom it was purchased, for a full refund of premium.
Ga. L. 1960, pp. 289, 305, 1972, pp. 1261, 1264.
