Code of Maryland Regulations
Title 31 - MARYLAND INSURANCE ADMINISTRATION
Subtitle 09 - LIFE INSURANCE AND ANNUITIES
Chapter 31.09.05 - Replacement of Life Insurance and Annuities
Section 31.09.05.12 - Replacement Form C
Current through Register Vol. 51, No. 6, March 22, 2024
You are contemplating the purchase of a life insurance policy or annuity contract. In some cases this purchase may involve discontinuing or changing an existing life insurance policy or annuity contract. If so, a replacement is occurring. Financed purchases are also considered replacements.
A replacement occurs if a new life insurance policy or annuity contract is purchased and, in connection with the sale, you discontinue making premium payments on the existing life insurance policy or annuity contract, or an existing life insurance policy or annuity contract is surrendered, forfeited, assigned to the replacing insurer, or otherwise terminated or used in a financed purchase.
A financed purchase occurs if the purchase of a new life insurance policy involves the use of funds obtained by the withdrawal or surrender of or by borrowing some or all of the life insurance policy values, including accumulated dividends, of an existing life insurance policy, to pay all or part of a premium or payment due on the new life insurance policy. A financed purchase is a replacement.
You should carefully consider whether a replacement is in your best interest. You will pay acquisition costs and there may be surrender costs deducted from your life insurance policy or annuity contract. You may be able to make changes to your existing life insurance policy or annuity contract to meet your insurance needs at less cost. A financed purchase will reduce the value of your existing life insurance policy and may reduce the amount paid upon the death of the insured.
We want you to understand the effects of replacements and ask that you answer the following questions and consider the questions on the back of this form.
1. Are you considering discontinuing making premium payments, surrendering, forfeiting, assigning to the insurer, or otherwise terminating your existing life insurance policy or annuity contract
_____YES _____NO
2. Are you considering using funds from your existing policies or annuity contracts to pay premiums due on the new life insurance policy or annuity contract
_____YES _____NO
Please list each existing life insurance policy or annuity contract you are contemplating replacing (include the name of the insurer, the insured, and the life insurance policy or annuity contract number if available) and whether each life insurance policy or annuity contract will be replaced or used as a source of financing:
| INSURERNAME | ANNUITY CONTRACT ORLIFE INSURANCE POLICY # | INSUREDANNUITANT | REPLACED (R) ORFINANCING (F) |
| 1. ______________________________________________________________________ | |||
| 2. ______________________________________________________________________ | |||
| 3._______________________________________________________________________ | |||
Make sure you know the facts. Contact your existing company or its insurance producer for information about the old life insurance policy or annuity contract. If you request one, an in-force illustration, life insurance policy summary, or available disclosure document must be sent to you by the existing insurer. Ask for and keep all sales material used by the insurance producer in the sales presentation. Be sure that you make an informed decision.
I certify that the responses herein are, to the best of my knowledge, accurate.
________________________________ Applicant's Printed Name
________________________________ Applicant's Signature
_________________Date
A replacement may not be in your best interest, or your decision could be a good one. You should make a careful comparison of the costs and benefits of your existing life insurance policy or annuity contract and the proposed life insurance policy or annuity contract. One way to do this is to ask the company or insurance producer that sold you your existing life insurance policy or annuity contract to provide you with information concerning your existing life insurance policy or annuity contract. This may include an illustration of how your existing life insurance policy or annuity contract is working now and how it would perform in the future based on certain assumptions. Illustrations should not, however, be used as a sole basis to compare policies or annuity contracts. You should discuss the following with your agent to determine whether replacement or financing your purchase makes sense:
PREMIUMS: Are they affordable
Could they change
You are older-are premiums higher for the proposed new life insurance policy
How long will you have to pay premiums on the new life insurance policy On the old life insurance policy
LIFE INSURANCE POLICY VALUES: New policies usually take longer to build cash values and to pay dividends.
Acquisition costs for the old life insurance policy may have been paid, and you will incur costs for the new one.
What surrender charges do the policies have
What expense and sales charges will you pay on the new life insurance policy
Does the new life insurance policy provide more insurance coverage
INSURABILITY: If your health has changed since you bought your old life insurance policy, the new one could cost you more, or you could be turned down.
You may need a medical exam for a new life insurance policy.
Claims on most new policies for up to the first 2 years can be denied based on inaccurate statements.
Suicide limitations may begin anew on the new coverage.
IF YOU ARE KEEPING THE OLD LIFE INSURANCE POLICY AS WELL AS THE NEW LIFE INSURANCE POLICY:
How are premiums for both policies being paid
How will the premiums on your existing life insurance policy be affected
Will a loan be deducted from death benefits
What values from the old life insurance policy are being used to pay premiums
IF YOU ARE SURRENDERING AN ANNUITY OR LIFE PRODUCT:
Will you pay surrender charges on your old annuity contract
What are the interest rate guarantees for the new annuity contract
Have you compared the annuity contract charges or other life insurance policy expenses
OTHER ISSUES TO CONSIDER FOR ALL TRANSACTIONS:
What are the tax consequences of buying the new life insurance policy
Is this a tax-free exchange (See your tax advisor.)
Is there a benefit from favorable "grandfathered" treatment of the old life insurance policy under the Internal Revenue Code
Will the existing insurer be willing to modify the old life insurance policy
How does the quality and financial stability of the new company compare with your existing company
