(1)211 CMR
27.00 shall not apply to solicitations or sales
involving:
(a) Credit insurance;
(b) Group life insurance or group annuities
where there is no in-person, face-to-face solicitation of individuals by an
insurance producer or where the contract or certificate does not include a side
fund;
(c) An application to the
existing insurer that issued the existing policy or contract when a contractual
change or a conversion privilege is being exercised; or, when the existing
policy or contract is being replaced by the same insurer pursuant to a program
filed with and approved by the commissioner; or, when a term conversion
privilege is exercised among corporate affiliates;
(d) Individual stand-alone health policies,
including disability income policies;
(e) Contracts offered by Service members'
Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as
authorized by
38
U.S.C. §
1965
et seq.
or State Sponsored Life Insurance (SSLI) as authorized by
37 U.S.C. §
707
et seq.;
(f) Life insurance contracts offered through
or by a non-profit military association, qualifying under § 501(c)(23) of
the Internal Revenue Code (IRC), and which are not underwritten by an insurer;
or
(g) Contracts used to fund:
1. An employee pension or welfare benefit
plan that is covered by the Employee Retirement and Income Security Act
(ERISA);
2. A plan described by
§§ 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, if
established or maintained by an employer;
3. A government or church plan defined in
§ 414 of the IRC, a government or church welfare benefit plan, or a
deferred compensation plan of a state or local government or tax exempt
organization under § 457 of the IRC;
4. A nonqualified deferred compensation
arrangement established or maintained by an employer or plan sponsor;
5. Settlements of or assumptions of
liabilities associated with personal injury litigation or any dispute or claim
resolution process; or
6.
Prearranged funeral contracts.
(2) Nothing in
211 CMR
27.00 shall be construed to abrogate the ability of
nonprofit organizations (and/or other organizations) to educate members of the
United States Armed Forces in accordance with Department of Defense (DoD)
Instruction 1344.07 - PERSONAL COMMERCIAL SOLICITATION ON DOD INSTALLATIONS or
successor directive.
(3) For
purposes of
211 CMR
27.00, general advertisements, direct mail and
internet marketing shall not constitute "solicitation." Telephone marketing
shall not constitute "solicitation" provided the caller explicitly and
conspicuously discloses that the product concerned is life insurance and makes
no statements that avoid a clear and unequivocal statement that life insurance
is the subject matter of the solicitation. Provided however, nothing in
211 CMR 27.04(3)
shall be construed to exempt an insurer or
insurance producer from
211 CMR
27.00 in any in-person, face-to-face meeting
established as a result of the "solicitation" exemptions identified in
211 CMR
27.07(3).
