Current through Register 1531, September 27, 2024
(1) The following
acts or practices by an insurer or insurance producer constitute corrupt
practices, improper influences or inducements and are declared to be false,
misleading, deceptive or unfair acts or practices prohibited by M.G.L. c. 176D,
§ 3:
(a) Submitting, processing or
assisting in the submission or processing of any allotment form or similar
device used by the United States Armed Forces to direct a service member's pay
to a third party for the purchase of life insurance. The foregoing includes,
but is not limited to, using or assisting in using a service member's "MyPay"
account or other similar internet or electronic medium for such purposes. 211
CMR 27.06(1) does not prohibit assisting a service member by providing insurer
or premium information necessary to complete any allotment form.
(b) Knowingly receiving funds from a service
member for the payment of premium from a depository institution with which the
service member has no formal banking relationship. For purposes of 211 CMR
27.06, a formal banking relationship is established when the depository
institution:
1. provides the service member a
deposit agreement and periodic statements and makes the disclosures required by
the Truth in Savings Act,
12 U.S.C. §
4301
et seq.; and
2. permits the service member to make
deposits and withdrawals unrelated to the payment or processing of insurance
premiums.
(c) Employing
any device or method or entering into any agreement whereby funds received from
a service member by allotment for the payment of insurance premiums are
identified on the service member's Leave and Earnings Statement or equivalent
or successor form as "Savings" or "Checking" and where the service member has
no formal banking relationship as defined in 211 CMR 27.06(1)(b).
(d) Entering into any agreement with a
depository institution for the purpose of receiving funds from a service member
whereby the depository institution, with or without compensation, agrees to
accept direct deposits from a service member with whom it has no formal banking
relationship.
(e) Using DoD
personnel, directly or indirectly, as a representative or agent in any official
or unofficial capacity with or without compensation with respect to the
solicitation or sale of life insurance to service members who are junior in
rank or grade, or to the family members of such personnel.
(f) Offering or giving anything of value,
directly or indirectly, to DoD personnel to procure their assistance in
encouraging, assisting or facilitating the solicitation or sale of life
insurance to another service member.
(g) Knowingly offering or giving anything of
value to a service member for his or her attendance to any event where an
application for life insurance is solicited.
(h) Advising a service member to change his
or her income tax withholding or State of legal residence for the sole purpose
of increasing disposable income to purchase life insurance.
(2) The following acts or
practices by an insurer or insurance producer lead to confusion regarding
source, sponsorship, approval or affiliation and are declared to be false,
misleading, deceptive or unfair acts or practices prohibited by M.G.L. c. 176D,
§ 3:
(a) Making any representation, or
using any device, title, descriptive name or identifier that has the tendency
or capacity to confuse or mislead a service member into believing that the
insurer, insurance producer or product offered is affiliated, connected or
associated with, endorsed, sponsored, sanctioned or recommended by the U.S.
Government, the United States Armed Forces, or any state or federal agency or
government entity. Examples of prohibited insurance producer titles include,
but are not limited to, "Battalion Insurance Counselor," "Unit Insurance
Advisor," "Servicemen's Group Life Insurance Conversion Consultant" or
"Veteran's Benefits Counselor."
Nothing in 211 CMR 27.06(2) shall be construed to prohibit a
person from using a professional designation awarded after the successful
completion of a course of instruction in the business of insurance by an
accredited institution of higher learning. Such designations include, but are
not limited to, Chartered Life Underwriter (CLU), Chartered Financial
Consultant (CFC), Certified Financial Planner (CFP), Master of Science In
Financial Services (MSFS), or Masters of Science Financial Planning
(MS).
(b) Soliciting the
purchase of any life insurance product through the use of or in conjunction
with any third party organization that promotes the welfare of or assists
members of the United States Armed Forces in a manner that has the tendency or
capacity to confuse or mislead a service member into believing that either the
insurer, insurance producer or insurance product is affiliated, connected or
associated with, endorsed, sponsored, sanctioned or recommended by the U.S.
Government, or the United States Armed Forces.
(3) The following acts or practices by an
insurer or insurance producer lead to confusion regarding premiums, costs or
investment returns and are declared to be false, misleading, deceptive or
unfair acts or practices prohibited by M.G.L. c. 176D, § 3:
(a) Using or describing the credited interest
rate on a life insurance policy in a manner that implies that the credited
interest rate is a net return on premium paid.
(b) Excluding individually issued annuities,
misrepresenting the mortality costs of a life insurance product, including
stating or implying that the product "costs nothing" or is "free."
(4) The following acts or
practices by an insurer or insurance producer regarding SGLI, VGLI or SSLI are
declared to be false, misleading, deceptive or unfair acts or practices
prohibited by M.G.L. c.176D, § 3:
(a)
Making any representation regarding the availability, suitability, amount,
cost, exclusions or limitations to coverage provided to a service member or
dependents by SGLI, VGLI or SSLI, which is false, misleading or
deceptive.
(b) Making any
representation regarding conversion requirements, including the costs of
coverage, or exclusions or limitations to coverage of SGLI, VGLI or SSLI to
private insurers which is false, misleading or deceptive.
(c) Suggesting, recommending or encouraging a
service member to cancel or terminate his or her SGLI policy or issuing a life
insurance policy which replaces an existing SGLI policy unless the replacement
shall take effect upon or after the service member's separation from the United
States Armed Forces.
(5)
The following acts or practices by an insurer and or insurance producer
regarding disclosure are declared to be false, misleading, deceptive or unfair
acts or practices prohibited by M.G.L. c. 176D, § 3:
(a) Deploying, using or contracting for any
lead generating materials designed exclusively for use with service members
that do not clearly and conspicuously disclose that the recipient will be
contacted by an insurance producer, if that is the case, for the purpose of
soliciting the purchase of life insurance.
(b) Failing to disclose that a solicitation
for the sale of life insurance will be made when establishing a specific
appointment for an in-person, face-to-face meeting with a prospective
purchaser.
(c) Excluding
individually issued annuities, failing to clearly and conspicuously disclose
the fact that the product being sold is life insurance.
(d) Failing to make, at the time of sale or
offer to an individual known to be a service member, the written disclosures
required by § 10 of the "Military Personnel Financial Services Protection
Act," Pub. L. No.
109-290, p.16.
(e) Excluding individually issued annuities,
when the sale is conducted in-person face-to-face with an individual known to
be a service member, failing to provide the applicant at the time the
application is taken:
1. an explanation of
any free look period with instructions on how to cancel if a policy is issued;
and
2. either a copy of the
application or a written disclosure. The copy of the application or the written
disclosure shall clearly and concisely set out the type of life insurance, the
death benefit applied for and its expected first year cost. A basic
illustration that meets the requirements of
211
CMR 28.00, and
211 CMR 55.00 if applicable,
shall be deemed sufficient to meet this requirement for a written
disclosure.
(6) The following acts or practices by an
insurer or insurance producer with respect to the sale of certain life
insurance products are declared to be false, misleading, deceptive or unfair
acts or practices prohibited by M.G.L. c. 176D, § 3:
(a) Excluding individually issued annuities,
recommending the purchase of any life insurance product which includes a side
fund to a service member unless the insurer has reasonable grounds for
believing that the life insurance death benefit, standing alone, is
suitable.
(b) Offering for sale or
selling a life insurance product which includes a side fund to a service member
who is currently enrolled in SGLI, is presumed unsuitable unless, after the
completion of a needs assessment, the insurer demonstrates that the applicant's
SGLI death benefit, together with any other military survivor benefits, savings
and investments, survivor income, and other life insurance are insufficient to
meet the applicant's insurable needs for life insurance.
1. Insurable needs are the risks associated
with premature death taking into consideration the financial obligations and
immediate and future cash needs of the applicant's estate and/or survivors or
dependents.
2. Other military
survivor benefits include, but are not limited to: the Death Gratuity, Funeral
Reimbursement, Transition Assistance, Survivor and Dependents' Educational
Assistance, Dependency and Indemnity Compensation, TRICARE Health care
benefits, Survivor Housing Benefits and Allowances, Federal Income Tax
Forgiveness, and Social Security Survivor Benefits.
(c) Excluding individually issued annuities,
offering for sale or selling any life insurance contract which includes a side
fund:
1. unless interest credited accrues
from the date of deposit to the date of withdrawal and permits withdrawals
without limit or penalty;
2. unless
the applicant has been provided with a schedule of effective rates of return
based upon cash flows of the combined product. For this disclosure, the
effective rate of return will consider all premiums and cash contributions made
by the policyholder and all cash accumulations and cash surrender values
available to the policyholder in addition to life insurance coverage. This
schedule will be provided for at least each policy year from one to ten and for
every fifth policy year thereafter ending at age 100, policy maturity or final
expiration; and
3. which by default
diverts or transfers funds accumulated in the side fund to pay, reduce or
offset any premiums due.
(d) Excluding individually issued annuities,
offering for sale or selling any life insurance contract which after
considering all policy benefits, including but not limited to endowment, return
of premium or persistency, does not comply with standard nonforfeiture law for
life insurance.
(e) Selling any
life insurance product to an individual known to be a service member that
excludes coverage if the insured's death is related to war, declared or
undeclared, or any act related to military service except for an accidental
death coverage, e.g., double indemnity, which may be
excluded.