Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 28.00 - Life Insurance Illustrations
Section 28.09 - Delivery of Illustration and Record Retention
Current through Register 1531, September 27, 2024
When an insurance producer or other authorized representative of the insurer uses a basic illustration in the sale of a life insurance policy the following shall be adhered to:
(1) The insurance producer or other authorized representative shall give a signed copy of that illustration to both the applicant and the insurer at the time the applicant applies for the policy, if the applicant applies for the policy as illustrated;
(2) For the purpose in 211 CMR 28.09(1), a signature on an electronic copy of the illustration shall satisfy the requirement for a signed copy;
(3) If the illustration is displayed to the applicant electronically and no hard copy is furnished to the applicant at the time of application, an acknowledgement, signed by the applicant and insurance producer or authorized representative for the insurance producer, shall be obtained by the insurance producer or authorized representative for the insurance producer at the time of application and submitted with the application;
(4) The acknowledgement in 211 CMR 28.09(3) shall contain the following:
(5) The acknowledgement in 211 CMR 28.09(3) shall:
(6) If the policy issued is other than that applied for, the applicant shall be provided with a revised basic illustration which conforms to the policy actually issued;
(7) If a revised illustration is provided as required in 211 CMR 28.09(6):
(8) If the policy is issued, a basic illustration conforming to the policy as issued shall be sent with the policy, if a conforming illustration was not previously provided to the insured, and signed no later than the time the policy is delivered. A copy shall be provided to the insurer and the policy owner;
(9) If an insurance producer or other authorized representative does not use a basic illustration when selling a life insurance policy, or if the applicant applies for a policy other than as illustrated, the insurance producer or other authorized representative shall submit a certification form, provided by the insurer, to the insurer with the policy application;
(10) The form required in 211 CMR 28.09(9), shall contain:
(11) If the insurer sends the basic illustration or revised illustration to the applicant or policy owner by mail, it shall:
(12) Compliance with 211 CMR 28.09(11)(b) may be accomplished by including in the mailing a self-addressed prepaid postage envelope and instructions for returning the signed numeric summary page; and
(13) The insurer shall retain, for three years after the policy is no longer in force, a copy of:
The insurer shall not be required to retain copies, as required in 211 CMR 28.09(13), if the insurer did not issue a policy.