New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 4 - ACTUARIAL SERVICES
Subchapter 52 - LIFE INSURANCE ILLUSTRATIONS
Section 11:4-52.4 - General rules and prohibitions
Universal Citation: NJ Admin Code 11:4-52.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) An illustration used in the sale of a life insurance policy shall satisfy the applicable requirements of these rules, be clearly labeled "life insurance illustration" and contain the following basic information:
1. The name of the insurer;
2. The name and business address of the
producer or insurer's authorized representative, if any;
3. The name, age and sex of the proposed
insured, except where a composite illustration is permitted under these rules.
In the case of a composite illustration, it shall be so identified;
4. The underwriting or rating classification
upon which the illustration is based;
5. The generic name of the policy, the
company product name, if different, and State specific form number;
6. The initial death benefit; and
7. The dividend option election or
application of non-guaranteed elements, if applicable.
(b) When using an illustration in the sale of a life insurance policy, an insurer or its producers or other authorized representatives shall not:
1. Represent the
policy as anything other than a life insurance policy;
2. Use or describe non-guaranteed elements in
a manner that is misleading or has the capacity or tendency to
mislead;
3. State or imply that the
payment or amount of non-guaranteed elements is guaranteed;
4. Use an illustration that does not comply
with the requirements of these rules;
5. Use an illustration that at any policy
duration depicts policy performance more favorable to the policy owner than
that produced by the illustrated scale of the insurer whose policy is being
illustrated;
6. Use an illustration
that includes any information that is unauthorized pursuant to law, outdated
and/or invalid, no longer effective, or that fails to accurately reflect
particulars concerning the applicant or policy being offered;
7. Provide an applicant with an incomplete
illustration;
8. Represent in any
way that premium payments will not be required for each year of the policy in
order to maintain the illustrated death benefits, unless that is the
fact;
9. Use the term "vanish" or
"vanishing premium," or a similar term that implies the policy becomes paid up,
to describe a plan for using non-guaranteed elements to pay a portion of future
premiums;
10. Except for policies
that can never develop nonforfeiture values, use an illustration that is
"lapse-supported"; or
11. Use an
illustration that is not "self-supporting."
(c) If an interest rate used to determine the illustrated non-guaranteed elements is shown, it shall not be greater than the earned interest rate underlying the disciplined current scale.
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