West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-11A - Life Insurance Disclosures
Section 114-11A-4 - Duties of Insurers
Universal Citation: 114 WV Code of State Rules 114-11A-4
Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. Requirements Applicable Generally
a. The insurer shall provide
a Buyer's Guide to all prospective purchasers prior to accepting the applicant's
initial premium or premium deposit. However, if the policy for which application is
made contains an unconditional refund provision of at least ten (10) calendar days,
the Buyer's Guide may be delivered with the policy or prior to delivery of the
policy.
b. The insurer shall provide a
policy summary to prospective purchasers where the insurer has identified the policy
form as one that will not be marketed with an illustration. The policy summary shall
show guarantees only and must consist of a separate document with all required
information set out in a manner that does not minimize or render any portion of the
summary obscure. Any amounts that remain level for two (2) or more years of the
policy may be represented by a single number if it clearly indicates what amounts
are applicable for each policy year. Amounts in paragraphs 1 through 5, subdivision
e. subsection 3.7 shall be listed in total, not on a per thousand or per unit basis.
If more than one insured is covered under one policy or rider and if death benefits
do not differ within the class, death benefits shall be displayed separately for
each insured or for each class of insureds. Zero amounts shall be displayed as a
blank space. Delivery of the policy summary shall be consistent with the time for
delivery of the Buyer's Guide as specified in subdivision a of this
subsection.
4.2. Requirements Applicable to Existing Policies.
a. Upon request by
the policyowner, the insurer shall furnish either policy data or an "in force
illustration" as defined in subdivision c, subsection 3.4 of this rule as follows:
1. For policies that the insurer identified not to
be used with an illustration, the insurer shall furnish policy data, limited to
guaranteed values, if it has chosen not to furnish an in force illustration meeting
the requirements of the rule;
2. If the
policy was identified to be used with an illustration, the insurer shall provide an
in force illustration;
3. Unless
otherwise requested, the policy data shall be provided by the insurer for twenty
(20) consecutive years beginning with the previous policy anniversary. The statement
of policy data shall include nonguaranteed elements according to the current scale,
the amount of outstanding policy loans and the current policy loan interest rate.
Policy values shown shall be based on the current application of nonguaranteed
elements in effect at the time of the request. The insurer may charge a reasonable
fee, not to exceed ten dollars ($10.00), for the preparation of the
statement.
b. If a life
insurance company changes its method of determining scales of nonguaranteed elements
on existing policies, it must, no later than when the first payment is made on the
new basis, advise each affected policyowner residing in this state of the change and
of its effect on affected policies. This requirement does not apply to policies for
which the amount payable upon death under the basic policy on the date when advice
would otherwise be required does not exceed five thousand dollars
($5,000).
c. If the insurer makes a
material revision in the terms and conditions under which it limits its right to
change any nonguaranteed factor, it must, no later than the first policy anniversary
following the revision, advise each affected policyowner residing in this
state.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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