23 CAR § 86-501. Notice and form

(a)(1) Application forms shall include a question designed to elicit information as to whether the insurance to be issued is intended to replace any other disability insurance presently in force. (2) A supplementary application or other form to be signed by the applicant containing such a question may be used. (b)(1) Upon determining that a sale will involve replacement, an insurer, other than a direct-response insurer, or its agent shall furnish the applicant, prior to issuance or delivery of the policy, the notice described in subsection (c) of this section. (2) One (1) copy of such notice shall be retained by the applicant, and an additional copy signed by the applicant shall be retained by the insurer. (3)(A) A direct-response insurer shall deliver to the applicant, upon issuance of the policy, the notice described in subsection (d) of this section. (B) In no event, however, will such a notice be required in the solicitation of the following types of policies: (i) Accident-only policies; and (ii) Single-premium nonrenewable policies. (c) The notice required by subsection (b) of this section for an insurer, other than a direct-response insurer, shall provide, in substantially the following form: NOTICE TO APPLICANT REGARDING REPLACEMENT OF ACCIDENT AND HEALTH INSURANCE According to (your application) (information you have furnished), you intend to lapse or otherwise terminate existing accident and health insurance and replace it with a policy to be issued by (insert company name) Insurance Company. For your own information and protection, you should be aware of and seriously consider certain factors which may affect the insurance protection available to you under the new policy. (1) Health conditions which you may presently have, (pre-existing conditions) may not be immediately or fully covered under the new policy. This could result in denial or delay of a claim for benefits under the new policy, whereas a similar claim might have been payable under your present policy. (2) You may wish to secure the advice of your present insurer or its agent regarding the proposed replacement of your present policy. This is not only your right but it is also in your best interest to make sure you understand all the relevant factors involved in replacing your present coverage. (3) If, after due consideration, you still wish to terminate your present policy and replace it with new coverage, be certain to truthfully and completely answer all questions on the application concerning your medical/health history. Failure to include all material medical information on an application may provide a basis for the company to deny any future claims and to refund your premium as though your policy had never been in force. After the application has been completed and before you sign it, reread it carefully to be certain that all information has been properly recorded. The above “Notice to Applicant” was delivered to me on: __________________________ (Date) __________________________ (Applicant’s Signature) (d) The notice required by subsection (b) of this section for a direct-response insurer shall be as follows: NOTICE TO APPLICANT REGARDING REPLACEMENT OF ACCIDENT AND HEALTH INSURANCE According to (your application) (information you have furnished), you intend to lapse or otherwise terminate existing accident and health insurance and replace it with the policy delivered herewith issued by (insert company name) Insurance Company. Your new policy provides ten (10) days within which you may decide without cost whether you desire to keep the policy. For your own information and protection, you should be aware of and seriously consider factors which may affect the insurance protection available to you under the new policy. (1) Health conditions which you may presently have, (pre-existing conditions) may not be immediately or fully covered under the new policy. This could result in denial or delay of a claim for benefits under the new policy, whereas a similar claim might have been payable under your present policy. (2) You may wish to secure the advice of your present insurer or its agent regarding the proposed replacement of your present policy. This is not only your right but it is also in your best interest to make sure you understand all the relevant factors involved in replacing your present coverage. (3) (To be included only if the application is attached to the Policy.) If, after due consideration, you still wish to terminate your present policy and replace it with new coverage, read the copy of the application attached to your new policy and be sure that all questions are answered fully and correctly. Omissions or misstatements in the application could cause an otherwise valid claim to be denied. Carefully check the application and write to (insert company name and address) within ten (10) days if any information is not correct and complete or if any past medical history has been left out of the application.