50 Ill. Adm. Code 2002.APPENDIX A
A Guidelines
Section 2002.APPENDIX A
Guidelines
Section 2002.ILLUSTRATION U Guideline
to Section 2002.80
a) This Section imposes the same disclosure standards with
respect to policy provisions relating to renewability, cancelability and
termination, modification of benefits, losses or premiums because of age or
otherwise as stated in ILLUSTRATION O. The comments in that Illustration are
equally applicable to this Section.
b) Advertisements of cancelable policies must state that the
contract is cancelable or renewable at the option of the company as the case
may be. For example, the following represent illustrations: A policy which is
cancelable shall be advertised in a manner similar to "This policy can be
cancelled by the company at any time"; a policy which is renewable at the
option of the insurance company shall be advertised in a manner similar to
"This policy is renewable at the option of the company" or "The
company has the right to refuse renewal of this policy" or "Renewable
at the option of the insurer." Advertisements of such policies must
indicate that the insurer has the right to increase premium rates.
c) With respect to non-cancelable policies and
guaranteed-renewable policies, the Part requires that a summary of the policy
provisions with respect to renewability must be set forth and defined where
appropriate. The disclosure of provisions relating to renewability requires
the use of language such as "non-cancelable," "non-cancelable
and guaranteed renewable," or "guaranteed renewable."
d) The Part also requires a statement of the qualifying
conditions which constitute limitations of the permanent nature of the
coverage. These customarily fall into three categories: age limits,
reservation of right to increase premiums and the establishment of aggregate
limits. For example, "non-cancelable and guaranteed renewable" does
not fulfill the requirement of the Part if the policy contains a terminal age
of 65. In such a case, a proper statement would be "non-cancelable and
guaranteed renewable to age 65." If a guaranteed renewable policy
reserves the right to increase premiums, the statement must be expanded into
language similar to "guaranteed renewable to age 65, but the company
reserves the right to increase premium rates on a class basis." A policy
may have one or more of the three basic limitations and an advertisement must
describe each of those which the policy contains. Most new individual policy
issues are guaranteed renewable; therefor, the fact that a policy is guaranteed
renewable shall not be exaggerated.
e) This Part also requires the disclosure of any modification of
benefits or losses covered because of age or for other reasons. Provisions for
reduction of benefits at stated ages must be set forth. For example, a policy
may contain a provision which reduces benefits 50% after age 60 although it is
renewable to age 65. Such a reduction would have to be set forth. Also, a
provision for the elimination of certain hazards at any specific ages or after
the policy has been in force for a specified time would have to be set forth.
f) An advertisement for a policy which provides for step-rated
premium rates based upon the policy year of the insured's attained age must
disclose such rate increases and the times or ages at which such premiums
increase.
g) This Section requires that the qualifying conditions of
renewability must be disclosed in a manner which does not minimize or render
obscure the qualifying conditions of renewal.