19 MAC Pt. 3, R. 8.12
Requirements for Replacement
Cite as 19 Miss. Admin. Code Pt. 3, R. 8.12
Requirements for Replacement
A. Question Concerning Replacement. Individual and direct response solicited long-term
care insurance application forms shall include a question designed to elicit information
as to whether the proposed insurance policy is intended to replace any other accident
and sickness or long-term care insurance policy presently in force. A supplementary
application or other form to be signed by the applicant containing such a question may
be used.
B. Solicitations Other than Direct Response. Upon determining that a sale will involve
replacement, an insurer; other than an insurer using direct response solicitation
methods, or its agent; shall furnish the applicant, prior to issuance or delivery of the
individual long-term care insurance policy, a notice regarding replacement of accident
and sickness or long-term care coverage. One copy of such notice shall be retained by
the applicant and an additional copy signed by the applicant shall be retained by the
insurer. The required notice shall be provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT
OF INDIVIDUAL ACCIDENT AND SICKNESS OR LONG-TERM CARE
INSURANCE
According to (your application) (information you have furnished), you intend to lapse or
otherwise terminate existing accident and sickness or long-term care insurance and replace it
with an individual long-term care insurance policy to be issued by (company name) Insurance
Company. Your new policy provides thirty (30) days within which you may decide, without
cost, whether you desire to keep the policy. For your own information and protections, 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 (preexisting conditions), may not be
immediately or fully covered under the new policy. This could result in denial or delay
in payment of 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)
C. Direct Response Solicitations. Insurers using direct response solicitation methods
shall deliver a notice regarding replacement of accident and sickness or long-term care
coverage to the applicant upon issuance of the policy. The required notice shall be
provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
ACCIDENT AND SICKNESS OR LONG-TERM CARE INSURANCE
According to (your application) (information you have furnished), you intend to lapse or
otherwise terminate existing accident and sickness or long-term care insurance and replace it
with the long-term care insurance policy delivered herewith issued by (company name)
Insurance Company. Your new policy provides thirty (30) 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 certain factors which may affect the insurance
protection available to you under the new policy.
1.
Health conditions which you may presently have (preexisting conditions), may not be
immediately or fully covered under the new policy. This could result in denial or delay
in payment of 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 (company name and address) within thirty (30) days if any
information is not correct and complete, or if any past medical history has been left out
of
the application.
_______________________________________
(Company Name)