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Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-5 - Form and content of advertisements

Current through July 10, 2024
A. The format and
			 content of an advertisement of an accident or sickness insurance policy shall
			 be sufficiently complete and clear to avoid deception or the capacity or
			 tendency to mislead or deceive. Whether an advertisement has a capacity or
			 tendency to mislead or deceive shall be determined by the Commissioner of
			 Insurance from the overall impression that the advertisement may be reasonably
			 expected to create upon a person of average education or intelligence, within
			 the segment of the public to which it is directed.
B. Advertisements shall be truthful and not
			 misleading in fact or in implication. Words or phrases, the meaning of which is
			 clear only by implication or by familiarity with insurance terminology, shall
			 not be used.
C. An offer in an
			 advertisement of free inspection of policy or offer of a premium refund or
			 offer to inquire is not a cure for misleading or deceptive statements contained
			 in such advertisement.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-7 - Necessity for disclosing policy provisions relating to renew-ability, cancellability and termination

Current through July 10, 2024
When an advertisement which is an invitation to contract refers
				to either a dollar amount or a period of time for which any benefit is payable,
				or the cost of the policy, or specific policy benefit, or the loss for which
				such benefit is payable, it shall disclose the provisions relating to
				renewability, cancellability and termination and any modification of benefits,
				losses covered or premiums because of age or for other reasons, in a manner
				which shall not minimize or render obscure the qualifying
				conditions.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-8 - Photographs

Current through July 10, 2024
The use of the following photographs, illustrations or
				depictions shall not be used in a manner that has the capacity, tendency or
				effect of being misleading or deceptive:
(1) hospitalized victims or
			 patients;
(2) ambulances or
			 emergency vehicles;
(3) medical
			 instruments, facilities or personnel;
(4) injured persons;
(5) any photograph or illustration that
			 detracts or unduly emphasizes the risks covered by a particular
			 policy;
(6) any other photograph,
			 illustration or depiction that tends to be misleading or deceptive.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-9 - Testimonials or endorsements by third parties

Current through July 10, 2024
A. Testimonials
			 used in advertisements must be genuine, represent the current opinion of the
			 author, be applicable to the policy advertised and be accurately reproduced.
			 The insurer, in using a testimonial, makes as its own all of the statements
			 contained therein, and the advertisement, including such statement, is subject
			 to all the provisions of these rules.
B. If the person making a testimonial, an
			 endorsement or an appraisal has a financial interest in the insurer or a
			 related entity as a stockholder, director, officer, employee, or otherwise,
			 such fact shall be disclosed in the advertisement. If a person is compensated
			 for making a testimonial, endorsement or appraisal, such fact shall be
			 disclosed in the advertisement by language substantially as follows: "Paid
			 Endorsement." The provisions of this subsection do not require disclosure of
			 union "scale" wages required by union rules if the payment is actually for such
			 "scale" for TV or radio performances. The payment of substantial amounts,
			 directly or indirectly, for "travel and entertainment" for filming or recording
			 of TV or radio advertisements remove the filming or recording from the category
			 of an unsolicited testimonial and require disclosure of such compensation. The
			 provisions of this subsection do not apply to an institutional advertisement
			 which has as its sole purpose the promotion of the insurer.
C. An advertisement shall not state or imply
			 that an insurer or a policy has been approved or endorsed by any individual,
			 group of individuals, society, association or other organizations, unless such
			 is the fact, and unless any proprietary relationship between an organization
			 and the insurer is disclosed. If the entity making the endorsement or
			 testimonial has been formed by the insurer or is owned or controlled by the
			 insurer or the person or persons who own or control the insurer, such fact
			 shall be disclosed in the advertisement.
D. When a testimonial refers to benefits
			 received under a policy, the specific claim data, including claim number, date
			 of loss, and other pertinent information shall be retained by the insurer for
			 inspection for a period of four years or until the filing of the next regular
			 report on examination of the insurer, whichever is the longer period of
			 time.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-10 - Use of statistics

Current through July 10, 2024
A. An advertisement
			 relating to the dollar amounts of claims paid, the number of persons insured,
			 or similar statistical information relating to any insurer or policy shall not
			 use irrelevant facts and shall not be used unless it accurately reflects all of
			 the relevant facts. Such an advertisement shall not imply that such statistics
			 are derived from the policy advertised unless such is the fact, and when
			 applicable to other policies or plans shall specifically so state.
B. An advertisement shall not represent or
			 imply that claim settlements by the insurer are "liberal" or "generous," or use
			 words of similar import, or that claim settlements are or will be beyond the
			 actual terms of the contract. An unusual amount paid for a unique claim for the
			 policy advertised is misleading and shall not be used.
C. The source of any statistics used in an
			 advertisement shall be identified in such advertisement.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-11 - Identification of plan or number of policies

Current through July 10, 2024
A. When a choice of
			 the amount of benefits is referred to, an advertisement which is an invitation
			 to contract shall disclose that the amount of benefits provided depends upon
			 the plan selected and that the premium will vary with the amount of the
			 benefits selected.
B. When an
			 advertisement which is an invitation to contract refers to various benefits
			 which may be contained in two or more policies, other than group master
			 policies, the advertisement shall disclose that such benefits are provided only
			 through a combination of such policies.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-12 - Disparaging comparisons and statements

Current through July 10, 2024
An advertisement shall not directly or indirectly make unfair
				or incomplete comparisons of policies or benefits or comparisons of
				non-comparable policies of other insurers and shall not disparge competitors,
				their policies, services or business methods and shall not disparage or
				unfairly minimize competing methods of marketing insurance.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-13 - Jurisdictional licensing and status of insurer

Current through July 10, 2024
A. An
			 advertisement which is intended to be seen or heard beyond the limits of the
			 jurisdiction in which the insurer is licensed shall not imply licensing beyond
			 those limits.
B. An advertisement
			 shall not create the impression directly or indirectly that the insurer, its
			 financial condition or status, or the payment of its claims, or the merits,
			 desirability, or advisability of its policy forms or kinds or plans of
			 insurance are approved, endorsed, or accredited by any division or agency of
			 this state or the United States Government unless such is the fact.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-14 - Identity of insurer

Current through July 10, 2024
A. The name of the
			 actual insurer shall be stated in all of its advertisements. The form number or
			 numbers of the policy advertised shall be stated in an advertisement which is
			 an invitation to contract. An advertisement shall not use a trade name, any
			 insurance group designation, name of the parent company of the insurer, name of
			 a particular division of the insurer, service mark, slogan, symbol or other
			 device which without disclosing the name of the actual insurer would have the
			 capacity and tendency to mislead or deceive as to the true identity of the
			 insurer.
B. No advertisement shall
			 use any combination of words, symbols, or physical materials which by their
			 content, phraseology, shape, color or other characteristics are so similar to
			 combination of words, symbols, or physical materials used by agencies of the
			 federal government or of this state, or otherwise appear to be of such a nature
			 that it tends to confuse or mislead prospective insureds into believing that
			 the solicitation is in some manner connected with an agency of the municipal,
			 state, or federal government.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-15 - Group or quasi-group implications

Current through July 10, 2024
An advertisement of a particular policy shall not state or
				imply that prospective insureds become group or quasi-group members covered
				under a group policy and as such enjoy special rates or underwriting
				privileges, unless such is the fact.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-16 - Introductory, initial or special offers

Current through July 10, 2024
A.
(1) an advertisement of an individual policy
			 shall not directly or by implication represent that a contract or combination
			 of contracts is an introductory, initial or special offer, or that applicants
			 will receive substantial advantages not available at a later date, or that the
			 offer is available only to a specified group of individuals, unless such is the
			 fact. An advertisement shall not contain phrases describing an enrollment
			 period as "special," "limited," or similar words or phrases when the insurer
			 uses such enrollment periods as the usual method of advertising accident and
			 sickness insurance.
(2) An
			 enrollment period during which a particular insurance product may be purchased
			 on an individual basis shall not be offered within this state unless there has
			 been a lapse of not less than six months between the close of the immediately
			 preceding enrollment period for the same product and the opening of the new
			 enrollment period. The advertisement shall indicate the date by which the
			 applicant must mail the application which shall be not less than ten days and
			 not more than forty days from the date that such enrollment period is
			 advertised for the first time. The provisions of this subsection apply to all
			 advertising media, i.e., mail, newspapers, radio, television, magazines and
			 periodicals, by any one insurer. It is inapplicable to solicitations of
			 employees or members of a particular group or association which otherwise would
			 be eligible under specific provisions of the Insurance Code for group, blanket
			 or franchise insurance. The phrase "any one insurer" includes all the
			 affiliated companies of a group of insurance companies under common management
			 or control.
(3) The provisions of
			 this subsection prohibit any statement or implication to the effect that only a
			 specific number of policies will be sold or that a time is fixed for the
			 discontinuance of the sale of the particular policy advertised because of
			 special advantages available in the policy, unless such is the fact.
(4) The phrase "a particular insurance
			 product" in ¶ (2) of this section means an insurance policy which provides
			 substantially different benefits than those contained in any other policy.
			 Different terms of renewability, an increase or decrease in the dollar amounts
			 of benefits, an increase or decrease in any elimination period of waiting
			 period from those available during an enrollment period for another policy
			 shall not be sufficient to constitute the product being offered as a different
			 product eligible for concurrent or overlapping enrollment periods.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-17 - Statements about an insurer

Current through July 10, 2024
An advertisement shall not contain statements which are untrue
				in fact, or by implication misleading, with respect to the assets, corporate
				structure, financial standing, age or relative position of the insurer in the
				insurance business. An advertisement shall not contain a recommendation by any
				commercial rating system unless it clearly indicates the purpose of the
				recommendation and the limitations of the scope and extent of the
				recommendation.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-18 - Enforcement procedures

Current through July 10, 2024
A.
Advertising file.
Each insurer shall maintain at its home or
			 principal office a complete file containing every printed, published or
			 prepared advertisement of its individual policies and typical printed,
			 published or prepared advertisements of its blanket, franchise and group
			 policies hereafter disseminated in this or any other state whether or not
			 licensed in such other state, with a notation attached to each such
			 advertisement which shall indicate the manner and extent of distribution and
			 the form number of any policy advertised. Such file shall be subject to regular
			 and periodical inspection by this Department. All such advertisements shall be
			 maintained in said file for a period of either four years or until the filing
			 of the next regular report on examination of the insurer, whichever is the
			 longer period of time.
B.
Certificate of compliance.
Each insurer required to file an Annual
			 Statement which is now or which hereafter becomes subject to the provisions of
			 these regulations must file with this Department with its Annual Statement a
			 Certificate of Compliance executed by an authorized officer of the insurer
			 wherein it is stated that, to the best of his knowledge, information, and
			 belief, the advertisements which were disseminated by the insurer during the
			 preceding statement year complied or were made to comply in all respects with
			 the provisions of these regulations and the insurance laws of this State as
			 implemented and interpreted by these regulations.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-19 - Severability provision

Current through July 10, 2024
If any section or portion of a section of these regulations or
				the applicability thereof to any person or circumstance is held invalid by a
				court, the remainder of the regulations, or the applicability of such provision
				to other persons or circumstances, shall not be affected
				thereby.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Section 38a-819-20 - Filing for prior review

Current through July 10, 2024
The Commissioner may, at his discretion, after reasonable
				notice to the insurer involved, require the filing with this Department, for
				review prior to use, of all advertising material proposed for use by an insurer
				as defined in §
								38a-819-3 C herein.
				Such advertising material must be filed by the insurer with this Department not
				less than 30 days prior to the date the insurer desires to use the
				advertisement.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-21 - Purpose

Current through July 10, 2024
The purpose of these regulations is to set forth minimum
				  standards and guidelines to assure a full and truthful disclosure to the public
				  of all material and relevant information in the advertising of life insurance
				  policies and annuity contracts.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-22 - Definitions

Current through July 10, 2024
For the purpose of these regulations:
A. "Policy" shall include any policy, plan,
				certificate, contract, agreement, statement of coverage, rider, or endorsement
				which provides for life insurance or annuity benefits.
B. "Insurer" shall include any individual,
				corporation, association, partnership, reciprocal exchange, interinsurer,
				Lloyd's, fraternal benefit society, and any other legal entity which is defined
				as an "insurer" in the Insurance Code of this State or issues life insurance or
				annuities in this state and is engaged in the advertisement of a
				policy.
C. "Advertisement" shall be
				material designed to create public interest in life insurance or annuities or
				in an insurer, or to induce the public to purchase, increase, modify,
				reinstate, or retain a policy including:
1.
				Printed and published material, audiovisual material, and descriptive
				literature of an insurer used in direct mail, newspapers, magazines, radio and
				television scripts, billboards, and similar displays;
2. Descriptive literature and sales aids of
				all kinds issued by an insurer or agent, including but not limited to
				circulars, leaflets, booklets, depictions, illustrations, and form
				letters;
3. Material used for the
				recruitment, training, and education of an insurer's sales personnel, agents,
				solicitors, and brokers which is designed to be used or is used to induce the
				public to purchase, increase, modify, reinstate, or retain a policy;
4. Prepared sales talks, presentations, and
				material for use by sales personnel, agents, solicitors, and brokers.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-23 - Applicability

Current through July 10, 2024
A. These regulations shall apply to any life
				insurance or annuity advertisement intended for dissemination in this
				state.
B. Every insurer shall
				establish and at all times maintain a system of control over the content, form,
				and method of dissemination of all advertisements of its policies. All such
				advertisements, regardless of by whom written, created, designed, or presented,
				shall be the responsibility of the insurer.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-24 - Form and content of advertisements

Current through July 10, 2024
A. Advertisments
				shall be truthful and not misleading in fact or by implication. The form and
				content of an advertisement of a policy shall be sufficiently complete and
				clear so as to avoid deception. It shall not have the capacity or tendency to
				mislead or deceive.
Whether an advertisement has the capacity or tendency to
				  mislead or deceive shall be determined by the Commissioner of Insurance from
				  the overall impression that the advertisement may be reasonably expected to
				  create upon a person of average education or intelligence within the segment of
				  the public to which it is directed.
B. No advertisement shall use the terms
				"investment," "investment plan," "founder's plan," "charter plan," "expansion
				plan," "profit," "profits," "profit sharing," "interest plan," "savings,"
				"savings plan," or other similar terms in connection with a policy in a context
				or under such circumstances or conditions as to have the capacity or tendency
				to mislead a purchaser or prospective purchaser of such policy to believe that
				he will receive, or that it is possible that he will receive, something other
				than a policy or some benefit not available to other persons of the same class
				and equal expectation of life.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-26 - Identity of insurer

Current through July 10, 2024
A. The name of the
				insurer shall be clearly identified and, if any specific individual policy is
				advertised, it shall be identified either by form number or other appropriate
				description. An advertisement shall not use a trade name, an insurance group
				designation, name of the parent company of the insurer, name of a particular
				division of the insurer, service mark, slogan, symbol, or other device or
				reference without disclosing the name of the insurer, if the advertisement
				would have the capacity or tendency to mislead or deceive as to the true
				identity of the insurer or create the impression that a company other than the
				insurer would have any responsibility for the financial obligation under a
				policy.
B. No advertisement shall
				use any combination of words, symbols, or physical materials which by their
				content, phraseology, shape, color, or other characteristics are so similar to
				a combination of words, symbols, or physical materials used by a governmental
				program or agency or otherwise appear to be of such a nature that they tend to
				mislead prospective insureds into believing that the solicitation is in some
				manner connected with such governmental program or agency.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-27 - Jurisdictional licensing and status of insurer

Current through July 10, 2024
A. An
				advertisement which is intended to be seen or heard beyond the limits of the
				jurisdiction in which the insurer is licensed shall not imply licensing beyond
				such limits.
B. An advertisement
				may state that an insurer is licensed in the state where the advertisement
				appears, provided it does not exaggerate such fact or suggest or imply that
				competing insurers may not be so licensed.
C. An advertisement shall not create the
				impression that the insurer, its financial condition or status, the payment of
				its claim, or the merits, desirability, or advisability of its policy forms or
				kinds of plans of insurance are recommended or endorsed by any governmental
				entity. However, where a governmental entity has recommended or endorsed a
				policy form or plan, such fact may be stated if the entity authorizes its
				recommendation or endorsement to be used in an advertisement.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-28 - Statements about the insurer

Current through July 10, 2024
An advertisement shall not contain statements, pictures, or
				  illustrations which are false or misleading, in fact or by implication, with
				  respect to the assets, liabilities, insurance in force, corporate structure,
				  financial condition, age, or relative position of the insurer in the insurance
				  business. An advertisement shall not contain a recommendation by any commercial
				  rating system unless it clearly defines the scope and extent of the
				  recommendation.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-29 - Enforcement procedure

Current through July 10, 2024
A. Each insurer
				shall maintain at its home or principal office a complete file containing a
				specimen copy of every printed, published, or prepared advertisement of its
				individual policies and specimen copies of typical printed, published, or
				prepared advertisements of its blanket, franchise, and group policies,
				hereafter disseminated in this state, with a notation indicating the manner and
				extent of distribution and the form number of any policy advertised. Such file
				shall be subject to inspection by this Department. All such advertisements
				shall be maintained in said file for a period of either four years or until the
				filing of the next regular report on examination of the insurer, whichever is
				the longer period of time.
B. Each
				insurer subject to the provisions of these regulations shall file with this
				Department with its Annual Statement a certificate of compliance executed by an
				authorized officer of the insurer wherein it is stated that to the best of his
				knowledge, information, and belief the advertisements which were disseminated
				by or on behalf of the insurer in this state during the preceding statement
				year, or during the portion of such year when these rules were in effect,
				complied or were made to comply in all respects with the provisions of these
				regulations and the insurance laws of this state as implemented and interpreted
				by these regulations.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-30 - Filing for prior review

Current through July 10, 2024
The Commissioner may, at his discretion, after reasonable
				  notice to the insurer involved, require the filing with this Department, for
				  review prior to use, of all advertising material proposed for use by an
				  insurer. Such advertising material must be filed by the insurer with this
				  Department not less than thirty days prior to the date of the insurer desires
				  to use the advertisement.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Unfair Insurance Practices: Advertisements of Life Insurance › Section 38a-819-31 - Severability provision

Current through July 10, 2024
If any section or portion of a section of these regulations
				  or the applicability thereof to any person or circumstance is held invalid by a
				  court, the remainder of the regulations, or the applicability of such provision
				  to other persons or circumstances, shall not be affected
				  thereby.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Solicitation › Section 38a-819-33 - Purpose

Current through July 10, 2024
(A) The purpose of this regulation is to
				require insurers to deliver to purchasers of life insurance, information which
				will improve the buyer's ability to select the most appropriate plan of life
				insurance for his needs, improve the buyer's understanding of the basic
				features of the policy which has been purchased or which is under consideration
				and improve the ability of the buyer to evaluate the relative costs of similar
				plans of life insurance.
(B) This
				regulation does not prohibit the use of additional material which is not in
				violation of this regulation or any other Connecticut statute or
				regulation.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Solicitation › Section 38a-819-34 - Scope

Current through July 10, 2024
(A) Except as hereafter exempted, this
				regulation shall apply to any solicitation, negotiation, or procurement of life
				insurance occurring within this state. This regulation shall apply to any
				issuer of life insurance contracts including fraternal benefit
				societies.
(B) Unless otherwise
				specifically included, this regulation shall not apply to:
1. Annuities.
2. Credit life insurance.
3. Group life insurance.
4. Life insurance policies issued in
				connection with pension and welfare plans as defined by and which are subject
				to the federal Employee Retirement Income Security Act of 1974
				(ERISA).
5. Variable life insurance
				under which the death benefits and cash values vary in accordance with unit
				values of investments held in a separate account.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Solicitation › Section 38a-819-35 - Definitions

Current through July 10, 2024
For the purposes of this regulation, the following
				  definitions shall apply:
(A)
Buyer's guide.
A Buyer's Guide is a document which contains, and
				is limited to, the language contained in the Appendix to this regulation or
				language approved by the Insurance Commissioner.
(B)
Cash dividend.
A Cash
				Dividend is the current illustrated dividend which can be applied toward
				payment of the gross premium.
(C)
Equivalent level annual dividend.
The Equivalent Level Annual
				Dividend is calculated by applying the following steps:
1. Accumulate the annual cash dividends at
				five percent interest compounded annually to the end of the tenth and twentieth
				policy years.
2. Divide each
				accumulation of Step 1 by an interest factor that converts it into one
				equivalent level annual amount that, if paid at the beginning of each year,
				would accrue to the values in Step 1 over the respective periods stipulated in
				Step 1. If the period is ten years, the factor is 13.207 and if the period is
				twenty years, the factor is 34.719.
3. Divide the results of Step 2 by the number
				of thousands of the Equivalent Level Death Benefit to arrive at the Equivalent
				Level Annual Dividend.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Solicitation › Section 38a-819-36 - Disclosure requirements

Current through July 10, 2024
(A) The insurer
				shall provide, to all prospective purchasers, a Buyer's Guide and a policy
				Summary prior to accepting the applicant's initial premium or premium deposit,
				unless the policy for which application is made contains an unconditional
				refund provision of at least ten days or unless the Policy Summary contains
				such an unconditional refund offer, in which event the Buyer's Guide and Policy
				Summary must be delivered with the policy or prior to delivery of the
				policy.
(B) The insurer shall
				provide a Buyer's Guide and a Policy Summary to any prospective purchaser upon
				request.
(C) In the case of
				policies whose Equivalent Level Death Benefit does not exceed $5,000, the
				requirement for providing a Policy Summary will be satisfied by delivery of a
				written statement containing the information described in Sec.
				38a-819-35(G),
				items 2, 3, 4, 5a, 5b, 5c, 6, 7, 10 and 11.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Solicitation › Section 38a-819-37 - General rules

Current through July 10, 2024
(A) Each insurer
				shall maintain at its home office or principal office, a complete file
				containing one copy of each document authorized by the insurer for use pursuant
				to this regulation. Such file shall contain one copy of each authorized form
				for a period of three years following the date of its last authorized
				use.
(B) An agent shall inform the
				prospective purchaser, prior to commencing a life insurance sales presentation,
				that he is acting as a producer and inform the prospective purchaser of the
				full name of the insurance company which he is representing to the buyer. In
				sales situations in which a producer is not involved, the insurer shall
				identify its full name.
(C) Terms
				such as financial planner, investment advisor, financial consultant, or
				financial counseling shall not be used in such a way as to imply that the
				producer is generally engaged in an advisory business in which compensation is
				unrelated to sales unless such is actually the case.
(D) Any reference to policy dividends must
				include a statement that dividends are not guaranteed.
(E) A system or presentation which does not
				recognize the time value of money through the use of appropriate interest
				adjustments shall not be used for comparing the cost of two or more life
				insurance policies. Such a system may be used for the purpose of demonstrating
				the cash-flow pattern of a policy if such presentation is accompanied by a
				statement disclosing that the presentation does not recognize that, because of
				interest, a dollar in the future has less value than a dollar today.
(F) A presentation of benefits shall not
				display guaranteed and non-guaranteed benefits as a single sum unless they are
				shown separately in close proximity thereto.
(G) A statement regarding the use of the Life
				Insurance Cost Indexes shall include an explanation to the effect that the
				indexes are useful only for the comparison of the relative costs of two or more
				similar policies.
(H) A Life
				Insurance Cost Index which reflects dividends or an Equivalent Level Annual
				Dividend shall be accompanied by a statement that it is based on the company's
				current dividend scale and is not guaranteed.
(I) For the purposes of this regulation, the
				annual premium for a basic policy or rider, for which the company reserves the
				right to change the premium, shall be the maximum annual premium.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Solicitation › Section 38a-819-38 - Failure to comply

Current through July 10, 2024
Failure of an insurer to provide or deliver a Buyer's Guide,
				  or a Policy Summary as provided in Sec. 38-64-36 shall constitute an omission
				  which misrepresents the benefits, advantages, conditions, or terms of an
				  insurance policy.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Complaint Records of Insurance Companies › Section 38a-819-51 - Content of complaint record

Current through July 10, 2024
Section
				  38a-819-55 of
				  these regulations sets forth the minimum information required to be obtained in
				  a person's complaint record in order for it to comply with Section
				  38a-816(7)
				  of the Connecticut General Statutes. Refinements and additions to the
				  information specified therein may be maintained in such complaint record.
				  Section
				  38a-819-56
				  of these regulations contains the explanation of the various headings, codes
				  and other notations contained in Section
				  38a-819-55. The
				  codes are used in order to simplify both the identification of the action
				  underlying the complaint and the keeping of the records.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Complaint Records of Insurance Companies › Section 38a-819-52 - Format of complaint record

Current through July 10, 2024
Section
				  38a-819-55 of
				  these regulations is the suggested format for the complaint record required to
				  be maintained by Section
				  38a-816(7)
				  of the Connecticut General Statutes, and this regulation. Refinements,
				  deviations from or additions to this suggested format are permitted so long as
				  the minimum information contemplated by such format can be obtained for
				  insurance department review within a reasonable time following a request
				  therefore by an authorized representative of the department.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Complaint Records of Insurance Companies › Section 38a-819-53 - Maintenance of the record

Current through July 10, 2024
The complaint record shall be kept on a calendar year basis
				  and the number of complaints by line of insurance, function, reason,
				  disposition, and state of origin shall be compiled not less frequently than
				  annually. The complaint record required by this regulation shall be maintained
				  on and after the date sixty days after the effective date of this
				  regulation.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Complaint Records of Insurance Companies › Section 38a-819-54 - Definitions

Current through July 10, 2024
As used herein:
(a)
				"person" shall have the meaning set forth in Section 38-60 of the Connecticut
				General Statutes;
(b) "compaint"
				shall mean a written communication primarily expressing a grievance;
(c) "insurance department complaint" shall
				mean a written communication regarding a complaint transmitted by the insurance
				department.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Complaint Records of Insurance Companies › Section 38a-819-56 - Explanation of Codes

Current through July 10, 2024
Col.
A.
Company Identification Number.
As noted, this refers to the
				identification number of the complaint and shall also include the license
				number of other means of identifying any licensee of the Insurance Department
				(such as agent, staff adjuster, or independent adjuster) that may have been
				involved in the complaint.
Col. B. Function Code.
Complaints are to be
				  classified by function(s) of the Company involved. Separate classifications are
				  to be maintained for underwriting, marketing and sales, claims, policyholder
				  service and miscellaneous.
Reason Code.
Complaints are also to be
				  classified by the nature of the complaint. The following is the classification
				  required for each function specified above.
1) Underwriting
a) Company underwriting
b) Individual's application underwriting
				(This refers to any complaint where misrepresentations or declarations in an
				application for insurance resulted in company action involved in the
				complaint.)
c)
				Cancellation
d)
				Rescission
e) Non-renewal
f) Premiums and rating
g) Delays
h) Refusal to insure
i) Miscellaneous (not covered by
				above)
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Illustrations › Section 38a-819-58 - Applicability and scope

Current through July 10, 2024
Sections 38a-819-58 to
				  38a-819-69,
				  inclusive, of the regulations of Connecticut State Agencies apply to all group
				  and individual life insurance policies and certificates except:
(1) Variable life insurance;
(2) Individual and group annuity
				contracts;
(3) Credit life
				insurance; or
(4) Life insurance
				policies with no illustrated death benefits on any individual exceeding
				$10,000.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Illustrations › Section 38a-819-59 - Definitions

Current through July 10, 2024
As used in sections
				  38a-819-58
				  to
				  38a-819-69,
				  inclusive, of the regulations of Connecticut State Agencies:
(1) "Actuarial Standards Board" means the
				board established by the American Academy of Actuaries to develop and
				promulgate standards of actuarial practice.
(2) "Commissioner" means the Insurance
				Commissioner.
(3) "Contract
				premium" means the gross premium that is required to be paid under a fixed
				premium policy, including the premium for a rider for which benefits are shown
				in the illustration.
(4) "Currently
				payable scale" means a scale of non-guaranteed elements in effect for a policy
				form as of the preparation date of the illustration or declared to become
				effective within the next ninety-five (95) days.
(5) "Disciplined current scale" means a scale
				of non-guaranteed elements constituting a limit on illustrations currently
				being illustrated by an insurer that is reasonably based on actual recent
				historical experience, as certified annually by an illustration actuary
				designated by the insurer. Further guidance in determining the disciplined
				current scale as contained in standards established by the Actuarial Standards
				Board may be relied upon if the standards:
(A)
				Are consistent with all provisions of sections
				38a-819-58
				to
				38a-819-69,
				inclusive, of the regulations of Connecticut State Agencies;
(B) Limit a disciplined current scale to
				reflect only actions that have already been taken or events that have already
				occurred;
(C) Do not permit a
				disciplined current scale to include any projected trends of improvements in
				experience or any assumed improvements in experience beyond the illustration
				date; and
(D) Do not permit assumed
				expenses to be less than minimum assumed expenses.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Illustrations › Section 38a-819-60 - Policies to be illustrated

Current through July 10, 2024
(a) Each insurer
				marketing policies to which sections
				38a-819-58
				to
				38a-819-69,
				inclusive, of the regulations of Connecticut State Agencies are applicable
				shall notify the commissioner whether a policy form is to be marketed with or
				without an illustration. For all policy forms being actively marketed on the
				effective date of this section, the insurer shall identify in writing those
				forms and whether or not an illustration will be used with them. For policy
				forms filed after the effective date of this section, the identification shall
				be made at the time of filing. Any previous identification may be changed by
				notice to the commissioner.
(b) If
				the insurer identifies a policy form as one to be marketed without an
				illustration, any use of an illustration for any policy using that form prior
				to the first policy anniversary is prohibited.
(c) If a policy form is identified by the
				insurer as one to be marketed with an illustration, a basic illustration
				prepared and delivered in accordance with sections
				38a-819-58
				to
				38a-819-69,
				inclusive, of the regulations of Connecticut State Agencies is required, except
				that a basic illustration need not be provided to individual members of a group
				or to individuals insured under multiple lives coverage issued to a single
				applicant unless the coverage is marketed to these individuals. The
				illustration furnished an applicant for a group life insurance policy or
				policies issued to a single applicant on multiple lives may be either an
				individual or composite illustration representative of the coverage on the
				lives of members of the group or the multiple lives covered.
(d) Potential enrollees of non-term group
				life subject to sections
				38a-819-58
				to
				38a-819-69,
				inclusive, of the regulations of Connecticut State Agencies shall be furnished
				a quotation with the enrollment materials. The quotation shall show potential
				policy values for sample ages and policy years on a guaranteed and
				non-guaranteed basis appropriate to the group and the coverage. This quotation
				shall not be considered an illustration for purposes of sections
				38a-819-58
				to
				38a-819-69,
				inclusive, of the regulations of Connecticut State Agencies but all information
				provided shall be consistent with the illustrated scale. A basic illustration
				shall be provided at delivery of the certificate to enrollees for non-term
				group life who enroll for more than the minimum premium necessary to provide
				pure death benefit protection. In addition, the insurer shall make a basic
				illustration available to any non-term group life enrollee who requests
				it.
Connecticut Administrative Code › Title 38a - Insurance Department › 819 - Unfair Insurance Practices: Advertisements of Accident and Sickness Insurance › Life Insurance Illustrations › Section 38a-819-61 - General rules and prohibitions

Current through July 10, 2024
(a) An illustration
				used in the sale of a life insurance policy shall satisfy the applicable
				requirements of sections
				38a-819-58
				to
				38a-819-69,
				inclusive, of the regulations of Connecticut State Agencies, be clearly labeled
				"life insurance illustration" and contain the following basic information:
(1) Name of insurer;
(2) Name and business address of producer or
				insurer's authorized representative, if any;
(3) Name, age and sex of proposed insured,
				except where a composite illustration is permitted under subsection (c) of
				section
				38a-819-60
				of the regulations of Connecticut State Agencies;
(4) Underwriting or rating classification
				upon which the illustration is based;
(5) Generic name of policy, the company
				product name, if different, and form number;
(6) Initial death benefit; and
(7) Dividend option election or application
				of non-guaranteed elements, if applicable.