31.15.03.05

.05 Duties of Carriers.

A. Except as provided in §B of this regulation, the carrier shall provide a buyer's guide to all prospective purchasers before accepting the applicant's initial premium or premium deposit.

B. If the policy for which application is made contains an unconditional refund provision of at least 10 days, the carrier shall provide the buyer's guide with the policy or before delivery of the policy.

C. Policy Forms Not Marketed with an Illustration.

(1) When a carrier issues a form not marketed with an illustration, the carrier shall comply with the requirements in §C(2) of this regulation.

(2) Requirements for Forms Not Marketed with an Illustration.

(a) The carrier shall provide a policy summary, showing guarantees only, to prospective purchasers.

(b) The policy summary shall 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.

(c) Any amounts that remain level for 2 or more years of the policy may be represented by a single number if it is clearly indicated what amounts are applicable for each policy year.

(d) The amounts listed in Regulation .04A(5) of this chapter shall be listed in total, not on a per thousand or per unit basis.

(e) If more than one insured is covered under one policy or rider, death benefits shall be displayed separately:

(i) For each insured; or

(ii) For each class of insureds if death benefits do not differ within the class.

(f) Zero amounts shall be displayed numerically or as a blank space.

(g) Delivery of the policy summary shall be consistent with the time for delivery of the buyer's guide as specified in §§A and B of this regulation.

D. Requirements Applicable to Existing Policies.

(1) Upon request by the policyowner, the carrier shall furnish either policy data or an in-force illustration as follows:

(a) For policies issued prior to the effective date of COMAR 31.09.09, the carrier shall furnish, at the carrier's option, policy data, or an in-force illustration which meets the requirements of COMAR 31.09.09;

(b) For policies issued after the effective date of COMAR 31.09.09, which were declared not to be used with an illustration, the carrier shall furnish policy data limited to guaranteed values if the carrier has chosen not to furnish an in-force illustration meeting the requirements of COMAR 31.09.09;

(c) If the policy was issued after the effective date of COMAR 31.09.09 and declared to be used with an illustration, an in-force illustration shall be provided;

(d) The policy data shall be provided for 20 consecutive years beginning with the previous policy anniversary, unless otherwise requested;

(e) The statement of the policy data shall include:

(i) Nonguaranteed elements according to the current scale;

(ii) The amount of outstanding policy loans; and

(iii) The current policy loan interest rate; and

(f) Policy values shown on the statement of the policy data shall be based on the current application of nonguaranteed elements in effect at the time of the request.

(2) The carrier may charge a reasonable fee, not to exceed $50, for preparation of the statement.

(3) When a carrier changes its method of determining scales of nonguaranteed elements on existing policies, it shall, not later than when first payment is made on the new basis, advise each affected policy owner residing in Maryland of this change and of its implication for affected policies.

(4) The requirement in §D(3) of this regulation does not apply to policies for which the amount payable upon death under the basic policy as of the date when advice would otherwise be required does not exceed $5,000.

(5) If the carrier makes a material revision in the terms and conditions under which it will limit its right to change any nonguaranteed factor, it shall, not later than the first policy anniversary following the material revision, advise each affected policy owner residing in Maryland.