SECTION 4.203. Consumer Notice Content and Format Requirements

(a) The text contained in Figure: 28 TAC §4.204(b), Figure: 28 TAC §4.205(1), and Figure: 28 TAC §4.205(2) must be in at least 10-point type and presented in the same order as indicated in each figure and without any change to the specified text, including bolding effects, except as provided in subsections (b), (c), and (d) of this section.

(b) Under §4.206 of this title (relating to Filing Procedures for Substantially Similar Consumer Notices), in lieu of using the notices contained in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1), an insurer may file a notice with the department that is substantially similar to the text contained in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) for review and approval by the commissioner. The commissioner will approve the notice if, in the commissioner's opinion, the notice protects the rights and interests of applicants to at least the same extent as the notices adopted in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1). An insurer required to send the notice specified in Figure: 28 TAC §4.205(2) may not file a notice that is substantially similar to that figure for review and approval by the commissioner.

(c) Commissioner approval of a notice is not required if a notice promulgated or approved under this subchapter is used and amendments to that notice are limited to the omission of references not applicable to the product being sold or replaced. For purposes of this subchapter, a reference in any notice required under this subchapter to a product that is being sold or replaced is applicable if the reference could be applicable under any possible circumstances and therefore may not be omitted from the required notice.

(d) An insurer may add a company name and identifying form number to notices specified under this subchapter without obtaining commissioner approval.

(e) The promulgated forms specified in this subchapter are available upon request from the Life and Health Division, Life and Health Lines, MC: LH-LHL, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030, or by accessing the department website at www.tdi.texas.gov/forms.

Source Note: The provisions of this §4.203 adopted to be effective December 27, 2007, 32 TexReg 9690; amended to be effective May 11, 2022, 47 TexReg 2758; transferred effective September 1, 2023, as published in the July 28, 2023, issue of the Texas Register, 48 TexReg 4127; amended to be effective January 24, 2024, 49 TexReg 250