SECTION 4.205. Direct Response Consumer Notices

In the case of a life insurance or annuity application initiated as a result of a direct response solicitation, the insurer must inquire whether the applicant, by applying for the proposed policy or contract, intends to replace, discontinue, or change an existing life insurance policy or annuity contract. The inquiry may be included with, or submitted as a part of, each completed application for such policy or contract.

(1) If the insurer has proposed the replacement or if the applicant indicates a replacement is intended and the insurer continues with the replacement, the insurer must send a notice that contains the text in Figure: 28 TAC §4.205(1), or a substantially similar notice filed with the department and approved under this subchapter.

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(2) If the applicant indicates a replacement or change is not intended or if the applicant fails to respond to the statement, the insurer must send the applicant, with the policy or contract, a new policy or contract notice that contains the statements in Figure: 28 TAC §4.205(2).

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Source Note: The provisions of this §4.205 adopted to be effective December 27, 2007, 32 TexReg 9690; 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