SECTION 4.206. Filing Procedures for Substantially Similar Consumer Notices

(a) An insurer may not use, issue, or deliver a notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) until it has been approved.

(1) An insurer subject to Insurance Code Chapter 1114, concerning Replacement of Certain Life Insurance Policies and Annuities, using agents must either use the text of the notice contained in Figure: 28 TAC §4.204(b), which is not subject to filing and approval, or a consumer notice substantially similar to the text contained in Figure: 28 TAC §4.204(b), which has been filed under this section and approved.

(2) In the case of an applicant responding to a direct response solicitation, an insurer subject to Insurance Code Chapter 1114 must either use the text contained in Figure: 28 TAC §4.205(1), which is not subject to filing and approval, or a consumer notice substantially similar to the text contained in Figure: 28 TAC §4.205(1), which has been filed under this section and approved.

(b) A filing of a consumer notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) must be filed in accordance with the submission requirements of Chapter 3, Subchapter A of this title (relating to Submission Requirements for Filings and Departmental Actions Related to Such Filings).

(c) Insurers subject to Chapter 1114 who elect not to use a consumer notice specified in this subchapter must file a notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) no later than 60 days before use. A consumer notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) is subject to Insurance Code §1701.054, concerning Approval of Form. Insurers that have filed and received approval of a consumer notice may continue to use the approved consumer notice unless and until such time as the commissioner withdraws approval of the notice.

Source Note: The provisions of this §4.206 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