NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 447
SENATE BILL 428
AN ACT RELATING TO THE SOLICITATION OF LIFE INSURANCE AND REQUIRING THE DISCLOSURE OF COST AND OTHER PERTINENT INFORMATION TO PURCHASERS.
The General Assembly of North Carolina enacts:
Section 1. Chapter 58 of the General Statutes of North Carolina is amended by adding immediately after the present Article 22, and immediately before the present Article 23, a new Article reading as follows:
"ARTICLE 22A.
"Regulation of Life Insurance Solicitation.
"§ 58-213.1. Purpose of Article. — The purpose of this Article 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 their needs, improve the buyer's understanding of the basic features of the policy which has been purchased or which is under consideration and to improve the ability of the buyer to evaluate the relative costs of similar plans of life insurance.
This Article does not prohibit an insurer to use additional material which is not in violation of this Chapter nor any other statute or regulation.
"§ 58-213.2. Scope of Article; exemptions. — (a) Except as hereafter exempted, this Article shall apply to any solicitation, negotiation or procurement of life insurance occurring within this State. This Article shall apply to any issuer of life insurance contract including fraternal benefit societies.
(b) Unless otherwise specifically included, this Article 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.
"§ 58-213.3. Definitions. — Unless the context of use indicates a different meaning, for the purposes of this Article, the following definitions shall apply:
(a) Buyer's Guide. A Buyer's Guide is a document furnished pursuant to G.S. 58‑213.4, which shall contain all the requirements of and be in substantial compliance with G.S. 58-213.6.
(b) Cash Dividend. A Cash Dividend is the current illustrated dividend which can be applied toward payment of 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 (5%) interest compounded annually to the end of the 10th and 20th policy years;
(2) divide each accumulation of subdivision (1) of this subsection 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 subdivision (1) of this subsection over the respective periods stipulated in subdivision (1) of this subsection. If the period is 10 years, the factor is 13.207 and if the period is 20 years, the factor is 34.719.
(3) divide the results of subdivision (2) of this subsection by the number of thousands of the Equivalent Level Death Benefit to arrive at the Equivalent Level Annual Dividend.
(d) Equivalent Level Death Benefit. The Equivalent Level Death Benefit of a policy or term life insurance rider is an amount calculated as follows:
(1) accumulate the guaranteed amount payable upon death, regardless of the cause of death, at the beginning of each policy year for 10 and 20 years at five percent (5%) interest compounded annually to the end of the 10th and 20th policy years respectively;
(2) divide each accumulation of subdivision (1) of this subsection 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 value in subdivision (1) of this subsection over the respective periods stipulated in subdivision (1) of this subsection. If the period is 10 years, the factor is 13.207 and if the period is 20 years, the factor is 34.719.
(e) Generic Name. Generic Name means a short title which is descriptive of the premium and benefit patterns of a policy or a rider.
(f) Life Insurance Cost Indexes.
(1) Life Insurance Surrender Cost Index. The Life Insurance Surrender Cost Index is calculated by applying the following steps:
a. determine the guaranteed cash surrender value, if any, available at the end of the 10th and 20th policy years;
b. for participating policies, add the terminal dividend payable upon surrender, if any, to the accumulation of the annual Cash Dividends at five percent (5%) interest compounded annually to the end of the period selected and add this sum to the amount determined in sub‑subdivision a;
c. divide the result of sub-subdivision b. (sub-subdivision a. for guaranteed-cost policies) by an interest factor that converts it into an equivalent level annual that, if paid at the beginning of each year, would accrue to the value in sub-subdivision b. (sub-subdivision a. for guaranteed-cost policies) over the respective periods stipulated in sub-subdivision a. If the period is 10 years, the factor is 13.207 and if the period is 20 years, the factor is 34.719;
d. determine the equivalent level premium by accumulating each annual premium payable for the basic policy or rider at five percent (5%) interest compounded annually to the end of the period stipulated in sub-subdivision a. and dividing the result by the respective factors stated in sub-subdivision c. (this amount is the annual premium payable for a level premium plan);
e. subtract the result of sub-subdivision c. from sub-subdivision d;
f. divide the result of sub-subdivision e. by the number of thousands of the Equivalent Level Death Benefit to arrive at the Life Insurance Surrender Cost Index.
(2) Life Insurance Net Payment Cost Index. The Life Insurance Net Payment Cost Index is calculated in the same manner as the comparable Life Insurance Cost Index except that the cash surrender value and any terminal dividend are set at zero.
(g) Policy Summary. Policy Summary means a written statement describing the elements of the policy including but not limited to:
(1) a prominently placed title in at least 10-point boldface capital letters as follows: STATEMENT OF POLICY COST AND BENEFIT INFORMATION;
(2) the name and address of the insurance agent, or, if no agent is involved, a statement of the procedure to be followed in order to receive responses to inquiries regarding the Policy Summary;
(3) the full name and home office or administrative office address of the company in which the life insurance policy is to be or has been written;
(4) the Generic Name of the basic policy and each rider;
(5) The following amounts, where applicable, for the first five policy years and representative policy years thereafter sufficient to clearly illustrate the premium and benefit patterns, including, but not necessarily limited to, the years for which Life Insurance Cost Indexes are displayed and at least one age from 60 through 65 or maturity, whichever is earlier:
a. the annual premium for the basic policy;
b. the annual premium for each optional rider;
c. guaranteed amount payable upon death, at the beginning of the policy year regardless of the cause of death other than suicide, or other specifically enumerated exclusions, which is provided by the basic policy and each optional rider, with benefits provided under the basic policy and each rider shown separately;
d. total guaranteed cash surrender values at the end of the year with values shown separately for the basic policy and each rider;
e. Cash Dividends payable at the end of the year with values shown separately for the basic policy and each rider. (Dividends need not be displayed beyond the 20th policy year);
f. guaranteed endowment amounts payable under the policy which are not included under guaranteed cash surrender values above.
(6) the effective policy loan annual percentage interest rate, if the policy contains this provision, specifying whether this rate is applied in advance or in arrears. If the policy loan interest rate is variable, the Policy Summary includes the maximum annual percentage rate;
(7) Life Insurance Cost Indexes for 10 and 20 years but in no case beyond the premium paying period. Separate indexes must be displayed for the basic policy and for each optional term life insurance rider. Such indexes need not be included for optional riders which are limited to benefits such as accidental death benefits, disability waiver of premium, preliminary term life insurance coverage of less than 12 months and guaranteed insurability benefits nor for basic policies or optional riders covering more than one life;
(8) the Equivalent Level Annual Dividend, in the case of participating policies and participating optional term life insurance riders, under the same circumstances and for the same durations at which Life Insurance Cost Indexes are displayed;
(9) a Policy Summary which includes dividends shall also include a statement that dividends are based on the company's current dividend scale and are not guaranteed in addition to a statement in close proximity to the Equivalent Level Annual Dividend as follows: An explanation of the intended use of the Equivalent Level Annual Dividend is included in the Life Insurance Buyer's Guide;
(10) a statement in close proximity to the Life Insurance Cost Indexes as follows: An explanation of the intended use of these indexes is provided in the Life Insurance Buyer's Guide;
(11) the date on which the Policy Summary is prepared.
The Policy Summary must consist of a separate document. All information required to be disclosed must be set out in such a manner as to not minimize or render any portion thereof obscure. Any amounts which remain level for two 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. Amounts in subdivision (5) of this subsection shall be listed in total, not on a per thousand nor per unit basis. If more than one insured is covered under one policy or rider, guaranteed death benefits shall be displayed separately for each insured or for each class of insureds if death benefits do not differ within the class. Zero amounts shall be displayed as zero and shall not be displayed as a blank space.
"§ 58-213.4. Disclosure requirements. — (a) The insurer shall provide to all prospective purchasers a Buyer's Guide and a Policy Summary prior to accepting any applicant's initial premium deposit, unless the policy for which application is made contains an unconditional refund provision of at least 10 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 five thousand dollars ($5,000), the requirement for providing a Policy Summary will be satisfied by delivery of a written statement containing the information described in G.S. 58-213.3(g), subdivisions (2), (3), (4), (5)a., (5)b., (5)c., (6), (7), (10), and (11).
"§ 58-213.5. General rules relating to solicitation. — (a) Each insurer subject to this Article 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 Article. 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 life insurance agent 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 an agent 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 insurance agent 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 nonguaranteed 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 insurer's current dividend scale and is not guaranteed.
(i) For the purposes of this Article, the annual premium for a basic policy or rider, for which the insurer reserves the right to change the premium, shall be the maximum annual premium.
"§ 58-213.6. Adoption of Buyer's Guide; requirements. — Any insurer soliciting life insurance in this State on or after December 1, 1979, shall adopt and use a Buyer's Guide, and the adoption and use by an insurer of the Buyer's Guide promulgated by the National Association of Insurance Commissioners in the NAIC Model Life Insurance Solicitation Regulations shall be in compliance with the requirements of this Article.
"§ 58-213.7. Failure to comply. — The failure of an insurer to provide or deliver a Buyer's Guide, or a Policy Summary as provided in G.S. 58-213.4(a) and (b) shall constitute an omission which misrepresents the benefits, advantages, conditions or terms of an insurance policy within the meaning of G.S. 58-199 and Article 3A(Unfair Trade Practice Act) of this Chapter."
Sec. 2. This act shall become effective on December 1, 1979, and shall apply to all solicitations of life insurance occurring on or after that date.
In the General Assembly read three times and ratified, this the 23rd day of April, 1979.