No. 34477 (5-year Review): Rule R590-177. Life Insurance Illustrations Rule

DAR File No.: 34477
Filed: 03/01/2011 10:49:24 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 31A-2-201(3)(a) authorizes the commissioner to implement the provisions of Title 31A according to rulemaking requirements. Subsection 31A-22-425(1)(c) authorizes the department to make rules to establish standards in connections with life insurance policy and contract illustrations. Subsection 31A-23a-402(8) states that a person may not engage in unfair methods of competition or deception in the practice of insurance. The rule describes filing requirements for life illustrations, standards for the format, use, delivery and retention of life illustrations used in the sale of life policies. Insurers are required to appoint an actuary to certify their illustrations meets certain standards and requirements.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In the past five years, the department has made a nonsubstantive change and amended this rule. At no time while these changes were being made or during the past five years has the department received any written comments regarding the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides consumer protection by stating the requirements and restrictions on the values that can be shown in the projections contained in the illustrations. Unregulated illustrations have been found to provide values that are unrealistic and could entice a consumer into purchasing a product that will never perform as the company has illustrated. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Insurance
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [e-mail]

Authorized by:

Jilene Whitby, Information Specialist

Effective:

03/01/2011

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