The replacement of an existing insurance policy requires notice that the owner

A. A replacing insurer shall comply with the requirements of this section for each replacement transaction.

B. The insurer shall verify that it has received all required forms and that the forms comply with this article.

C. The insurer shall notify any existing insurer that may be affected by the proposed replacement within five business days after the receipt of a completed application indicating replacement or, if not indicated on the application, when the replacement is identified, and send a copy of the available illustration or policy summary for the proposed policy or available disclosure document for the proposed contract within five business days after a request from an existing insurer.

D. The insurer shall be able to produce copies of the notification regarding replacement required in section 20-1241.03, subsections C and D, indexed by the insurance producer, for at least five years or until the next regular examination by the insurance regulatory authority of its state of domicile, whichever is later.

E. The insurer shall provide the policy or contract owner notice of the right to return the policy or contract within thirty days of delivery and receive an unconditional full refund of all premiums or consideration paid, including any policy fees or charges or, in the case of a variable or market value adjustment policy or contract, a payment of the cash surrender value provided under the policy or contract plus all fees and other charges deducted from the gross premiums or considerations or imposed under the policy or contract.  The notice may be included in the notice required under section 20-1241.03, subsections C and D.

F. If the replacing insurer and the existing insurer are the same or subsidiaries or affiliates under common ownership or control, the replacing insurer shall allow credit for the period of time that has elapsed under the replacement policy's or contract's incontestability and suicide period up to the face amount of the existing policy or contract.  For financed purchases, the insurer may limit the credit to the amount that the face amount of the existing policy is reduced by the use of existing policy values to fund the new policy or contract.

G. If an insurer prohibits the use of sales materials the insurer has not approved, the insurer, as an alternative to the requirements of section 20-1241.03, subsection G, may comply as follows:

1. The insurer shall require an insurance producer to submit a signed statement with each application stating that the insurance producer used only sales material that the insurer approved and that the insurance producer will provide copies to the applicant as required by section 20-1241.03, subsection F.

2. Within ten days after the issuance of the policy or contract, the insurer shall:

(a) Notify the applicant by letter or by verbal communication from a person whose duties are separate from the marketing area of the insurer that the insurance producer made the representation about leaving sales materials as described in paragraph 1 of this subsection.

(b) Provide the applicant with a toll-free number to contact insurer personnel responsible for regulatory compliance if the insurance producer did not leave sales materials.

(c) Advise the applicant that it is important to retain copies of the sales material for future reference.

3. The insurer shall be able to produce a copy of the letter or other verification required by paragraph 2, subdivision (a) of this subsection for at least five years after the termination or expiration of the policy or contract.

Florida's Replacement Rule sets forth the requirements and procedures to be followed by insurance companies and insurance producers when a proposal is being made to a client who plans to replace existing life insurance contract(s) with the proposed new life insurance policy.

Replacing an existing policy with another should be done for only one reason: The producer genuinely believes that canceling the policy (or reducing its values) to replace it with another policy is beneficial to the client and in the client's best interest. To replace a policy to reap the reward of a higher first-year commission is totally unethical.

It is seldom in the best interest of a policyholder to replace a life insurance policy with a new one due to the following issues.

  • Most of the first year's premium is consumed by the commission.
  • The premium is higher due to the insured's advanced age.
  • Waiting periods begin anew.

Policy replacement is "...an action which eliminates the original policy or diminishes its benefits or values."

Examples of this are policy loans, taking reduced paid-up insurance, or withdrawing dividends. The replacement of existing life insurance policies with new contracts of life insurance requires a written comparison and summary statement at the request of the policyholder.

An agent must submit to the insurer with or as a part of each application:

  1. A statement signed by the applicant as to whether or not such insurance will replace existing coverage.
  2. A signed statement as to whether or not the agent knows replacement is or may be involved in the transaction.

Where replacement is or may be involved, the agent must:

  • Present to the applicant, not later than at the time of taking the application, a "Notice to Applicant Regarding Replacement of Life Insurance". The Notice must be signed by the applicant and agent and left with the applicant.
  • Leave with the applicant the original or a copy of all Sales Proposals used for presentation to the applicant.
  • Submit to the replacing insurer with the application, a completed copy of the "Notice to Applicant Regarding Replacement of Life Insurance.

Surrender recommendations

Insurance agents, insurers, or persons performing insurance agent activities under an exemption from licensure who recommend the surrender of an annuity or life insurance policy containing a cash value and do not recommend that the proceeds from the surrender be used to fund or purchase another annuity or life insurance policy, before execution of the surrender must provide, on a form that satisfies DFS requirements, information relating to the annuity or policy to be surrendered. Such information must include, but is not limited to, the amount of any surrender charge, the loss of any minimum interest rate guarantees, the amount of any tax consequences resulting from the transaction, the amount of any forfeited death benefit, and the value of any other investment performance guarantees being forfeited as a result of the transaction. [Sec. 627.4553]

How must a replacing producer respond to an applicant wishing to replace existing life insurance quizlet?

How must a replacing producer respond to an applicant wishing to replace existing life insurance? The producer must provide the applicant with a Notice Regarding Replacement.

What is the replacement regulation?

(1) To regulate the activities of insurers and producers with respect to the replacement of existing life insurance and annuities. (2) To protect the interests of life insurance and annuity purchasers by establishing minimum standards of conduct to be observed in replacement or financed purchase transactions.

What is the Florida replacement rule?

1. The insurer must offer coverage under which the insurer is obligated to pay the replacement cost without reservation or holdback for any depreciation in value, whether or not the insured replaces the property.

Is it advisable to replace the policy with another policy?

Replacing an existing policy with another should be done for only one reason: The producer genuinely believes that canceling the policy (or reducing its values) to replace it with another policy is beneficial to the client and in the client's best interest.