<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 31.09.05.05" title_num="31" subtitle_num="09" chapter_num="05" heading="Duties of Insurers that Use Insurance Producers.">
  <paragraph num="A.">
    <text>System of Supervision and Control.</text>
    <paragraph num="(1)">
      <text>An insurer shall maintain a system of supervision and control to ensure compliance with the requirements of this chapter that includes, at a minimum, procedures to:</text>
      <paragraph num="(a)">
        <text>Inform its insurance producers of the requirements of this regulation and incorporate the requirements of this regulation into all relevant insurance-producer training manuals prepared by the insurer;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide to each insurance producer a written statement of the insurer's position with respect to the acceptability of replacements that provides guidance to its insurance producer as to the appropriateness of these transactions;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Review the appropriateness of each replacement transaction that the insurance producer does not indicate is in accord with §A(1)(b) of this regulation;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Confirm that the requirements of this regulation have been met; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Detect transactions that are replacements of existing life insurance policies or existing annuity contracts by the existing insurer, but that have not been reported as replacements by the applicant or insurance producer.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Compliance with this section may include systematic customer surveys, interviews, confirmation letters, and programs of internal monitoring.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Capacity to Monitor Replacements.</text>
    <paragraph num="(1)">
      <text>An insurer shall:</text>
      <paragraph num="(a)">
        <text>Have the capacity to monitor each insurance producer's life insurance policy and annuity contract replacements for that insurer; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>On request, make all records regarding replacements available for inspection by the Commissioner.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The capacity to monitor shall include the ability to produce records for each insurance producer's:</text>
      <paragraph num="(a)">
        <text>Life insurance replacements, including financed purchases, as a percentage of the insurance producer's total annual sales for life insurance;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Number of lapses of life insurance policies as a percentage of the insurance producer's total annual sales for life insurance;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Annuity contract replacements as a percentage of the insurance producer's total annual annuity contract sales;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Number of transactions that are unreported replacements of existing life insurance policies or existing annuity contracts by the existing insurer detected by the insurer's monitoring system as required by §A(1)(e) of this regulation; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Replacements, indexed by replacing insurance producer and existing insurer.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Signed Statement and Notice. An insurer shall require with or as a part of each application for life insurance or an annuity:</text>
    <paragraph num="(1)">
      <text>A statement signed by the applicant and insurance producer indicating whether the applicant has an existing life insurance policy or existing annuity contract; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the applicant has an existing life insurance policy or existing annuity contract, a completed notice regarding replacements as contained in Regulation .10 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Production of Information. If an applicant has an existing life insurance policy or existing annuity contract, an insurer shall be able to produce copies of the following items for at least 5 years after the termination or expiration of the proposed life insurance policy or annuity contract:</text>
    <paragraph num="(1)">
      <text>The sales material required by Regulation .04F of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The basic illustration and any supplemental illustrations related to the specific life insurance policy or annuity contract that is purchased; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The insurance producer's and applicant's signed statements with respect to financing and replacement.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Sales Material and Illustrations. An insurer shall ascertain and ensure that the sales material and illustrations required by Regulation .04F of this chapter:</text>
    <paragraph num="(1)">
      <text>Meet the requirements of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Are complete and accurate for the proposed life insurance policy or annuity contract.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Application That Does Not Meet Requirements. If an application does not meet the requirements of this regulation, an insurer shall:</text>
    <paragraph num="(1)">
      <text>Notify the insurance producer and applicant; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Fulfill the outstanding requirements.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Record Keeping. An insurer shall maintain records in paper, photograph, microprocess, magnetic, mechanical, or electronic media, or by any process that accurately reproduces the actual document.</text>
  </paragraph>
</regulation>