(a) Sections 2695.25, 2695.26 and 2695.27 of this article shall not apply to solicitations or sales involving: (2) Group life insurance (or group annuities) where there is no in-person, face-to-face solicitation of individuals by an insurance producer and the contract or certificate does not include a side fund;(3) An application to the existing insurer that issued the existing policy or contract when a contractual change or a conversion privilege is being exercised; or, when the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the commissioner; or, when a term conversion privilege is exercised among corporate affiliates;(4) Individual stand-alone health policies, including disability income policies;(5) Contracts offered by Servicemembers' Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as authorized by 38 U.S.C. Section 1965 et seq.;(6) Life insurance contracts offered through or by a nonprofit military association, qualifying under Section 501(c)(23) of the Internal Revenue Code (IRC), and which are not underwritten by an insurer; or(7) Contracts used to fund: (A) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);(B) A plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as amended, if established or maintained by an employer;(C) A government or church plan defined in Section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRC;(D) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;(E) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or(F) Prearranged funeral contracts.(b) Nothing herein shall be construed to abrogate the ability of nonprofit organizations (and/or other organizations) to educate members of the United States Armed Forces in accordance with Department of Defense DoD Instruction 1344.07 - PERSONAL COMMERCIAL SOLICITATION ON DOD INSTALLATIONS or any successor directive.(c) For purposes of this article, general advertisements, direct mail and internet marketing shall not constitute "solicitation." Telephone marketing shall not constitute "solicitation" provided the caller explicitly and conspicuously discloses that the product concerned is life insurance and makes no statements that avoid a clear and unequivocal statement that life insurance is the subject matter of the solicitation. Provided, however, nothing in this subdivision (c) shall be construed to exempt an insurer or insurance producer from this article in any in-person, face-to-face meeting established as a result of the "solicitation" exemptions identified in this subdivision.Cal. Code Regs. Tit. 10, § 2695.23
1. New section filed 2-22-2008; operative 2-22-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 8). Note: Authority cited: Sections 720, 790.10, 10168.92, 10206.5, 10506 and 10506.3, Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 32, 101, 330, 331, 332, 333, 334, 350, 351, 358, 359, 360, 700, 730, 733, 780, 781, 783, 783.5, 790.03, 791.02, 791.03, 1626, 10159.1, 10165, 10168, 10206.5, 10506, 10506.3, 10509.8, 10509.9 and 10540, Insurance Code; Section 823.5, Military and Veterans Code.
1. New section filed 2-22-2008; operative 2-22-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 8).