N.M. Admin. Code § 13.9.7.13

Current through Register Vol. 35, No. 24, December 23, 2024

Section 13.9.7.13 - MANDATORY POLICY PROVISIONS

A. The policy shall provide that the policyowner will be sent, without charge, at least annually, a report which will serve to keep such policyowner advised as to the status of the policy. The end of the current report period must be not more than three months previous to the date of the mailing of the report. Specific requirements of this report are detailed in 13 nmac 9.7.15 [now 13.9.7.15 NMAC].

B. The policy shall provide for an illustrative report which will be sent to the policyowner upon request. Minimum requirements of such report are the same as those set forth in 13 nmac 9.7.14 [now 13.9.7.14 NMAC]. The insurer may charge the policyowner a reasonable fee for providing the report.

C. The policy shall provide guarantees of minimum interest credits and maximum mortality and expense charges. All values and data shown in the policy shall be based on guarantees. No figures based on nonguarantees shall be included in the policy.

D. The policy shall contain at least a general description of the calculation of cash surrender values including the following information:

(1) the guaranteed maximum expense charges and loads;

(2) any limitation on the crediting of additional interest; interest credits shall not remain conditional for a period longer than twelve months;

(3) the guaranteed minimum rate or rates of interest;

(4) the guaranteed maximum mortality charges;

(5) any other guaranteed charges;

(6) any surrender or partial withdrawal charges.

E. If the policyowner has the right to change the basic coverage, any limitation on the amount of timing of such change shall be stated in the policy. If the policyowner has the right to increase the basic coverage, the policy shall state whether a new period of contestability and/or suicide is applicable to the additional coverage.

F. The policy shall provide for written notice to be sent to the policyowner's last known address at least thirty days prior to termination of coverage. A flexible premium policy shall provide for a grace period of at least thirty days after lapse. Unless otherwise defined in the policy, lapse shall occur on that date on which the net cash surrender value first equals zero.

G. If there is a misstatement of age or sex in the policy, the amount of the death benefit shall be that which would be purchased by the most recent mortality charge at the correct age or sex. The superintendent of insurance may approve other methods which are deemed satisfactory.

H. If a policy provides for a "maturity date," "end date," or similar date, then the policy shall also contain a statement, in close proximity to that date, that it is possible that coverage may not continue to the maturity date even if scheduled premiums are paid in a timely manner, if such is the case.

N.M. Admin. Code § 13.9.7.13

12-1-85; Recompiled 11/30/01