N.Y. Comp. Codes R. & Regs. tit. 11 § 223.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 223.4 - Exemptions

(a) This Part shall not apply to solicitations or sales involving:

(1) credit insurance, including credit insurance as defined in section 1113(a)(17) of the Insurance Law; credit life insurance or credit accident and health insurance as defined in Part 185 (Regulation 27A) of this Title; or credit unemployment insurance as defined in Part 187 (Regulation 27C) of this Title;

(2) group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the policy, contract or certificate does not include a side fund;

(3) an application to an insurer that issued an existing policy or contract when:

(i) a contractual change or a conversion privilege is being exercised;

(ii) an existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the superintendent; or

(iii) a term conversion privilege is exercised among corporate affiliates;

(4) an individual stand-alone health insurance policy, including a disability income policy;

(5) an insurance policy offered by SGLI or VGLI, as authorized by 38 U.S.C. Section 1965 et seq.;

(6) an insurance policy offered through or by a non-profit military association, qualifying under the Internal Revenue Code (IRC) pursuant to 26 U.S.C. section 501(c)(23), and that are not underwritten by an insurer; or

(7) a policy or contract used to fund:

(i) an employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);

(ii) a plan described by 26 U.S.C. section 401(a), 401(k), 403(b), 408(k) or 408(p), as amended, if established or maintained by an employer;

(iii) a government or church plan defined in 26 U.S.C. section 414, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under 26 U.S.C. section 457;

(iv) a nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor; or

(v) settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process.

(b) Nothing herein shall be construed to abrogate the ability of non-profit organizations or other organizations to educate members of the United States Armed Forces in accordance with Department of Defense Instruction (DoDI) 1344.07 - PERSONAL COMMERCIAL SOLICITATION ON DOD INSTALLATIONS or a successor directive.

(c) For purposes of this Part, 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 subsection shall be construed to exempt an insurer or insurance producer from this regulation in any in-person, face-to-face meeting established as a result of the "solicitation" exemptions identified in this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 223.4