W. Va. Code R. § 114-11D-7

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-11D-7 - Information Furnished to Applicants

7.1. An insurer delivering or issuing for delivery in this state a variable life insurance policy shall deliver the following to the applicant for the policy, and obtain a written acknowledgment of receipt from the applicant coincident with or prior to the execution of the application. The requirements of this section shall be deemed to have been satisfied to the extent that a disclosure containing information required by this section is delivered, either in the form of a prospectus included in the requirements of the Securities Act of 1933 and which was declared effective by the Securities and Exchange Commission; or all information and reports required by the Employee Retirement Income Security Act of 1974 if the policies are exempted from the registration requirements of the Securities Act of 1933 pursuant to Section 3(a)(2) thereof.

7.1.a. A summary explanation, in non-technical terms, of the principal features of the policy, including a description of the manner in which the variable benefits will reflect the investment experience of the separate account and the factors that affect the variation. The explanation shall include notices of the provision required by paragraph 5, subdivision a, subsection 4.4 and subdivision f, subsection 4.4 of this rule;

7.1.b. A statement of the investment policy of the separate account, including:

7.1.b.1. A description of the investment objectives intended for the separate account and the principal types of investments intended to be made; and

7.1.b.2. Any restrictions or limitations on the manner in which the operations of the separate account are intended to be conducted;

7.1.c. A statement of the net investment return of the separate account for each of the last ten (10) years or such lesser period as the separate account has been in existence;

7.1.d. A statement of the charges levied against the separate account during the previous year;

7.1.e. A summary of the method to be used in valuing assets held by the separate account;

7.1.f. A summary of the federal income tax aspects of the policy applicable to the insured, the policyholder and the beneficiary; and

7.1.g. Illustrations of benefits payable under the variable life insurance contract. The illustrations shall be prepared by the insurer and may not include projections of past investment experience into the future or attempted predictions of future investments experience, provided that nothing contained herein prohibits use of hypothetical assumed rates of return to illustrate possible levels of benefits if it is made clear that the assumed rates are hypothetical only.

W. Va. Code R. § 114-11D-7