191—16.25(507B) Duties of all insurers that use producers on or after January 1, 2001.
	16.25(1) Each insurer that uses producers shall maintain a system of supervision and control to ensure compliance with the requirements of these rules that shall include at least the following:
	a. 	Informing its producers of the requirements of these rules and incorporating the requirements of these rules into all relevant producer training manuals prepared by the insurer;
	b. 	Providing to each producer a written statement of the insurer’s position with respect to the acceptability of replacements, including providing guidance to its producer as to the appropriateness of these transactions;
	c. 	Reviewing the appropriateness of each replacement transaction that the producer does not indicate is in accord with paragraph 16.25(1)“b”;
	d. 	Confirming that the requirements of these rules have been met; and
	e. 	Detecting transactions that are replacements of existing policies or contracts by the existing insurer but that have not been reported as such by the applicant or producer. Compliance with this subrule may include, but shall not be limited to, systematic customer surveys, interviews, confirmation letters or programs of internal monitoring.
	16.25(2) Each insurer that uses producers shall have the capacity to monitor each producer’s life insurance policy and annuity contract replacements for that insurer and shall, upon request, make such records available to the insurance division. The capacity to monitor shall include the ability to produce records for each producer’s:
	a. 	Life replacements, including financed purchases, as a percentage of the producer’s total annual sales for life insurance;
	b. 	Number of lapses of policies by the producer as a percentage of the producer’s total annual sales for life insurance;
	c. 	Annuity contract replacements as a percentage of the producer’s total annual annuity contract sales;
	d. 	Number of transactions that are unreported replacements of existing policies or contracts by the existing insurer detected by the insurer’s monitoring system as required by paragraph 16.25(1)“e”; and
	e. 	Replacements, indexed by replacing producer and existing insurer.
	16.25(3) Each insurer that uses producers shall require with or as a part of each application for life insurance or for an annuity a statement signed by both the applicant and the producer as to whether the applicant has existing policies or contracts.
	16.25(4) Each insurer that uses producers shall require with each application for life insurance or for an annuity that indicates an existing policy or contract a completed notice regarding replacements as contained in Appendix A.
	16.25(5) When the applicant has existing policies or contracts, each replacing insurer that uses producers shall be able to produce completed and signed copies of the notice regarding replacements for at least five years after the termination or expiration of the proposed policy or contract.
	16.25(6) In connection with a replacement transaction, each replacing insurer that uses producers shall be able to produce copies of any sales material required by subrule 16.24(4), the basic illustration and any supplemental illustrations related to the specific policy or contract that is purchased and the producer’s and applicant’s signed statements with respect to financing and replacement for at least five years after the termination or expiration of the proposed policy or contract.
	16.25(7) Each insurer that uses producers shall ascertain that the sales material and illustrations required by subrule 16.24(4) meet the requirements of these rules and are complete and accurate for the proposed policy or contract.
	16.25(8) If an application does not meet the requirements of these rules, each insurer that uses producers shall notify the producer and applicant and fulfill the outstanding requirements.
	16.25(9) Records required to be retained by this rule may be maintained by any process that accurately reproduces the actual document.
[ARC 7735C, IAB 3/20/24, effective 4/24/24]