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054.00.17-7. General Rules

AR ADC 054.00.17-7Arkansas Administrative Code

West's Arkansas Administrative Code
Title 054. Insurance Department
Division 00.
Rule 17. Life Insurance Disclosure.
Ark. Admin. Code 054.00.17-7
054.00.17-7. General Rules
A. Each insurer shall maintain, at its home office or principal office, a complete file containing one copy of each document authorized and used by the insurer pursuant to this rule for a period of five (5) years following the date of its last authorized use unless otherwise provided by this rule.
B. An insurance producer shall inform the prospective purchaser, prior to commencing a life insurance sales presentation, that he or she is acting as a life insurance producer and inform the prospective purchaser of the full name of the insurance company which the insurance producer is representing to the buyer. In sales situations in which an insurance producer is not involved, the insurer shall identify its full name.
C. An insurance producer shall not use terms such as “financial planner,” “investment advisor,” “financial consultant,” or “financial counseling” in such a way as to imply that he or she is primarily engaged in an advisory business in which compensation is unrelated to sales unless that is actually the case. This provision is not intended to preclude persons who hold some form of formal, recognized financial planning or consultant designation from using this designation even when they are only selling insurance. This provision also is not intended to preclude persons who are members of a recognized trade or professional association having such terms as part of its name from citing membership, providing that a person citing membership, if authorized only to sell insurance products, shall disclose that fact. This provision does not permit persons to charge an additional fee for services that are customarily associated with the solicitation, negotiation or servicing of policies.
D. Any reference to a nonguaranteed element or value shall include a statement that the item is not guaranteed and is based on the company's current scale of nonguaranteed elements (use appropriate special term such as “current dividend” or “current rate” scale). Any such reference must also give equal prominence to the corresponding guaranteed value. If a nonguaranteed element would be reduced by the existence of a policy loan, a statement to that effect shall be included in any reference to nonguaranteed elements.
E. An insurer or insurance producer shall not use terms such as savings, deposits, investments, etc., in such a way as to mislead the prospective purchaser to believe that the primary purpose of the life insurance solicitation is of an investment nature.
F. An insurer or insurance producer shall not use comparisons or analogies or the manipulation of amounts and numbers in such a way as to mislead the prospective purchaser concerning the cost of insurance protection to be provided by the insurance contract or any other significant aspect of the contract.
G. An insurer or insurance producer shall not use any system or presentation for comparing cost of life insurance that does not recognize the time value of money.
H. An insurer or insurance producer shall not describe the policy dividend as other than a refund or return of part of the premium paid, which is not guaranteed and which is subject to periodic change.
I. An insurer or insurance producer shall not make unfair or misleading comparisons of dissimilar policies or riders. An advertisement shall not directly or indirectly make unfair or incomplete comparisons of policies or benefits or otherwise falsely disparage competitors, their policies, services, or business methods.
J. The reference to an insurance premium as a deposit, an investment, a savings, or the use of other phrases of similar meaning, when referring to an insurance premium is prohibited.
K. An insurer or insurance producer may not indicate that cash or loan values are death benefits nor that said values are available in addition to the face amount of insurance payable, upon death of the insured.

Credits

Amended July 15, 2009.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.17-7, AR ADC 054.00.17-7
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