Sec. 53-3.6. Annual report; notice to policy owners

(a) In the case of a policy designated as one for which illustrations will be used, the insurer shall provide each policyowner with an annual report on the status of the policy that shall contain at least the following information:

(1) For policies subject to section 4232(b) of the Insurance Law, the report shall include the following:

(i) the beginning and end date of the current report period;

(ii) the policy value at the end of the previous report period and at the end of the current report period;

(iii) the total amounts that have been credited or debited to the policy value during the current report period, identifying each by type (e.g., interest, mortality, expense and riders);

(iv) the current death benefit at the end of the current report period on each life covered by the policy;

(v) the net cash surrender value of the policy as of the end of the current report period;

(vi) the amount of outstanding loans, if any, as of the end of the current report period; and

(vii) a notice in the report for fixed premium policies, when applicable, that the policy's net cash surrender value is such that it would not maintain insurance in force until the end of the next reporting period assuming guaranteed issue, mortality, and expense loads; or

(viii) a notice, in the report for flexible premium policies, when applicable, that the policy's net cash surrender value will not maintain insurance in force until the end of the next reporting period unless further premium payments are made assuming guaranteed interest, mortality and expense loads.

(2) For all other policies, where applicable:

(i) current death benefit;

(ii) annual contract premium;

(iii) current cash surrender value;

(iv) current dividend;

(v) application of current dividend; and

(vi) amount of outstanding loan.

(3) Insurers writing life insurance policies that do not build nonforfeiture values shall only be required to provide an annual report with respect to these policies for those years when a change has been made to non-guaranteed policy elements by the insurer.

(b) If the annual report does not include an in force illustration, it shall contain the following notice displayed prominently: “IMPORTANT POLICY OWNER NOTICE: You should consider requesting more detailed information about your policy to understand how it may perform in the future. You should not consider replacement of your policy or make changes in your coverage without requesting a current illustration. You may annually request, without charge, such an illustration by calling, writing to or contacting your agent or broker. If you do not receive a current illustration of your policy within 30 days from the date of your request, you should contact your state insurance department.” The insurer may vary the sequential order of the methods for obtaining an in force illustration.

(c) Upon the request of the policyowner, the insurer shall furnish an in force illustration of current and future benefits and values based on the insurer's present illustrated scale. This illustration shall comply with the requirements of sections 53-3.2(a), 53-3.3(a) and (e) of this Subpart. No signature or other acknowledgment of receipt of this illustration shall be required.

(d) If an adverse change in non-guaranteed elements that could affect the policy has been made by the insurer since the last annual report, the annual report shall contain a notice of that fact and the nature of the change prominently displayed.

(e) Every insurer shall provide, to any insured who so requests, a policy summary for each in force premium paying policy for which no policy summary has ever been furnished but excluding policies for which an illustration has been provided in lieu of a policy summary pursuant to section 53-3.5(d) of this Subpart. The insurer may charge the insured a reasonable fee for preparation of this summary, not to exceed $5. The superintendent, in his discretion, may permit the insurer to charge a higher amount if the insurer can demonstrate in a manner satisfactory to the superintendent that the actual cost of preparing such policy summary exceeds $5.