The following standards shall apply to all application forms used in connection with the offer and acceptance of insurance, whether or not attached to the contract:
- (a) The declarative portion of the application, if any, shall imply a representation of facts to the best of the applicant's knowledge. "I represent," or "To the best of my knowledge and belief," shall be examples of such wording. Wording implying a warranty shall be prohibited. "I Certify" shall be such an example;
- (b) There shall be no provisions for automatic rejection;
- (c) Medical questions of a technical nature beyond the capability of the average applicant, such as a detailed gastrointestinal questionnaire, shall be prohibited;
- (d) No provision shall be permitted in an application that changes the terms of the policy to which it is attached;
- (e) Questions as to race or ethnicity shall be prohibited;
- (f) All applications shall contain a question inquiring whether the policy sought is intended to replace an existing policy;
(g) The requirement in (f) above shall not apply to applications for:
- (1) Group insurance;
- (2) Group annuity policies;
- (3) Individual accident only policies; or
- (4) Policies solicited by direct-response means.
(h) No application or any detachable part thereof that contains an advertisement that is directed toward effecting a policy sale without opportunity for additional explanation of the coverage advertised shall:
- (1) Offer any reduced initial premium without stating all subsequent premium changes applicable to the insured;
- (2) State or imply falsely that prospective policyholders become group or quasi-group members and as such enjoy special rates or underwriting privileges; or
(3) State or imply falsely that a particular policy or combination of policies is an:
- a. Introductory;
- b. Initial;
- c. Special; or
- d. Limited enrollment offer and that the applicant will receive advantages by accepting the offer; and
- (i) To the extent that any provision within (h) above conflicts with Ins 2600, Ins 2600 shall apply.
Source. #8726, eff 9-18-06, EXPIRED: 9-18-14 New. #12126, eff 3-18-17 (from Ins 401.11)