1. A. In the case of an application that is initiated as a result of a direct response solicitation, the insurer shall require, with or as part of each completed application for a policy or contract, a statement asking whether the applicant, by applying for the proposed policy or contract, intends to replace, discontinue or change an existing policy or contract. If the applicant indicates a replacement or change is not intended or if the applicant fails to respond to the statement, the insurer shall send the applicant, with the policy or contract, a notice regarding replacement in 13.9.6.15 NMAC, or other substantially similar form approved by the superintendent.

2. B. If the insurer has proposed the replacement or if the applicant indicates a replacement is intended and the insurer continues with the replacement, the insurer shall:

   (1) provide to applicants or prospective applicants with the policy or contract a notice, as described in 13.9.6.16 NMAC, or other substantially similar form approved by the superintendent. In these instances the insurer may delete the references to the producer, including the producer’s signature, and references not applicable to the product being sold or replaced, without having to obtain approval of the form from the superintendent. The insurer’s obligation to obtain the applicant’s signature shall be satisfied if it can demonstrate that it has made a diligent effort to secure a signed copy of the notice referred to in this paragraph. The requirement to make a diligent effort shall be deemed satisfied if the insurer includes in the mailing a self-addressed postage prepaid envelope with instructions for the return of the signed notice referred to in this section; and

   (2) comply with the requirements of Paragraph (2) of Subsection A of 13.9.6.10 NMAC, if the applicant furnishes the names of the existing insurers, and the requirements of Paragraphs (3) and (4) of Subsection A and Subsection B of 13.9.6.10 NMAC.

[13.9.6.12 NMAC - Rp 13 NMAC 9.6.11, 1-1-04]