Effective - 28 Aug 1998
375.1512. Basic illustration, requirements, contents. — 1. A basic illustration shall conform with the following requirements:
(1) The illustration shall be labeled with the date on which it was prepared;
(2) Each page, including any explanatory notes or pages, shall be numbered and show its relationship to the total number of pages in the illustration;
(3) The assumed dates of payment receipt and benefit payout within a policy year shall be clearly identified;
(4) If the age of the proposed insured is shown as a component of the tabular detail, it shall be issue age plus the numbers of years the policy is assumed to have been in force;
(5) The assumed payments on which the illustrated benefits and values are based shall be identified as premium outlay or contract premium, as applicable. For policies that do not require a specific contact premium, the illustrated payments shall be identified as premium outlay;
(6) Guaranteed death benefits and values available upon surrender, if any, for the illustrated premium outlay or contract premium shall be shown and clearly labeled guaranteed;
(7) If the illustration shows any nonguaranteed elements, they cannot be based on a scale more favorable to the policy owner than the insurer's illustrated scale at any duration. These elements shall be clearly labeled nonguaranteed;
(8) The guaranteed elements, if any, shall be shown before corresponding nonguaranteed elements and shall be specifically referred to on any page of an illustration that shows or describes only the nonguaranteed elements;
(9) The account or accumulation value of a policy, if shown, shall be identified by the name this value is given in the policy being illustrated and shown in close proximity to the corresponding value available upon surrender;
(10) The value available upon surrender shall be identified by the name this value is given in the policy being illustrated and shall be the amount available to the policy owner in a lump sum after deduction of surrender charges, policy loans and policy loan interest as applicable;
(11) Illustrations may show policy benefits and values in graphic or chart form in addition to the tabular form;
(12) Any illustration of nonguaranteed elements shall be accompanied by a statement indicating that:
(a) The benefits and values are not guaranteed;
(b) The assumptions on which they are based subject to change by the insurer; and
(c) Actual results may be more or less favorable;
(13) If the illustration shows that the premium payer may have the option to allow policy charges to be paid using nonguaranteed values, the illustration shall clearly disclose that a charge continues to be required and that, depending on actual results, the premium payer may need to continue or resume premium outlays. Similar disclosure shall be made for premium outlay of lesser amounts or shorter durations than the contract premium. If a contract premium is due, the premium outlay display shall not be left blank or show zero unless accompanied by an asterisk or similar mark to draw attention to the fact that the policy is not paid up;
(14) If the applicant plans to use dividends or policy values, guaranteed or nonguaranteed, to pay all or a portion of the contract premium or policy charges, or for any other purpose, the illustration may reflect those plans and the impact on future policy benefits and values.
2. A basic illustration shall include the following:
(1) A brief description of the policy being illustrated, including a statement that it is a life insurance policy;
(2) A brief description of the premium outlay or contract premium, as applicable, for the policy. For a policy that does not require payment of a specific contract premium, the illustration shall show the premium outlay that shall be paid to guarantee coverage for the term of the contract, subject to maximum premiums allowable to qualify as a life insurance policy pursuant to the applicable provisions of the Internal Revenue Code;
(3) A brief description of any policy features, riders or options, guaranteed or nonguaranteed, shown in the basic illustration and the impact they may have on the benefits and values of the policy;
(4) Identification and a brief definition of column headings and key terms used in the illustration; and
(5) A statement containing in substance the following: "This illustration assumes that the currently illustrated nonguaranteed elements will continue unchanged for all years shown. This is not likely to occur, and actual results may be more or less favorable than those shown.".
3. Following the narrative summary, a basic illustration shall include a numeric summary of the death benefits and values and the premium outlay and contract premium, as applicable. For a policy that provides for a contract premium, the guaranteed death benefits and values shall be based on the contract premium. This summary shall be shown for at least policy years five, ten and twenty and at age seventy, if applicable, on the three bases shown in subdivisions (1) to (3) of this subsection. For multiple life policies the summary shall show policy years five, ten, twenty and thirty:
(1) Policy guarantees;
(2) Insurer's illustrated scale;
(3) Insurer's illustrated scale used but with the nonguaranteed elements reduced as follows:
(a) Dividends at fifty percent of the dividends contained in the illustrated scale used;
(b) Nonguaranteed credited interest at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used; and
(c) All nonguaranteed charges, including but not limited to, term insurance charges, mortality and expense charges, at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used.
In addition, if coverage would cease prior to policy maturity or age one hundred, the year in which coverage ceases shall be identified for each of the three bases.
4. Statements substantially similar to the following shall be included on the same page as the numeric summary and signed by the applicant, or the policy owner in the case of an illustration provided at time of delivery, as required in sections 375.1500 to 375.1527:
(1) A statement to be signed and dated by the applicant or policy owner reading as follows: "I have received a copy of this illustration and understand that any nonguaranteed elements illustrated are subject to change and could be either higher or lower. The agent has told me they are not guaranteed."; and
(2) A statement to be signed and dated by the insurance producer or other authorized representative of the insurer reading as follows: "I certify that this illustration has been presented to the applicant and that I have explained that any nonguaranteed elements illustrated are subject to change. I have made no statements that are inconsistent with the illustration.".
5. (1) A basic illustration shall include the following for at least each policy year from one to ten and for every fifth policy thereafter ending at age one hundred, policy maturity or final expiration; and except for term insurance beyond the twentieth year, for any year in which the premium outlay and contract premium, if applicable, is to change:
(a) The premium outlay and mode the applicant plans to pay and the contract premium, as applicable;
(b) The corresponding guaranteed death benefit, as provided in the policy; and
(c) The corresponding guaranteed value available upon surrender, as provided in the policy.
(2) For a policy that provides for a contract premium, the guaranteed death benefit and value available upon surrender shall correspond to the contract premium.
(3) Nonguaranteed elements may be shown if described in the contract. In the case of an illustration for a policy on which the insurer intends to credit terminal dividends, they may be shown if the insurer's current practice is to pay terminal dividends. If any nonguaranteed elements are shown, they shall be shown at the same durations as the corresponding guaranteed elements, if any. If no guaranteed benefit or value is available at any duration for which a nonguaranteed benefit or value is shown, a zero shall be displayed in the guaranteed column.
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(L. 1998 S.B. 722 § 10)
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 375 - Provisions Applicable to All Insurance Companies
Section 375.001 - Definitions.
Section 375.002 - Grounds for cancellation.
Section 375.003 - Notice of cancellation, how given — reinstatement, when.
Section 375.004 - Refusal to renew, when authorized — exemption, when.
Section 375.005 - Proof of notice, how made.
Section 375.006 - Immunity from liability granted, when, to whom.
Section 375.007 - Cancellation or refusal to issue policy on certain grounds prohibited, exceptions.
Section 375.008 - Certain insurers exempt.
Section 375.012 - Definitions.
Section 375.013 - Promulgation of rules, generally, this chapter.
Section 375.015 - Application for licensure, insurance producers.
Section 375.016 - Examination required for insurance producer's license.
Section 375.017 - Nonresident producer's license.
Section 375.025 - Temporary license — to whom issued.
Section 375.030 - Continuing education, programs approved for another profession.
Section 375.031 - Definitions.
Section 375.033 - Termination of contract, notice — agent not to do business.
Section 375.035 - Renewal after termination of producer's contract.
Section 375.037 - Director's investigation — appeal.
Section 375.046 - Who deemed agent of unauthorized company.
Section 375.051 - Producer held as trustee of money collected.
Section 375.052 - Additional incidental fees — disclosure to applicant or insured.
Section 375.071 - Centralized producer license registry, participation in.
Section 375.076 - No consideration for unlicensed persons.
Section 375.106 - Insurance producers, limitations on negotiated contracts.
Section 375.141 - Suspension, revocation, refusal of license — grounds — procedure.
Section 375.143 - Rulemaking authority.
Section 375.145 - Violations, penalties.
Section 375.146 - Violation, penalty.
Section 375.151 - Acts of managing general agent acts of insurer.
Section 375.152 - Violations, penalties.
Section 375.153 - Managing general agent, director's authority to promulgate rules.
Section 375.161 - Certificate to do business — when terminated.
Section 375.166 - Expense of organization limited.
Section 375.169 - Violation of section 375.166 a misdemeanor, penalty.
Section 375.176 - Proceedings against promoters.
Section 375.181 - Officers required of companies.
Section 375.186 - Seal and bylaws.
Section 375.191 - Voting by proxy.
Section 375.196 - Adoption of same or misleadingly similar name prohibited.
Section 375.198 - Issuance of shares, regulations concerning.
Section 375.201 - Charter, amendment of, procedure for.
Section 375.221 - Certificate of amendment of articles, how executed, contents.
Section 375.231 - Reduction of capital stock where same has not been fully subscribed.
Section 375.236 - Certificate of authority revoked, when.
Section 375.246 - Reinsurance, when allowed as an asset or reduction from liability.
Section 375.251 - Actions by and against companies.
Section 375.256 - Service of process on companies not authorized to do business in this state.
Section 375.261 - Service of process — procedure.
Section 375.266 - Service of process valid, when.
Section 375.271 - Plaintiff entitled to default judgment, when.
Section 375.281 - Company to furnish bond or certificate of authority before pleading.
Section 375.286 - Postponement of action permitted, when.
Section 375.291 - Company may file motion to quash service — grounds.
Section 375.296 - Additional damages for vexatious refusal to pay.
Section 375.298 - Loan against policy by policyholder, insurer to give notice of interest due.
Section 375.301 - Exemptions from provisions of sections 375.256 to 375.301.
Section 375.320 - Not to trade — exception.
Section 375.325 - Mechanical data processing equipment as assets.
Section 375.326 - Automobiles as assets.
Section 375.330 - Purchase and ownership of real estate.
Section 375.340 - Sale and exchange of real estate.
Section 375.345 - Derivative transactions permitted, conditions — definitions — rules.
Section 375.360 - Note not considered payment — not to loan when insolvent.
Section 375.370 - Collateral to be assigned to company.
Section 375.380 - Dividends shall not be paid, when — penalty — liability of stockholder.
Section 375.390 - Officers not to use funds for private gain — penalty.
Section 375.400 - Investigation by director — duty of prosecuting attorney.
Section 375.410 - Penalty for violation.
Section 375.420 - Vexatious refusal to pay claim, damages for, exception.
Section 375.422 - Directors and officers of stock companies to report ownership.
Section 375.425 - Provisions of 375.423 and 375.424 not to apply, when — equity security defined.
Section 375.426 - Director to make rules and regulations.
Section 375.430 - Certificate revoked if judgment not satisfied.
Section 375.440 - Revocation of license for failure to comply with judicial decree.
Section 375.445 - Company operating fraudulently or in bad faith, penalties.
Section 375.460 - Director to keep deposits — rights of companies.
Section 375.470 - Penalty for violations by director.
Section 375.480 - Withdrawal of securities — notice — examination by director.
Section 375.490 - Payment of judgments out of deposits.
Section 375.500 - Distribution of assets.
Section 375.510 - Reinsurance — rights and liabilities — insolvency.
Section 375.520 - Costs to be paid from deposits — amount.
Section 375.530 - Accounting among beneficiaries of foreign deposits.
Section 375.532 - Investment in debt of institution permitted, when.
Section 375.570 - Manner of commencing proceedings — petition, contents.
Section 375.580 - Issuance, service and return of process.
Section 375.610 - Hearing by the court, procedures — no continuances or discovery, exceptions.
Section 375.620 - Referee or master to hear and report — exceptions, filed by either party.
Section 375.640 - Insurance director to take charge.
Section 375.660 - Disposition of assets.
Section 375.670 - Allowance of demands — receiver to review claims against receivership.
Section 375.710 - Conflict of interests — power of court — trustees.
Section 375.720 - Penalty for failure or refusal to deliver assets to director.
Section 375.740 - Payment of expenses of proceedings.
Section 375.750 - Reports to court — payment of claims.
Section 375.771 - Citation of law.
Section 375.772 - Association, created — definitions.
Section 375.773 - Accounts, types of insurance — applicability of law.
Section 375.775 - Association, powers and duties.
Section 375.776 - Board of directors, selection, terms — powers and duties.
Section 375.777 - Director, powers and duties.
Section 375.780 - Penalties for violation of this chapter.
Section 375.787 - Complaint filed by director, when — injunction authorized.
Section 375.788 - Transaction of insurance business by unauthorized insurer, effect of.
Section 375.790 - Enforcement — foreign decree, qualified party, reciprocal states, defined.
Section 375.791 - Foreign insurance company admitted, when.
Section 375.811 - Application for certificate of authority, contents (foreign company).
Section 375.821 - Conditions to be met for certificate of authority (foreign company).
Section 375.831 - Certificate issued when all conditions met (foreign company).
Section 375.861 - Foreign company survivor of merger, documents to be filed with director.
Section 375.871 - Admitted foreign company may withdraw, how.
Section 375.881 - Revocation or suspension of certificate of authority, when (foreign company).
Section 375.901 - Foreign companies shall transact business through licensed agents and brokers.
Section 375.906 - Foreign companies to appoint director to receive service — methods — penalty.
Section 375.911 - Service on deputy director valid, when.
Section 375.920 - Policy form approval, disapproval — procedure.
Section 375.921 - Hearing on disapproval — action pending, effect on form.
Section 375.922 - Rules and regulations not authorized.
Section 375.923 - Exempt forms.
Section 375.930 - Citation of law — purpose — construction.
Section 375.932 - Definitions.
Section 375.934 - Unfair trade practices — conditions.
Section 375.936 - Unfair practices defined.
Section 375.937 - Lenders, duties — prohibited acts.
Section 375.938 - Director may investigate companies.
Section 375.940 - Procedure on charges or belief of unfair practices.
Section 375.942 - Administrative order for prohibited practices — penalty.
Section 375.944 - Judicial review — decree, order — additional evidence — finality of order, when.
Section 375.945 - Director's determination, judicial review.
Section 375.946 - Violation of desist order, penalty.
Section 375.948 - Additional powers of director — promulgation of rules.
Section 375.950 - Definitions.
Section 375.958 - Ancillary receiver, appointed when, entitled to what property, duties.
Section 375.970 - Preferred claims, how determined.
Section 375.974 - Owners of special deposit claims, priority.
Section 375.982 - Limitation on bringing proceedings, certain liens void.
Section 375.986 - Receiver in reciprocal state may sue.
Section 375.990 - Severability clause — interpretation of sections 375.950 to 375.990.
Section 375.992 - Fraudulent claims for benefits — form — notice to department, when — procedure.
Section 375.995 - Sex or marital status discrimination as to benefits or coverage prohibited.
Section 375.1000 - Citation — purpose — construction.
Section 375.1002 - Definitions.
Section 375.1005 - Improper claims practice, conditions.
Section 375.1007 - Improper claims practices.
Section 375.1009 - Director may investigate.
Section 375.1010 - Director may initiate proceedings.
Section 375.1014 - Judicial review.
Section 375.1016 - Violation of cease and desist order.
Section 375.1018 - Director's powers additional to others — rules and regulations.
Section 375.1025 - Definitions.
Section 375.1028 - Applicability — exemptions.
Section 375.1032 - Audited financial report, contents — form.
Section 375.1040 - Accountant's letter, contents.
Section 375.1042 - Audit of financial statement by independent accountant.
Section 375.1045 - Report of findings of accountant to insurer, contents.
Section 375.1050 - Workpapers, defined — availability to insurance examiners — confidentiality of.
Section 375.1054 - Prohibited acts — violation, penalty.
Section 375.1056 - Report required by insurer, when, contents.
Section 375.1057 - Canadian and British insurers, special requirements.
Section 375.1058 - Internal audit function — exemption, when — requirements.
Section 375.1062 - Severability.
Section 375.1070 - Inapplicability to certain insurers.
Section 375.1072 - Definitions.
Section 375.1074 - Limitation on investments, domestic insurers.
Section 375.1075 - Limitations on aggregate of medium or lower quality investments, requirements.
Section 375.1078 - Limitation on Canadian investments.
Section 375.1080 - Definitions.
Section 375.1090 - Purchasing group subject to insurance laws, exceptions.
Section 375.1095 - Insurance purchased by purchasing group, requirements.
Section 375.1097 - Premium taxes, payment of.
Section 375.1100 - Powers of director.
Section 375.1110 - Citation of law.
Section 375.1112 - Definitions.
Section 375.1120 - Records to be maintained by broker, duration — contents.
Section 375.1122 - Insurer's use of broker, restrictions — financial condition statement required.
Section 375.1127 - Reinsurance manager, prohibited acts.
Section 375.1130 - Insurer's use of manager, restrictions — financial condition statement required.
Section 375.1132 - Examination of reinsurance manager, director may conduct.
Section 375.1135 - Penalties, director may assess, procedures.
Section 375.1137 - Application fee, reinsurance intermediary license — renewal.
Section 375.1140 - Effective date.
Section 375.1150 - Citation of law — applicability.
Section 375.1152 - Definitions.
Section 375.1156 - Cooperation with receiver and director required — penalty.
Section 375.1161 - Violations, penalties.
Section 375.1162 - Director may order activities to prevent delinquency proceeding.
Section 375.1164 - Seizure order, director may petition for, when — effects.
Section 375.1165 - Rehabilitation of insurer, director may petition, when — grounds.
Section 375.1170 - Stay of other pending actions, duration — statute of limitations not to run.
Section 375.1172 - Records deemed public, when — exceptions.
Section 375.1175 - Grounds for liquidation — voluntary dissolution and liquidation, conditions.
Section 375.1178 - Life and health policies, termination of, when.
Section 375.1180 - Dissolution order, director may petition for — effect.
Section 375.1185 - Notices provided by liquidator, procedures.
Section 375.1186 - Agent of insurer, duty to provide information to liquidator — penalty.
Section 375.1188 - Stay of other actions — liquidator may bring certain actions, when.
Section 375.1190 - List of insurer's assets to be prepared — filing — not needed, when.
Section 375.1192 - Fraudulent and voidable transfers — requirements — effects.
Section 375.1194 - Transfer of real property not voidable, when.
Section 375.1196 - Claims of creditor, surrender of preference required.
Section 375.1198 - Mutual credits or debts, setoffs allowed — exceptions.
Section 375.1204 - Payment of unearned premiums required — violation, penalties.
Section 375.1206 - Proof of claim, filed when — effect of late filing.
Section 375.1210 - Contingent claims, allowed when, exceptions.
Section 375.1212 - Third party claims for actions against insureds, filed how — procedures.
Section 375.1214 - Denial of claim — appeal procedure.
Section 375.1215 - Subrogated claim, allowed when.
Section 375.1216 - Valuation of security, procedure.
Section 375.1218 - Classes of claims — priority of distribution.
Section 375.1222 - Payment of claims — duties of liquidator.
Section 375.1224 - Unclaimed funds, deemed unclaimed property — effect.
Section 375.1225 - Discharge of liquidator, when.
Section 375.1226 - Reopening of proceedings, when.
Section 375.1228 - Records may be destroyed after discharge, exceptions.
Section 375.1230 - Audit of receivership may be ordered, when.
Section 375.1234 - Foreign insurers, petition to liquidate assets, grounds — granted when — effects.
Section 375.1236 - Ancillary receiver, director may be appointed as — powers and duties.
Section 375.1238 - Power of director to institute proceedings, when.
Section 375.1240 - Nonresident claims, filed where.
Section 375.1242 - Proof of claims, nonresident insurer — procedures.
Section 375.1244 - Stay of actions during liquidation proceedings.
Section 375.1245 - Priority of nonresident claims, reciprocal states — special deposits, priority.
Section 375.1246 - Nonresident ancillary receiver, claims filed with — priority.
Section 375.1250 - Definitions.
Section 375.1260 - Authorized control level event, occurrence of, when — effect, duties of director.
Section 375.1262 - Mandatory control level event, occurrence of, when — effect, duties of director.
Section 375.1272 - Notices, effective when.
Section 375.1280 - Scope of law.
Section 375.1282 - Application of law — not applicable, when.
Section 375.1285 - Definitions.
Section 375.1292 - Consent to transfer, effect.
Section 375.1294 - Hazardous financial condition of transferring insurer, automatic transfer, when.
Section 375.1295 - Effective date — application dates.
Section 375.1300 - Definitions.
Section 375.1303 - Genetic testing by insurer, limitations — penalty — health plan, defined.
Section 375.1306 - Genetic information, prohibited uses by employers — penalty for violation.
Section 375.1309 - Confidentiality of genetic information, exceptions — penalty for violation.
Section 375.1500 - Sections 375.1500 to 375.1527 apply to life insurance policies, exceptions.
Section 375.1503 - Definitions.
Section 375.1512 - Basic illustration, requirements, contents.
Section 375.1515 - Supplemental illustrations permitted, when — notice required.
Section 375.1521 - Annual report to policy owner, contents.
Section 375.1524 - Illustration actuaries, qualifications, duties — annual certification.
Section 375.1527 - Violation of sections 375.1500 to 375.1527, penalties.
Section 375.1530 - Application of sections 375.1500 to 375.1527.
Section 375.1575 - Denial of claim, disclosure by applicant not required.
Section 375.1730 - Costs of coverage reported to department — rates.
Section 375.1800 - Residency of insurance companies, domestic and foreign.
Section 375.1803 - Court actions against insurance company, venue where — inapplicability, when.
Section 375.1806 - Uninsured and underinsured motorist coverage, venue, where.