Section 26-A5203. EXEMPTIONS

5203.1This regulation shall not apply to solicitations or sales involving:

(a)Credit insurance;

(b)Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the  contract or certificate does not include a side fund;

(c)An application to the existing insurer that issued the existing policy or contract when a contractual change or a conversion privilege is being exercised; or, when the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the commissioner; or, when a term conversion privilege is exercised among corporate affiliates;

(d)Individual stand-along health policies, including disability income policies;

(e)Contracts offered by Service members’ Group Life Insurance (SGLI) or Veterans’ Group Life Insurance (VGLI), as authorized by 38 U.S.C. §§ 1965 et seq.;

(f)Life insurance contracts offered through or by a non-profit military association, qualifying under Section 501(c)(23) of the Internal Revenue Code (IRC), and which are not underwritten by an insurer: or

(g)Contracts used to fund:

(1)An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);

(2)A plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as amended, if established or maintained by an employer;

(3)A government or church plan defined in Section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRC;

(4)A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;

(5)Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or

(6)Prearranged funeral contracts.

5203.2Nothing herein shall be construed to abrogate the ability of nonprofit organizations (and/or other organizations) to educate members of the United States Armed Forces in accordance with Department of Defense DoD Instruction 1344.07 – PERSONAL COMMERCIAL SOLICITATION ON DoD INSTALLATION or successor directive.

5203.3For purposes of this regulation, general advertisements, direct mail and internet marketing shall not constitute “solicitation.”  Telephone marketing shall not constitute “solicitation” provided the caller explicitly and conspicuously discloses that the product concerned is life insurance and makes no statements that avoid a clear and unequivocal statement that life insurance is the subject matter of the solicitation.  Provided however, nothing in this subsection shall be construed to exempt an insurer or insurance producer from this regulation in any in-person, face-to-face meeting established as a result of the “solicitation” exemption identified in this subsection

authority

The Administrator of the Office of Documents and Administrative Issuances (ODAI), pursuant to the authority set forth in section 309 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-559), and the Commissioner of the Department of the Department of Insurance, Securities and Banking, pursuant to the authority set forth under sections 102(9), 103(1), and 125 of the Insurance Trade and Economic Development Amendment Act of 2000, effective April 3, 2001 (D.C. Law 13-265; D.C. Official Code §§ 31-2231.01(9), 31-2231.03(1), and 31-2231.25 (2001) and in accordance with section 6 of the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1206, Pub. L. 90-614, D.C. Official Code § 2-505(a)(2001).

source

Notice of Final Rulemaking published at 54 DCR 11702, 11703 (December 7, 2007); as corrected by Errata Notice published at 58 DCR 2411, 2412 (March 18, 2011).