Insurance · Laws and Regulations

What is the 'replacement regulation' process when a life insurance sale involves replacing an existing policy?

Correct answer

Replacement transactions require: written disclosure to the applicant that they are replacing existing coverage; comparison documents (illustration showing old vs new); notification to the existing insurer; a 30-day free-look period for the new policy; the agent must document that the replacement is in the client's best interest

  1. A Replacement requires no special process — agents can replace any policy at any time without disclosure
  2. B Replacement transactions require: written disclosure to the applicant that they are replacing existing coverage; comparison documents (illustration showing old vs new); notification to the existing insurer; a 30-day free-look period for the new policy; the agent must document that the replacement is in the client's best interest
  3. C Replacement is prohibited within the first 5 years of a policy
  4. D Only the insured can initiate a replacement — agents may not suggest it

Why this is the answer

REPLACEMENT REGULATIONS exist in every state to protect consumers from the financial harm of unnecessary policy replacements. A REPLACEMENT occurs when a new life insurance policy is purchased and existing life insurance (on the same insured) will be: lapsed, forfeited, or surrendered; converted to paid-up or extended term; otherwise terminated; or used to fund the new policy. REGULATORY REQUIREMENTS: NOTICE OF REPLACEMENT: The applicant must receive a written notice explaining that this is a replacement transaction and describing the potential disadvantages (new contestability period, new suicide clause, possible loss of existing policy benefits); COMPARISON DOCUMENT: Most states require an illustration or comparison showing: current policy values vs new policy values; costs of surrender; any benefit differences; NOTIFICATION TO EXISTING INSURER: The new insurer must notify the existing carrier within 3-5 business days so the existing insurer can contact the policyholder about the replacement; EXTENDED FREE-LOOK: Replacement policies typically have a 30-day free-look period (vs 10 days for non-replacement); AGENT OBLIGATION: Document in writing that the replacement is in the client's best interest; CONSEQUENCES OF NON-COMPLIANCE: Loss of licence; fines; E&O claims from harmed policyholders; criminal charges for intentional misrepresentation (twisting). WHO BENEFITS: Legitimate replacements where a new policy genuinely provides better value; consumers get a cooling-off period and comparison information.
Source: Life Insurance License Exam, Replacement Regulations

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