20-1241.07. Duties of insurers with respect to direct response solicitations
A. If a person applies for a policy or contract in response to 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 that the director has approved or prescribed by rule.
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. Comply with the requirements of section 20-1241.05, subsections C and D if the applicant furnishes the names of the existing insurer, and the requirements of section 20-1241.05, subsections E and F.
2. With the policy or contract, provide the applicant or prospective applicant with a notice as required under section 20-1241.05.
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