§ 146d.4. Exemptions.
(a) This chapter does not apply to solicitations or sales involving:
(1) Credit insurance.
(2) Group life insurance or group annuities when there is no in-person, face-to-face solicitation of individuals by an insurance producer or when the contract or certificate does not include a side fund.
(3) An application to the existing insurer that issued the existing policy or contract when one of the following applies:
(i) A contractual change or a conversion privilege is being exercised.
(ii) The existing policy or contract is being replaced by the same insurer under a program filed with and approved by the Commissioner.
(iii) A term conversion privilege is exercised among corporate affiliates.
(4) Individual stand-alone health policies, including disability income policies.
(5) Contracts offered by Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance, as authorized under 38 U.S.C. § § 1965—1980A (relating to servicemembers’ group life insurance).
(6) Life insurance contracts offered through or by a nonprofit military association, qualifying under section 501(c)(23) of the Internal Revenue Code of 1986 (26 U.S.C.A. § 501(c)(23)), and which are not underwritten by an insurer.
(7) Contracts used to fund:
(i) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA) (29 U.S.C.A. § § 1001—1461).
(ii) A plan described by sections 401(a) or (k), 403(b) or 408(k) or (p) of the Internal Revenue Code of 1986 (26 U.S.C.A. § § 401(a) or (k), 403(b) or 408(k) or (p)), if established or maintained by an employer.
(iii) A government or church plan defined in section 414 of the Internal Revenue Code of 1986 (26 U.S.C.A. § 414) or a deferred compensation plan of a state or local government or tax exempt organization under section 457 of the Internal Revenue Code of 1986 (26 U.S.C.A. § 457).
(iv) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.
(v) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process.
(vi) Prearranged funeral contracts.
(b) Nothing in this chapter abrogates the ability of nonprofit organizations or other organizations, or both, to educate members of the United States Armed Forces in accordance with Department of Defense Instruction 1344.07—PERSONAL COMMERCIAL SOLICITATION ON DOD INSTALLATIONS or successor directive.
(c) For purposes of this chapter, general advertisements, direct mail and internet marketing do not constitute ‘‘solicitation.’’ Telephone marketing does not constitute ‘‘solicitation,’’ when the caller explicitly and conspicuously discloses that the product concerned is life insurance and makes no statements that evade a clear and unequivocal statement that life insurance is the subject matter of the solicitation. Nothing in this section exempts an insurer or insurance producer from this chapter in any in-person, face-to-face meeting established as a result of the ‘‘solicitation’’ exemptions identified in this section.
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