California Insurance Code ARTICLE 2.1 - Accelerated Death Benefits

• Section 10295.
  (a) An accelerated death benefit, as described in this section, shall not be offered, sold, issued, or marketed as health, accident, or long-term care insurance. An...
• Section 10295.1.
  (a) An accelerated death benefit as defined in paragraph (1) of subdivision (b) of Section 10295 shall comply with, and shall explain all of, the following:(1) That...
• Section 10295.2.
  A life insurance contract with an accelerated death benefit or an accelerated death benefit in the form of a rider or endorsement shall be submitted...
• Section 10295.3.
  (a) A written disclosure, as set forth below, shall be included with the filing for the commissioner’s approval, and shall be given to each applicant. The...
• Section 10295.4.
  An insurer shall file with the commissioner an actuarial memorandum prepared, dated, and signed by a member of the American Academy of Actuaries that includes...
• Section 10295.5.
  (a) Applications, if any, or forms supporting an application, if any, for accelerated death benefits shall contain clear, unambiguous, short, and simple questions designed to ascertain...
• Section 10295.6.
  (a) When a policyholder or certificate holder requests an acceleration of death benefits, the insurer shall send a statement to the policyholder or certificate holder and...
• Section 10295.7.
  (a) The insurer may require a premium charge or cost of insurance charge for the accelerated death benefit. This charge shall be based on sound actuarial...
• Section 10295.8.
  (a) An applicant for an accelerated death benefit shall have the right to return the accelerated death benefit policy or certificate by first-class United States mail...
• Section 10295.9.
  (a) Application forms for accelerated death benefits shall include a question designed to elicit information as to whether the accelerated death benefit is intended to replace...
• Section 10295.10.a.
  An insurer may not:(a) Cancel, nonrenew, or otherwise terminate an accelerated death benefit on the grounds of the age or the deterioration of the mental or...
• Section 10295.11.
  (a) An accelerated death benefit shall not be advertised or marketed as long-term care insurance, nursing home insurance, or home care insurance. Any advertisement, description, comparison,...
• Section 10295.12.
  (a) Insurers shall ensure that agents offering, marketing, or selling accelerated death benefits on their behalf are able to describe the differences between benefits provided under...
• Section 10295.13.
  In addition to other unfair trade practices described in this code, the following acts and practices in the sale of insurance under this article are...
• Section 10295.14.
  (a) Accelerated death benefits shall comply with the provisions in Sections 10113.71 and 10113.72.(b) Every insurer offering term life insurance with accelerated death benefits or any rider...
• Section 10295.15.
  (a) Except at the request of the policyholder or contractholder, all accelerated death benefit provisions or supplemental contracts shall be renewable for the life of the...
• Section 10295.16.
  Termination of an accelerated death benefit shall not prejudice the payment of benefits for any qualifying event that occurred while the accelerated death benefit was...
• Section 10295.17.
  An insurer that fails to conform to the requirements provided under this article shall be subject to Article 6.5 (commencing with Section 790) of Chapter...
• Section 10295.18.
  Accelerated death benefits shall not limit or exclude coverage by type of illness, treatment, medical condition, or accident, except under the circumstances described in paragraphs...
• Section 10295.19.
  A policy, certificate, rider, or endorsement shall include a provision giving the policyholder or certificate holder the right to appeal to the insurer a decision...

Last modified: October 22, 2018