Insurance Code § 10508

Obligation of insurer to maintain certain records; Delivery to commissioner following written demand; Form and contents; Minimum period for maintaining

(a) It is the obligation of every insurer admitted in this state to transact life or disability insurance, or both, to maintain certain records specified in this article pertaining to the activities of its life, life and disability, and disability agents and any other agents for the inspection and examination of the commissioner.

(b) The original or certified copies of the records shall be delivered to the commissioner within a period of 30 days following receipt of written demand therefor.

(c) The records required to be maintained or made available in this state may be in the form of originals, carbon, or facsimile copies, microfilm copies, or electronic data–processing records if printouts are available within a reasonable period of time, and shall include, to the extent the data are pertinent and available for each insurance transaction, the names, dates, amounts and policy numbers involved. The records are composed of all of the following:

(1) The original application for each insurance policy or contract sold in this state.
(2) Records showing, for each insurance policy or contract issued, the premiums received by the insurer.
(3) Production records showing all insurance policies or contracts sold by each agent or other agent in the expired portion of the current calendar year and the whole of each of the preceding five calendar years.
(4) Records showing, for each insurance policy or contract issued, the amount of commissions paid and to whom.
(5) Records or memoranda identifying any agent other, than the agent whose name appears on the application who, to the actual knowledge of the insurer, handled any part of an insurance transaction for which the other agent was not compensated.
(6) Correspondence, written solicitations or proposals, or other written communications sent by the insurer to a prospect, applicant, or insured, or received from him or her by the insurer, excluding printed material in general use distributed by the insurer, either directly or indirectly through its life agents.
(7) Correspondence, written proposals, notices, a statement of reasons, or other written communications, if any, pertaining to the recision, termination, or nonrenewal of a policy or contract, or the election of nonforfeiture values thereunder, sent by an insurer to a policyholder or contractholder or received from him or her by an insurer.
(8) A copy of a written comparison of benefits, limitations, exclusions, and costs of existing accident, sickness, or long–term care coverage and proposed coverage.
(9) A copy of the outline of coverage or disclosure statement required by law or regulation.
(10) Copies of any correspondence between the policyholder or prospective policyholder and the agent or insurer.
(11) Copies of correspondence between anyone acting on behalf of the policyholder or prospective policyholder and the agent or insurer.

(d) Except as otherwise provided, the records shall be maintained for a minimum period of five years following the actual delivery of the insurance policy or contract to which each pertains, or, if no policy or contract was issued, for a minimum period of five years after the date of the application therefor.

History

Added Stats 1971 ch 402 § 1. Amended Stats 1989 ch 631 § 2; Stats 1993 ch 1209 § 11 (SB 590), ch 1210 § 9 (AB 1100); Stats 2003 ch 166 § 1 (AB 1600).

How Long Must Every Insurance Agent Maintain All Records