33-52-3. Notice of transfer; contents and form of notice; prior approval of Commissioner.

1. (1)

   The transferring insurer shall provide or cause to be provided to each policyholder by first-class mail, addressed to the policyholder’s last known address or to the address to which premium notices or other policy documents are sent, a notice of transfer; provided, however, that, upon application by the transferring insurer, the Commissioner may approve an alternative method of notification. The notice of transfer shall state or provide the following:#

   1. (A)

      A detailed statement explaining the reason or reasons for the transfer;#

   2. (B)

      The date the transfer and novation of the policyholder’s contract of insurance is proposed to take place;#

   3. (C)

      The names, addresses, and telephone numbers of the assuming and transferring insurers;#

   4. (D)

      That the policyholder may reject the transfer and novation;#

   5. (E)

      The procedure and time limit for rejecting the transfer and novation;#

   6. (F)

      A summary of any effect that rejecting the transfer and novation will have on the policyholder’s rights including, for participating policyholders, dividend payments or payments under the contract of insurance;#

   7. (G)

      The states in which the assuming insurer is licensed;#

   8. (H)

      The name and address of the person at the transferring insurer to whom the policyholder should send its written statement of rejection of the transfer and novation; and#

   9. (I)

      The address of the insurance department where the policyholder resides so that the policyholder may contact its insurance department for further information regarding the financial condition of the assuming insurer.#

2. (2)

   The Commissioner may prescribe the form of the notice to be delivered to policyholders.#

3. (3)

   The notice of transfer shall include a pre-addressed postage-paid response card which a policyholder may return as its written statement of rejection of the transfer and novation.#

Prior approval by the Commissioner is required for any transaction before an insurer assumes or transfers obligations or risks on contracts of insurance in this state under an assumption reinsurance agreement.#