Section 21.36.323. Disclosures required in financial institution sales.

   (a) In the sale of insurance by a financial institution, a person shall disclose both orally and in writing to a consumer before the initial purchase of insurance that
        (1) the insurance is not a deposit or other obligation of the person;
        (2) the insurance is not guaranteed by the person or the person soliciting insurance;
        (3) the insurance is not insured by the Federal Deposit Insurance Corporation or other agency of the United States, the financial institution, or the person;
        (4) if the insurance contains risk, the insurance contains investment risk and the insurance may lose value;
        (5) the consumer is not required to negotiate a policy or contract of insurance through any particular person or group of persons as a condition to the lending of money or extension of credit, or a renewal of the loan or extension of credit, except that the person may impose reasonable requirements uniformly applied and relating to the extent of coverage required and the financial soundness and the services of the insurer and that the standards may not discriminate against a particular type of insurer or require disapproval of a policy containing coverage in addition to that required.
   (b) A person shall also provide the disclosures required in (a) of this section to a consumer both orally and in writing at the time of application for an extension of credit.
   (c) If an application for insurance is made by telephone, written disclosure as required in (a) of this section must be mailed to the consumer within three working days.
   (d) A person may provide the disclosures required in (a) of this section electronically, if
        (1) the consumer affirmatively consents to electronic disclosure; and
        (2) the disclosures are provided in a format that the consumer is able to access at a later time by a method such as through printing or storing the disclosures electronically.
   (e) A person shall provide the disclosures required in (a) of this section in a meaningful form and in a conspicuous, simple, direct, and understandable manner that is designed to call attention to the information provided.
   (f) A person shall obtain a written acknowledgment or, in the case of an electronic disclosure provided in compliance with (d) of this section, a written or electronic acknowledgment, by the consumer that the consumer received the disclosures as required in this section.
   (g) This section does not require that a person provide the disclosures required in this section in advertisements that are of a general nature or that describe or list the services or products offered by a financial institution or on behalf of a financial institution.
   (h) In this section, "meaningful form" means
        (1) for other than an electronic form, a form of disclosure that is provided to a consumer orally and in writing;
        (2) for an electronic form, a disclosure that a consumer cannot electronically bypass before purchasing insurance.

Authorities

21.36.168

Notes

References

AS 21.36.168

History

(Sec. 70 ch 81 SLA 2001)