§ 23-80-301. Title

This subchapter may be cited as the “Property and Casualty Insurance Policy Simplification Act”.

§ 23-80-302. Purpose

(a) The purpose of this subchapter is to establish minimum language and format standards to make property and casualty insurance policies easier to read. (b) This subchapter is not intended to increase the risk assumed under policies subject to it. Nor is it intended to impede flexibility and innovation in the development of policy forms […]

§ 23-80-303. Definitions

As used in this subchapter: (1) “Casualty insurance” does not include accident and health insurance; (2) “Commissioner” means the Insurance Commissioner; and (3) “Policy” or “policy forms” means any written contract of property and casualty insurance delivered or issued for delivery in this state by or on behalf of any insurer licensed in this state.

§ 23-80-304. Applicability

(a) This subchapter shall apply to all policies with effective dates on or after the implementation date established for policies under § 23-80-306(b). (b) No other statute of this state setting simplification standards for language or format shall apply to any policy. (c) This subchapter shall not apply to policies in manuscript form or to […]

§ 23-80-305. Powers of commissioner

(a) After notice and hearing, the Insurance Commissioner may issue reasonable rules implementing §§ 23-80-306 and 23-80-308. (b) At the commissioner’s sole discretion, he or she may extend any dates under this subchapter. (c) The commissioner shall have sole authority to enforce the provisions of this subchapter or seek remedies for its violation.

§ 23-80-306. Minimum standards

(a) All policies which, under subsection (b) of this section, must comply with this subsection shall be simplified, taking into consideration the following factors: (1) Use of simple sentence structure and short sentences; (2) Use of commonly understood words; (3) Avoidance of technical legal terms whenever possible; (4) Minimal reference to other sections or provisions […]

§ 23-80-307. Compliance with other statutorily required language

(a) The requirements of any other laws which specify the language or content of any policy may be met by a policy complying with § 23-80-306(a). (b) However, the policy must provide protection which, considered as a whole, is not less favorable to the insured than is required by the other laws.

§ 23-80-308. Compliance by provision of outline of coverage

An insurer may comply with § 23-80-306(a) and § 23-80-306(b)(2) for not more than twelve (12) months following the implementation date established by the Insurance Commissioner by providing to the policyholder an outline of coverage or a brochure instead of a simplified policy. The outline or brochure shall comply with § 23-80-306(a).