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§ 23-85-101. Franchise plan — Definition

(a) Accident and health insurance on a franchise plan is declared to be that form of accident and health insurance issued to: (1) Five (5) or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency, or department thereof; or (2) Ten (10) or more members, employees, or employees of members […]

§ 23-85-102. Scope

This chapter governs accident and health insurance policies issued to individuals and members of their families. Nothing in this section and §§ 23-85-101, 23-85-103 — 23-85-134, 23-85-136, and 23-85-137 shall apply to or affect: (1) Any policy of liability or workers’ compensation insurance with or without supplementary expense coverage therein; (2) Any group or blanket […]

§ 23-85-103. Third party ownership

The word “insured” as used in this section and §§ 23-85-101, 23-85-102, and 23-85-104 — 23-85-131 shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, […]

§ 23-85-104. Form of policy

No policy of accident and health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code and complies with the following: (1) The entire money and other considerations for the policy shall be expressed in the policy; (2) The time when the insurance takes […]

§ 23-85-105. Required provisions

(a) (1) Except as provided in subsection (b) of this section, each accident and health policy delivered or issued for delivery to any person in this state shall contain the provisions specified in §§ 23-85-106 — 23-85-117 in the words in which the provisions appear. (2) However, the insurer, at its option, may substitute for […]

§ 23-85-106. Entire contract and changes provision

There shall be a provision as follows: “Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No […]

§ 23-85-107. Time limit on certain defenses provision

(a) There shall be a provision as follows: (b) Provision number one (1) as stated in subsection (a) of this section shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during the initial three-year period, nor to limit the application of §§ 23-85-119 […]

§ 23-85-108. Grace period provision

(a) There shall be a provision as follows: (b) A policy in which the insurer reserves the right to refuse renewal shall have, at the beginning of the provision set forth in subsection (a) of this section: “Grace Period: A grace period of (insert a number not less than seven (7) for weekly premium policies, […]

§ 23-85-109. Reinstatement provision

(a) There shall be a provision as follows: (b) The last sentence of the provision set forth in subsection (a) of this section may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums: (1) Until at least fifty (50) […]

§ 23-85-110. Notice of claim provision

(a) There shall be a provision as follows: (b) In a policy providing a loss-of-time benefit which may be payable for at least two (2) years, an insurer may at its option insert the following between the first and second sentences of the provision set forth in subsection (a) of this section: “Notice of Claim: […]

§ 23-85-111. Claim forms provision

There shall be a provision as follows: “Claim Forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen (15) days after the giving of such notice the claimant shall […]

§ 23-85-112. Proofs of loss provision

There shall be a provision as follows: “Proofs of Loss: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within ninety (90) days after the termination of the period for which the […]

§ 23-85-113. Time of payment of claims provision

There shall be a provision as follows: “Time of Payment of Claims: Indemnities payable under this policy for any loss, other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for […]

§ 23-85-114. Payment of claims provision

(a) There shall be a provision as follows: (b) The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer: (1) “If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor […]

§ 23-85-115. Physical examination and autopsy provision

There shall be a provision as follows: “Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death […]

§ 23-85-116. Legal actions provision

There shall be a provision as follows: “Legal Actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after […]

§ 23-85-117. Change of beneficiary provision

(a) There shall be a provision as follows: (b) The first clause of the provision set forth in subsection (a) of this section, relating to the irrevocable designation of beneficiary, may be omitted at the insurer’s option. “Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary […]

§ 23-85-118. Optional policy provisions

(a) Except as provided in § 23-85-105(b), no policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth in this section and §§ 23-85-119 — 23-85-126, unless the provisions are in the words in which the provisions appear in the applicable section, except that the […]

§ 23-85-119. Optional change of occupation provision

There may be a provision as follows: “Change of Occupation: If the insured is injured or contracts sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only […]

§ 23-85-120. Optional misstatement of age provision

There may be a provision as follows: “Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.”