33-15-301. Requiring standard provisions — waiver. (1) Insurance contracts must contain the standard or uniform provisions and benefits required by the applicable provisions of this code pertaining to contracts of particular kinds of insurance. The commissioner may waive a particular provision in a particular insurance policy form if: (a) the commissioner finds the provision or benefit unnecessary […]
33-15-302. Policy must contain entire contract. The policy, when issued, shall contain the entire contract between the parties, and neither the insurer or any insurance producer or representative thereof nor any person insured thereunder shall make any agreement as to the insurance which is not plainly expressed in the policy. This provision shall not be deemed […]
33-15-303. Contents of policies in general — identification. (1) Each policy must specify: (a) the names of the parties to the contract; (b) the subject of the insurance; (c) the risks insured against; (d) the time when the insurance under the policy takes effect and the period during which the insurance is to continue; (e) the premium; (f) the conditions pertaining to […]
33-15-304. Permissible content. A policy may contain additional provisions not inconsistent with this code and which are: (1) required to be inserted by the laws of the insurer’s domicile; (2) necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract; […]
33-15-305. Prohibited content — charter or bylaws. No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers’ agreement or power of attorney of a reciprocal insurer, a part of the contract unless such portion is set forth in full in […]
33-15-306. Execution of policies — facsimile signature. (1) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative duly authorized by the insurer. (2) A facsimile signature of any such executing individual may be used in lieu of an original signature. (3) No insurance contract […]
33-15-307. Underwriters’ and combination policies. (1) Two or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters’ policy bearing their names. Any one insurer may issue policies in the name of an underwriter’s department, and such policy shall plainly show the true name of the insurer. (2) Two or more […]
33-15-308. Explanation of charges. An insurer, health service corporation, or health maintenance organization that issues policies, certificates, membership contracts, or subscriber contracts for delivery in this state on or after January 1, 2000, and that limits payment of health care services based on standards described as usual and customary, reasonable and customary, prevailing fee, allowable charges, […]
33-15-309 through 33-15-314 reserved.
33-15-315. Validity of noncomplying forms. Any insurance policy, rider, or endorsement hereafter issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid but shall be construed and applied in accordance with such conditions and provisions as would have applied had such […]
33-15-316. Construction of policies. Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application which is a part of the policy. History: En. Sec. 282, Ch. 286, L. 1959; R.C.M. 1947, 40-3725.
33-15-317. Insurance coverage of punitive damages. (1) Insurance coverage does not extend to punitive or exemplary damages unless expressly included by the contract of insurance. (2) Prior to renewal of any policy in effect on October 1, 1987, the insurer shall provide the insured with notice of nonrenewal of coverage of punitive or exemplary damages in the […]
33-15-318. Safety program requirement in workers’ compensation policies. A policy, contract, or agreement to insure an employer against a workers’ compensation or occupational disease risk must require each insured employer to implement a safety program, as provided in 39-71-1507, as part of the policy, contract, or agreement to provide workers’ compensation or occupational disease insurance coverage. […]
33-15-319 and 33-15-320 reserved.
33-15-321. Life and disability insurance policy language simplification. Sections 33-15-321 through 33-15-329 may be cited as the “Life and Disability Insurance Policy Language Simplification Act”. History: En. Sec. 1, Ch. 302, L. 1981.
33-15-322. Purpose. (1) The purpose of 33-15-321 through 33-15-329 is to establish minimum standards for language used in policies, contracts, and certificates of life, disability, credit life, and credit disability insurance delivered or issued for delivery in this state to facilitate ease of reading by insureds. (2) Sections 33-15-321 through 33-15-329 are not intended to increase the […]
33-15-323. Definitions. As used in 33-15-321 through 33-15-329, the following definitions apply: (1) ”Company” or “insurer” means any life or disability insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofit medical service corporation, prepaid health plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization, and all similar types of […]
33-15-324. Application — exceptions. (1) Sections 33-15-321 through 33-15-329 apply to all policies delivered or issued for delivery in this state by any company on or after the date such forms must be approved under 33-15-321 through 33-15-329, but nothing in 33-15-321 through 33-15-329 applies to: (a) a policy which is a security subject to federal jurisdiction; […]
33-15-325. Minimum policy language simplification standards. (1) In addition to any other requirements of law, no policy form, except as stated in 33-15-324, may be delivered or issued for delivery in this state on or after the date such form must be approved under 33-15-321 through 33-15-329, unless: (a) the text achieves a minimum score of 40 […]
33-15-326. Construction — time period. Nothing in 33-15-321 through 33-15-329 may be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified. History: En. Sec. 6, Ch. 302, L. 1981.
