33-15-327. Powers of the commissioner. The commissioner may authorize a lower score than the Flesch reading ease score required in 33-15-325(1)(a) whenever, in in the commissioner’s sole discretion, the commissioner finds that a lower score: (1) will provide a more accurate reflection of the readability of a policy form; (2) is warranted by the nature of a particular […]
33-15-328. Approval of forms. A policy form meeting the requirements of 33-15-325(1)(a) may be approved by the commissioner notwithstanding the provisions of other laws that specify content of policies if the approved policy form provides policyholders and claimants protection not less favorable than they would be entitled to under such laws. History: En. Sec. 8, Ch. 302, […]
33-15-329. Applicability schedule. (1) Except as provided in 33-15-324, the provisions of 33-15-321 through 33-15-329 apply to all policy forms filed on or after July 1, 1983. A policy form may not be delivered or issued for delivery in this state on or after July 1, 1986, unless approved by the commissioner or permitted to be […]
33-15-330 through 33-15-332 reserved.
33-15-333. Short title. Sections 33-15-333 through 33-15-340 may be cited as the “Property and Casualty Insurance Policy Language Simplification Act”. History: En. Sec. 1, Ch. 416, L. 1993.
33-15-334. Purpose. (1) The purpose of 33-15-333 through 33-15-340 is to establish minimum language and format standards to make property and casualty policies easier to read. (2) Sections 33-15-333 through 33-15-340 are not intended to increase the risk assumed under policies subject to 33-15-333 through 33-15-340. Sections 33-15-333 through 33-15-340 are not intended to impede flexibility and […]
33-15-335. Definitions. As used in 33-15-333 through 33-15-340, the following definitions apply: (1) ”Casualty insurance” does not include accident and health or disability insurance. (2) ”Policy” or “policy form” means any written contract of property or casualty insurance delivered or issued for delivery in this state by or on behalf of any insurer licensed in this state. History: En. […]
33-15-336. Applicability. (1) Other statutes of this state setting simplification standards for language or format do not apply to property and casualty policies. (2) Sections 33-15-333 through 33-15-340 do not apply to policies in manuscript form or to the following kinds of insurance: (a) ocean marine; (b) surety and financial institution bonds; (c) reinsurance; (d) commercial aviation; or (e) large commercial risks […]
33-15-337. Minimum policy simplification standards. (1) All property and casualty policies subject to 33-15-333 through 33-15-340 must take into consideration the following factors: (a) use of simple sentence structure, short sentences, and personal style; (b) use of commonly understood words and everyday conversational language consistent with the policy’s standing as a contract; (c) avoidance of use of technical and […]
33-15-338. Powers of commissioner. (1) At the commissioner’s discretion, the commissioner may extend any dates under 33-15-333 through 33-15-340. (2) The commissioner has sole authority to enforce the provisions of 33-15-333 through 33-15-340 or to seek remedies for its violation. (3) The commissioner may authorize a lower score than the Flesch reading ease score required in 33-15-337 when, […]
33-15-339. Compliance with other statutorily required language. The requirements of any other laws that specify the language or content of a policy may be met by a policy complying with the provisions of 33-15-337. However, the policy must provide protection that, considered as a whole, is not less favorable to the insured than is required by […]
33-15-340. Liability and coverage not imputed. The existence or nonexistence of coverage or liability under a policy may not be construed from policy approval by the commissioner. History: En. Sec. 8, Ch. 416, L. 1993.
