§ 23-80-201. Title

This subchapter may be cited as the “Life and Accident and Health Insurance Policy Language Simplification Act”.

§ 23-80-202. Purpose

(a) The purpose of this subchapter is to establish minimum standards for language used in policies, contracts, and certificates of life insurance and annuities, accident and health insurance, credit life insurance, and credit disability insurance delivered or issued for delivery in this state to facilitate ease of reading by insureds. (b) (1) This subchapter is […]

§ 23-80-203. Definitions

As used in this subchapter: (1) “Commissioner” means the Insurance Commissioner; (2) “Company” or “insurer” means any life or accident and health 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 […]

§ 23-80-204. Applicability

(a) This subchapter shall apply to all policies delivered or issued for delivery in this state by any company on or after the date the forms must be approved under this subchapter. (b) However, nothing in this subchapter shall apply to: (1) Any policy which is a security subject to federal jurisdiction; (2) (A) Any […]

§ 23-80-205. Construction

Nothing in this subchapter shall 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.

§ 23-80-206. Minimum standards

(a) In addition to any other requirements of law, no policy forms, except as stated in § 23-80-204, shall be delivered or issued for delivery in this state on or after the dates forms must be approved under this subchapter, unless: (1) The text achieves a minimum score of forty (40) on the Flesch reading […]

§ 23-80-207. Authorization to use lower score

The Insurance Commissioner may authorize a lower score than the Flesch reading ease score required in § 23-80-206(a)(1) whenever, in the commissioner’s discretion, he or she 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 policy […]

§ 23-80-208. Approval of forms

A policy form meeting the requirements of § 23-80-206(a) shall be approved notwithstanding the provisions of any other laws which specify the content of policies if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such laws.