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Session Laws, 1963
Volume 671, Page 1211   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1213

(5)   A provision that all benefits payable under the policy other
than benefits for loss of time will be payable immediately upon
receipt of due written proof of such loss, and that, subject to due
proof of loss, all accrued benefits payable under the policy for loss
of time will be paid not later than at the expiration of each period
of thirty (30) days during the continuance of the period for which
the insurer is liable, and that any balance remaining unpaid at the
termination of such period will be paid immediately upon receipt of
such proof.

(6)   A provision that the insurer at its own expense, shall have the
right and opportunity to examine the person of the insured when and
so often as it may reasonably require during the pendency of claim
under the policy and also the right and opportunity to make an
autopsy in case of death where it is not prohibited by law.

(7)   A provision that no action at law or in equity shall be brought
to recover under the policy prior to the expiration of sixty (60) days
after written proof of loss has been furnished in accordance with the
requirements of the policy and that no such action shall be brought
after the expiration of three (3) years after the time written proof
of loss is required to be furnished.

476.    Application and Certificates Not Required.

An individual application shall not be required from a person
covered under a blanket health policy or contract, nor shall it be
necessary for the insurer to furnish each person a certificate.

477.    Insurable Interest—Facility of Payment.

All benefits under any blanket health policy shall be payable to the
person insured, or to his designated beneficiary or beneficiaries, or to
his estate; except, that if the person insured be a minor or mental
incompetent, such benefits may be made payable to his parent,
guardian, or other person actually supporting him; or if the entire
cost of the insurance has been borne by the employer such benefits
may be made payable to the employer. Provided, however, that the
policy may provide that all or any portion of any indemnities provided
by such policy on account of hospital, nursing, medical or surgical
services may, at the insurer's option, be paid directly to the hospital
or person rendering such services; but the policy may not require
that the service be rendered by a particular hospital or person. Pay-
ment so made shall discharge the insurer's obligation with respect
to the amount of insurance so paid.

27. PROPERTY INSURANCE

478.    Proof of Loss.

If an insurer, through its agent, representative or adjuster, has
undertaken investigating, estimating or adjusting a property loss
resulting from fire or the hazards of any extended coverage endorse-
ment with an insured or the representative of an insured, under an in-
surance contract issued by such insurer, the failure of the insured to
furnish to the insurer, as provided in the insurance contract, either
the sworn statement in proof of loss or notice in writing, shall in no
event preclude the insured from recovering under such insurance
contract, provided that the insured furnishes a sworn statement in

 

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Session Laws, 1963
Volume 671, Page 1211   View pdf image (33K)
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