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Session Laws, 1963
Volume 671, Page 1165   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1167

the absence of such prior affirmative approval or disapproval, any
such form shall be deemed approved. The Commissioner may at any
time, after notice and for cause shown, withdraw any such approval.
Any such withdrawal shall be effective at the expiration of such
period, not less than twenty days after the giving of notice of with-
drawal, as the Commissioner shall in such notice prescribe.

(c)   Any order of the Commissioner disapproving any such form
or withdrawing a previous approval shall state the grounds therefor,
and the particulars thereof in such details as reasonably to inform
the insurer thereof.

(d)   The Commissioner may, by order, exempt from the require-
ments of this section for so long as he deems proper any insurance
document or form or type thereof as specified in such order, to which,
in his opinion, this section may not practicably be applied, or the
filing and approval of which are, in his opinion, not desirable or
necessary for the protection of the public.

(e)   This section shall apply also to any such form used by domes-
tic insurers for delivery in a jurisdiction outside this State, if the
insurance supervisory official of such jurisdiction informs the Com-
missioner that such form is not subject to approval or disapproval by
such official, and upon the Commissioner's order requiring the form
to be submitted to him for the purpose. The applicable same stand-
ards shall apply to such forms as apply to forms for domestic use.

(f)   In the case of life insurance policies, health insurance policies,
and annuity contracts, the Commissioner may SHALL approve such
policies and contracts in loose leaf form and alternate pages submit-
ted separately for use with such policies and contracts, if the provi-
sions thereof otherwise comply with this article. Combinations of
approved pages may be used to form complete policies and contracts
provided a schedule is filed with the Commissioner showing the pages
to be used to form any particular policy or contract.

376. Grounds for Disapproval.

The Commissioner shall disapprove any form filed under section
375, or withdraw any previous approval thereof, if the form:

(1)   Is in any respect in violation of or does not comply with this
article; or

(2)   Contains or incorporates by reference, where such incorpo-
ration is otherwise permissible, any inconsistent, ambiguous, or mis-
leading clauses, or exceptions and conditions which deceptively
affect the risk purported to be assumed in the general coverage of
the contract; or

(3)   Has any title, heading, or other indication of its provisions
which is likely to mislead the policyholder or certificate holder; or

(4)   Is printed or otherwise reproduced in such manner as to
render any provision of the form substantially illegible; or

(5)   If the benefits provided in any health insurance policy other
than a group policy are unreasonable in relation to the premium
charged.

 

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Session Laws, 1963
Volume 671, Page 1165   View pdf image (33K)
 Jump to  
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