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Session Laws, 1997
Volume 795, Page 999   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 35

(3) A STATEMENT MADE BY THE POLICYHOLDER MAY NOT BE USED IN
DEFENSE TO A CLAIM UNDER THE POLICY UNLESS THE STATEMENT IS CONTAINED
IN A WRITTEN APPLICATION.

(C) NOTICE OF SICKNESS OR INJURY.

(1) EACH POLICY OF BLANKET HEALTH INSURANCE SHALL CONTAIN A
PROVISION THAT WRITTEN NOTICE OF SICKNESS OR INJURY MUST BE GIVEN TO THE
INSURER WITHIN 20 DAYS AFTER THE DATE ON WHICH THE SICKNESS OR INJURY
OCCURRED.

(2) FAILURE TO GIVE NOTICE WITHIN THE 20-DAY PERIOD DOES NOT
INVALIDATE OR REDUCE A CLAIM IF IT IS SHOWN THAT IT WAS NOT REASONABLY
POSSIBLE TO GIVE NOTICE WITHIN THE TIME REQUIRED, AND THAT NOTICE WAS
GIVEN AS SOON AS WAS REASONABLY POSSIBLE.

(D) PROOF OF LOSS — INSURER TO PROVIDE FORMS.

(1) EACH POLICY OF BLANKET HEALTH INSURANCE SHALL CONTAIN A
PROVISION THAT THE INSURER SHALL PROVIDE TO THE POLICYHOLDER FORMS
FOR FILING PROOF OF LOSS.

(2) IF THE INSURER DOES NOT PROVIDE THE FORMS WITHIN 15 DAYS
AFTER NOTICE OF SICKNESS OR INJURY IS GIVEN, THE CLAIMANT IS DEEMED TO
HAVE COMPLIED WITH THE REQUIREMENTS OF THE POLICY ON PROOF OF LOSS IF
THE CLAIMANT SUBMITS, WITHIN THE TIME FIXED IN THE POLICY FOR FILING
PROOF OF LOSS, WRITTEN PROOF OF THE OCCURRENCE, CHARACTER, AND EXTENT
OF THE LOSS FOR WHICH THE CLAIM IS MADE.

(E) SAME — TIME FOR SUBMITTING.

(1) EACH POLICY OF BLANKET HEALTH INSURANCE SHALL CONTAIN A
PROVISION THAT:

(I) IF A CLAIM IS FOR LOSS OF TIME BECAUSE OF DISABILITY,
WRITTEN PROOF OF LOSS MUST BE SUBMITTED TO THE INSURER WITHIN 30 DAYS
AFTER THE BEGINNING OF THE PERIOD FOR WHICH THE INSURER IS LIABLE, AND
SUBSEQUENT WRITTEN PROOFS THAT THE DISABILITY CONTINUES MUST BE
SUBMITTED TO THE INSURER AT THE INTERVALS THAT THE INSURER REASONABLY
REQUIRES; AND

(II) IF A CLAIM IS FOR A LOSS OTHER THAN LOSS OF TIME
BECAUSE OF DISABILITY, WRITTEN PROOF OF LOSS MUST BE SUBMITTED TO THE
INSURER WITHIN 90 DAYS AFTER THE DATE OF THE LOSS.

(2) FAILURE TO SUBMIT PROOF OF LOSS WITHIN THE TIME REQUIRED
DOES NOT INVALIDATE OR REDUCE A CLAIM IF IT IS SHOWN THAT IT WAS NOT
REASONABLY POSSIBLE TO SUBMIT THE PROOF OF LOSS WITHIN THE TIME
REQUIRED, AND THAT PROOF OF LOSS WAS SUBMITTED AS SOON AS WAS
REASONABLY POSSIBLE.

(F) TIME OF PAYMENT OF BENEFITS.

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Session Laws, 1997
Volume 795, Page 999   View pdf image
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