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Session Laws, 1999
Volume 796, Page 3418   View pdf image
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(2) Title 2, Subtitle 2 of this article and §§ 1-206, 3-127, and 12-210 of
this
article;

(3) Title 2, Subtitle 5 of this article;

(4) §§ 4-113 and 4-114 of this article;

(5) Title 5, Subtitles 1, 2, 3, 4, and 6 of this article;

(6) Title 7 of this article, except for § 7-706 and Subtitle 2 of Title 7;

(7) Title 9, Subtitles 1, 2, and 4 of this article;

(8) Title 10, Subtitle 1 of this article;

(9) Title 27 of this article; [and]

(10)  §§ 15- 297 THROUGH 15-221, 15-225 THROUGH 15-228, 15-303, 15-303.1,
15-303.2, 15-307, 15-307.1,
AND 15-307.2 OF THIS ARTICLE; AND

(11) any other provision of this article that:

(i) is expressly referred to in this subtitle;

(ii) expressly refers to this subtitle; or

(iii) expressly refers to nonprofit health service plans or persons
subject to this subtitle.

15-303.

(a) Each policy of group health insurance shall contain [in substance the
provisions of this section] PROVI
SIONS THAT IN THE OPINION OF THE
COMMISSIONER ARE AT LEAST AS FAVORABLE TO THE POLICYHOLDER OR INSURED
AS THE PROVISIONS IN THIS
SECTION.

(b) Each policy of group health insurance shall contain a provision that[,
absent fraud, each statement made by an applicant, policyholder, or insured is
considered to be a representat
ion and not a warranty]:

(1) THE POLICY AND APPLICATION CONSTITUTE THE ENTIRE CONTRACT
BETWEEN THE PARTIES;

(2) ABSENT FRAUD, EACH STATEMENT MADE BY AN APPLICANT,
POLICYHOLDER, OR INSURED I
S CONSIDERED TO BE A REPRESENTATION AND NOT A
WARRANTY; AND

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

(e) [Each policy of group health insurance shall contain a provision that a
statement
made to effectuate insurance does not avoid the insurance or reduce
benefits under the policy unless the statement is contained in a written instrument


 

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Session Laws, 1999
Volume 796, Page 3418   View pdf image
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