§ 23-85-104 — Form of policy

No policy of accident and health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code and complies with the following: (1) The entire money and other considerations for the policy shall be expressed in the policy; (2) The time when the insurance takes effect and terminates shall be expressed in the policy; (3) It shall purport to insure only one (1) person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any two (2) or more eligible members of that family, including husband, wife, or any other person dependent upon the policyholder; (4) (A) The style, arrangement, and overall appearance of the policy shall give no undue prominence to any portion of the text. (B) In printed forms, every portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10-point type with a lower case unspaced alphabet length not less than one hundred twenty (120) points. (C) The appearance of text in forms developed for electronic transmission shall comply with rules developed by the Insurance Commissioner. (D) The text shall include all printed matter, except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions; (5) The exceptions and reductions of indemnity shall be set forth in the policy and, other than those contained in §§ 23-85-106 - 23-85-126 and 23-85-128 , shall be printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as "Exceptions", or "Exceptions and Reductions", except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction shall be included with the benefit provision to which it applies; (6) Each form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page; and (7) The policy shall contain no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless the portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risk or a short-rate table filed with the commissioner.

Legislative History

Amended by Act 2019, No. 315,§ 2742, eff. 7/24/2019. Acts 1959, No. 148, § 387; 1967, No. 418, § 1; 1969, No. 263, § 1; A.S.A. 1947, § 66-3602; Acts 2001, No. 909, § 4.