§ 38a-297 — (Formerly Sec. 38-68u). Definition of readable language. Certification.

Connecticut § 38a-297

• Jurisdiction: Connecticut
• Title 38a: Insurance
• Ch. 699a: Readable Language in Insurance Policies

Text

(a) For the purposes of sections 38a-295 to 38a-300, inclusive, a policy shall be deemed readable if: (1) The text achieves a minimum score of forty-five on the Flesch reading ease test as computed in section 38a-298 or an equivalent score on any other test comparable in result and approved by the commissioner, (2) it is printed, except for specification pages, schedules and tables, in not less than ten-point type, one-point leaded, of a height and style specified by the commissioner in regulations adopted in accordance with the provisions of chapter 54, (3) it uses layout and spacing which separate the paragraphs from each other and from the border of the paper, (4) it has section titles captioned in boldface type or which otherwise stand out significantly from the text, (5) it avoids the use of unnecessarily long, complicated or obscure words, sentences, paragraphs or constructions, (6) the style, arrangement and overall appearance of the policy give no undue prominence to any portion of the text of the policy or to any endorsements or riders and (7) it contains a table of contents or an index of the principal sections of the policy, if the policy has more than three thousand words or if the policy has more than three pages. To be deemed readable, each policy of individual health insurance shall include a separate outline of coverage showing the major coverage, benefit, exclusion and renewal provisions of the policy in readily understandable terms, provided the policy shall take precedence over the outline of coverage. (b) The commissioner may authorize a lower score than the Flesch reading ease score required in subsection (a) whenever the commissioner finds that a lower score (1) will provide a more accurate reflection of the readability of a policy form; (2) is warranted by the nature of a particular policy form or type or class of policy forms; or (3) is the result of language which is used to conform to the requirements of any state or federal law, regulation or governmental agency. (c) Filings subject to this section shall be accompanied by a certification signed by an officer of the insurer stating that it meets the requirements of subsection (a) of this section. Such certification shall state that the policy meets the minimum reading ease score on the test used or that the score is lower than the minimum required but should be approved in accordance with subsection (b) of this section. The commissioner may require the submission of further information to verify any certification. (d) Filings subject to this section may be filed with the commissioner in any language. Any non-English-language policy shall be deemed to be in compliance with subsection (a) of this section if the insurer certifies that such policy complies with subsection (a) of this section or is translated from a policy that complies with subsection (a) of this section. (e) The commissioner may engage the services of any translation service, as needed, to review any non-English-language policy filed with the commissioner pursuant to this section, the cost of which shall be borne by the insurer that submits such filing. (f) (1) For any insurer that files a non-English-language policy with the commissioner, the commissioner may require that such insurer either (A) provide an English translated copy of such policy and a certification as to the accuracy of such translated copy of such policy, or (B) pay all costs associated with the translation of such policy in accordance with the provisions of subsection (e) of this section. (2) Any insurer shall accept all risk associated with any translation of such insurer's non-English-language policy in accordance with subdivision (1) of this subsection and subsection (e) of this section. (g) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

Legislative History

(P.A. 79-300, S. 3; P.A. 81-110, S. 1, 3; P.A. 84-188; P.A. 15-118, S. 37; P.A. 24-138, S. 9.) History: P.A. 81-110 provided that a policy is readable if the required type size is of a height and style specified by the commissioner in regulations; P.A. 84-188 amended Subsec. (a) to require that each policy of individual health insurance shall include a separate outline of coverage, explaining the major terms of the policy; Sec. 38-68u transferred to Sec. 38a-297 in 1991; P.A. 15-118 made technical changes in Subsec. (d); P.A. 24-138 amended Subsec. (d) to provide that policies may be filed with commissioner in any language and to set forth compliance requirements for such policies, added Subsec. (e) re commissioner may engage services of any translation service and cost of such services shall be borne by insurer, added Subsec. (f)(1) re commissioner may require insurer to provide English translated copy of policy or pay costs associated with translation of such policy, added Subsec. (f)(2) re insurer shall accept all risk associated with translation of non-English language policy, added Subsec. (g) to authorize commissioner to adopt regulations to implement provisions of section and made technical changes. Cited. 225 C. 165; 239 C. 537.