§ 26.1-33-11 — Group life policy - Required provisions

North Dakota § 26.1-33-11

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-33: Life Insurance

Text

No group life insurance policy may be delivered in this state unless it contains in substance
the following provisions, or provisions which in the opinion of the commissioner are more
favorable to the insureds, or at least as favorable to the insureds and more favorable to the
policyholder; provided, however, that the standard provisions required for an individual life
insurance policy may not apply to a group life insurance policy:

1. A provision that the policyholder is entitled to a grace period of thirty-one days for the
payment of any premium due except the first, during which grace period the death
benefit coverage continues in force, unless the policyholder has given the insurer
written notice of discontinuance in advance of the date of discontinuance and in
accordance with the terms of the policy. The policy may provide that the policyholder is
liable to the insurer for the payment of a pro rata premium for the time the policy was
in force during such a grace period.
2. A provision that the validity of the policy may not be contested except for nonpayment
of premiums, after it has been in force for two years from its date of issue; and that no
statement made by any person insured under the policy relating to insurability may be
used in contesting the validity of the insurance with respect to which the statement
was made after the insurance has been in force prior to the contest for a period of two
years during the insured's lifetime nor unless it is contained in a written instrument
signed by the insured; provided, however, that no such provision may preclude the
assertion of any time of defenses based upon provisions in the policy which relate to
eligibility for coverage.
3. A provision that a copy of the application, if any, of the policyholder will be attached to
the policy when issued, that all statements made by the policyholder or by the persons
insured are representations and not warranties, and that no statement made by any
insured may be used in any contest unless a copy of the instrument containing the
statement is or has been furnished to the insured or, in the event of death or incapacity
of the insured, to the insured's beneficiary or personal representative.
4. A provision setting forth the conditions, if any, under which the insurer reserves the
right to require a person eligible for insurance to furnish evidence of individual
insurability satisfactory to the insurer as a condition to part or all of the individual's
coverage.
5. A provision specifying an equitable adjustment of premiums or of benefits or of both to
be made if the age of an insured has been misstated. The provision must contain a
clear statement of the method of adjustment to be made.
6. A provision that any sum becoming due by reason of the death of an insured is
payable to the beneficiary designated by the insured, except that when the policy
contains conditions pertaining to family status the beneficiary may be the family
member specified by the policy terms, subject to the provisions of the policy in the
event there is no designated beneficiary, as to all or any part of such sum, living at the
death of the insured and subject to any right reserved by the insurer in the policy and
set forth in the certificate to pay at its option a part of such sum not exceeding five
thousand dollars to any person appearing to the insurer to be equitably entitled thereto
by reason of having incurred funeral or other expenses incident to the last illness or
death of the person insured.
7. If the group life insurance policy is on a plan of insurance other than the term plan, a
nonforfeiture provision which in the opinion of the commissioner is equitable to the
insureds and to the policyholder, but this does not require the policy to contain the
same nonforfeiture provision required for an individual life insurance policy.
8. A provision that the insurer will issue to the policyholder for delivery to each insured a
certificate setting forth a statement as to the insurance protection to which that person
is entitled, a statement as to any dependent's coverage included in the certificate, and
the rights and conditions set forth in subsections 9, 10, 11, and 12.
9. A provision that if the insurance, or any portion of it, on an insured or on the dependent
of an insured, ceases because of termination of employment or of membership in the
class or classes eligible for coverage under the policy, the insured is entitled to have
issued to the insured by the insurer, without evidence of insurability, an individual life
insurance policy without disability or other supplementary benefits, provided
application for the individual policy is made, and the first premium paid to the insurer,
within thirty-one days after such termination, and provided further that:
a. The individual policy must, at the option of such person, be on any one of the
forms then customarily issued by the insurer at the age and for the amount

applied for, except that the group policy may exclude the option to elect term
insurance;
b. The individual policy must be in an amount not in excess of life insurance which
ceases because of such termination, less the amount of life insurance for which
the person becomes eligible under the same or any other group policy within
thirty-one days after termination, provided that any amount of insurance which
has matured on or before the date of termination as an endowment payable to
the person insured, whether in one sum or in installments or in the form of an
annuity, may not, for purposes of this provision, be included in the amount which
is considered to cease because of the termination; and
c. The premium on the individual life insurance policy is at the insurer's then
customary rate applicable to the form and amount of the individual policy, to the
class of risk to which such person then belongs, and to the individual age attained
on the effective date of the individual policy.
Subject to the same conditions set forth above, the conversion privilege must be
available to a surviving dependent, if any, at the death of the employee or member,
with respect to the coverage under the group policy which terminates by reason of
such death and to the dependent of the employee or member upon termination of
coverage of the dependent, while the employee or member remains under the group
policy, by reason of the dependent ceasing to be a qualified family member under the
group policy.
10. A provision that if the group policy terminates or is amended so as to terminate the
insurance of any class of insured persons, every insured at the date of termination
whose insurance terminates, including the insured dependent of a covered person,
and who has been so insured for at least five years prior to the termination date is
entitled to have issued by the insurer an individual life insurance policy, subject to the
same conditions and limitations as are provided by subsection 9, except that the group
policy may provide that the amount of such individual policy may not exceed the
smaller of:
a. The amount of the person's life insurance protection ceasing because of the
termination or amendment of the group policy, less the amount of any life
insurance for which the person is or becomes eligible under a group policy issued
or reinstated by the same or another insurer within thirty-one days after such
termination; or
b. Ten thousand dollars.
11. A provision that if an insured, or the insured dependent of a covered person, dies
during the period within which the individual would have been entitled to have an
individual life insurance policy issued in accordance with subsection 9 or 10 and
before such an individual policy has become effective, the amount of life insurance that
the insured would have been entitled to have issued under the individual policy is
payable as a claim under the group policy, whether or not application for the individual
policy or the payment of the first premium therefor has been made.
12. When active employment is a condition of insurance, a provision that an insured may
continue coverage during the insured's total disability by timely payment to the
policyholder of that portion, if any, of the premium that would have been required from
the insured had total disability not occurred. The continuation shall be on a premium
paying basis for a period of six months from the date on which the total disability
started, but not beyond the earlier of:
a. Approval by the insurer of continuation of the coverage under any disability
provision which the group policy may contain; or
b. The discontinuance of the group policy.
13. A provision that the settlement of a death claim must be made upon receipt of due
proof of death, or not later than two months after receipt of the proof of death, and
must include reasonable interest accrued from the date of death so long as a proof of
death is filed within one hundred eighty days after the date of the death.