§ 38-71-330 — Form of policies.

No policy of accident and health insurance may be delivered or issued for delivery to any person in this State unless: (1) The entire money and other considerations therefor are expressed therein. (2) The time at which the insurance takes effect and terminates is expressed therein. (3) It purports to insure only one individual, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who is considered the policyholder, any two or more eligible members of that family, including husband, wife, dependent children, or any children under a specified age which may not exceed nineteen years, and any other individual dependent upon the policyholder. (4) The style, arrangement, and overall appearance of the policy give no undue prominence to any portion of the text and every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in light-faced type of a style in general use, the size of which must be uniform and not less than ten-point with a lower-case unspaced alphabet length not less than one-hundred-and-twenty-point (the "text" includes 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 are set forth in the policy and, except those which are set forth in SECTIONS 38-71-340 and 38-71-370, are 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". However, if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction must be included with the benefit provision to which it applies. (6) Each form, including riders and endorsements, is identified by a form number in the lower left-hand corner of the first page thereof. (7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless that 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 risks or short-rate table filed with the department.

Legislative History

HISTORY: Former 1976 Code SECTION 38-35-420 [1947 (45) 322; 1948 (45) 1734; 1952 Code SECTION 37-472, 37-500; 1956 (49) 2029; 1962 Code SECTION 37-472] recodified as SECTION 38-71-330 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 757.