§ 26-37-125 — Types of mechanical breakdown insurance; policy and certificate forms; issuance of policies and certificates

(a) A mechanical breakdown insurer and a mechanical
breakdown insurance organization may write mechanical breakdown
insurance as individual, group, blanket or franchise insurance.
Each contractual obligation for mechanical breakdown insurance
shall be evidenced by a policy. Any insured person under a
group policy shall be issued a certificate of coverage.
(b) No policy or certificate of mechanical breakdown
insurance shall be issued in this state unless a copy of the
form has been filed with and approved by the commissioner.
(c) The commissioner shall not approve any form that does
not meet the following requirements:
(i) Policies shall contain a list and description of
the mechanical breakdown payments promised or the mechanical
breakdowns for which expenses are to be reimbursed, any limits
on the amounts to be paid or reimbursed and procedures to be
followed by the insured and the insurer in the event of a claim;
(ii) Policies and certificates shall indicate the
name of the insurer and the full address of its principal place
of business;
(iii) Certificates issued under group policies shall
contain a full statement of the benefits provided, any
exceptions and claim procedures but may summarize the other
terms of the master policy; and
(iv) No policy except a policy issued by a mutual or
reciprocal insurance company may provide for assessments on
policyholders or for reduction of benefits for the purpose of
maintaining the insurer's solvency.
(d) The department may disapprove a policy or certificate
form if it finds that it:
(i) Is unfair, unfairly discriminatory, misleading,
ambiguous or encourages misrepresentation or misunderstanding of
the contract;
(ii) Provides coverage or benefits or contains other
provisions that endanger the insurer's solvency; or
(iii) Is contrary to law.