ARTICLE
10A



ACCIDENT
AND HEALTH OR SICKNESS INSURANCE CONTRACTS



 



Note



 



  Article heading amended by L 2002, c 155, §48.



 



Cross References



 



  Conformance to federal law, see §431:2-201.5.



  Federally qualified health centers; rural health clinics;
reimbursement, see §346-53.6.



  Health maintenance organization act, see chapter 432D.



  Medicaid-related mandates, see chapter 431L.



  Mental health and alcohol and drug abuse treatment insurance
benefits, see chapter 431M.



  Patients' bill of rights and responsibilities act, see
chapter 432E.



  Proposed mandatory health insurance coverage and assessment
report, see §§23-51, 52.



  State health insurance program, see chapter 431N.



 



Attorney General Opinions



 



  Section 431:10A-601 applied to all parts of article 10A if
the category of policy under consideration included family coverage, as defined
in §431:10A-103.  Att. Gen. Op. 97-10.



  The placement of §431:10A-601 in this article, regulating
content of insurance contracts, makes clear that the legislative intent was to
mandate benefits that must be made available by insurers that write contracts
of insurance providing family coverage.  Att. Gen. Op. 97-10.



 



PART I. 
INDIVIDUAL ACCIDENT AND HEALTH



OR
SICKNESS POLICIES



 



Note



 



  Part heading amended by L 2002, c 155, §48.



 



Attorney General Opinions



 



  Section 431:10A-601 applied to all parts of article 10A if
the category of policy under consideration included family coverage, as defined
in §431:10A-103.  Att. Gen. Op. 97-10.



 



Case Notes



 



  Under this article and §431:10A-105(2)(A)(ii), standard
"incontestability clause" of contract precluded insurer from denying
insured "total disability benefit" contracted for, notwithstanding
that HIV infection that caused the disability arguably "manifested"
itself prior to policy's effective date of coverage.  86 H. 262, 948 P.2d 1103.



 



§431:10A-101  Applications and exceptions. 
This part shall apply to all policies of accident and health or sickness
insurance delivered or issued for delivery in this State, except that nothing
in this part shall apply to or affect:



(1)  Any policy of workers' compensation insurance or
any policy of vehicle or liability insurance with or without supplementary
coverage therein;



(2)  Any policy or contract of reinsurance;



(3)  Any blanket or group policy of insurance; or



(4)  Life insurance, endowment, or annuity contracts,
or contracts supplemental thereto which contain only such provisions relating
to accident and health or sickness insurance as:



(A)  Provide additional benefits in case of
death, dismemberment, or loss of sight by accident; or



(B)  Operate to safeguard such contracts
against lapse, or to give a special surrender value, special benefit, or an
annuity in the event that the insured or annuitant shall become totally and
permanently disabled, as defined by the contract or supplemental contract. [L
1987, c 347, pt of §2; am L 2002, c 155, §49]