§431:10A-104 - Form of policy.
§431:10A-104 Form of policy. (a) Apolicy of accident and health or sickness insurance shall neither be deliverednor issued for delivery to any person in this State unless:
(1) The entire monetary and other considerations areexpressed in the policy;
(2) The time at which the insurance takes effect andterminates is expressed in or determinable from the policy;
(3) It purports to insure only one person, exceptthat a policy may provide family coverage as defined in section 431:10A-103 orreciprocal beneficiary family coverage as defined in section 431:10A-601;
(4) The style, arrangement, and overall appearance ofthe policy give no undue prominence to any portion of the text, and unlessevery printed portion of the text of the policy and of any endorsements orattached papers is plainly printed in light-faced type of a style in generaluse, the size of which shall be uniform and not less than ten point with alower case unspaced alphabet length not less than one hundred twenty point. The text shall include all printed matter except the name and address of theinsurer, name or title of the policy, a brief description, if any, and captionsand subcaptions;
(5) The exceptions and reductions of indemnity areset forth in the policy and, except for the required and optional provisionsset forth in sections 431:10A-105 and 431:10A-106, are printed, at theinsurer's option, either included with the benefit provision to which theyapply, or under an appropriate caption such as exceptions, or exceptions and reductions;provided that if an exception or reduction specifically applies only to aparticular benefit of the policy, a statement of the exception or reductionshall be included with the benefit provision to which it applies;
(6) Each policy form, including riders andendorsements, shall be identified by a form number in the lower left-handcorner of the first page; and
(7) It does not contain any provision purporting tomake any portion of the charter, rules, constitution, or bylaws of the insurera part of the policy unless such portion is set forth in full in the policy,except in the case of the incorporation of, or reference to, a statement ofrates or classification of risks, or short-rate table filed with thecommissioner.
(b) If any policy is issued by an insurerdomiciled in this State for delivery to a person residing in a territory,district or another state of the United States, and if the official havingresponsibility for the administration of the insurance laws of such state,district or territory shall have advised the commissioner that the policy isnot subject to approval or disapproval by the official, the commissioner may byruling require that the policy meet the standards set forth in subsection (a)and in section 431:10A-105 and section 431:10A-106. [L 1987, c 347, pt of §2;am L 1997, c 383, §5; am L 2002, c 155, §51; am L 2004, c 122, §30]