PART II. 
GROUP AND BLANKET DISABILITY INSURANCE



 



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.



 



§431:10A-201  Definitions.  For the
purposes of this article:



(1)  (A)  Blanket disability insurance policy means
any policy or contract of accident and health or sickness insurance which
conforms with the description and complies with one of the following
requirements:



(i)  A policy issued to any common carrier of
passengers, which carrier shall be deemed the policyholder, covering a group
defined as all persons who may become such passengers, and whereby such
passengers shall be insured against loss or damage resulting from death or
bodily injury either while, or as a result of, being such passengers.



(ii)  A policy issued in the name of any
volunteer fire department, first aid or ambulance squad, or volunteer police
organization, which shall be deemed the policyholder, and covering all the
members of any such organization against loss from accidents resulting from
hazards incidental to duties in connection with such organizations.



(iii)  A policy issued in the name of any
established organization whether incorporated or not, having community
recognition and operated for the welfare of the community and its members and
not for profit, which shall be deemed the policyholder, and covering all
volunteer workers who serve without pecuniary compensation and the members of
the organization, against loss from accidents occurring while engaged in the
actual performance of duties on behalf of such organization or in the
activities thereof.



(iv)  A policy issued to an employer, who shall
be deemed the policyholder, covering any group of employees defined by
reference to exceptional hazards incident to such employment, insuring such
employees against death or bodily injury resulting while, or from, being
exposed to such exceptional hazards.



(v)  A policy covering students or employees
issued to a college, school, or other institution of learning or to the head or
principal thereof, who or which shall be deemed the policyholder.



(vi)  A policy issued to a substantially similar
group who, in the discretion of the commissioner, may be properly eligible for
blanket disability insurance.



(B)  Nothing in this section shall be deemed to
affect the liability of policyholders for the death of or injury to, any such
member of such group.



(C)  Individual applications shall not be
required from individuals covered under a blanket disability insurance
contract.



(2)  The term employees shall be deemed to include as
employees of a single employer, the compensated officers, managers, and
employees of the employer and of subsidiary or affiliated corporations of a
corporation employer, and the individual proprietors, partners, and employees
of individuals and firms of which the business is under common control through
stock ownership, contract, or otherwise.  The policy may provide that the term
employees shall include the individual proprietor or partners if the employer
is an individual proprietor or a partnership.  The term employee may be deemed
to include retired employees.



(3)  The term employer shall be deemed to include any
municipal corporation or governmental unit, agency, or department thereof as
well as private individuals, firms, corporations, and other persons.



(4)  Group disability insurance means that form of
accident and health or sickness insurance covering groups of persons, with or
without their dependents and family members, and issued under a master policy
to:



(A)  Such groups as qualify for group life
insurance under [sections] 431:10D-201 to 431:10D-211 of this code; or



(B)  An automobile club formed for purposes
other than obtaining group insurance, covering the members of the club. [L
1987, c 347, pt of §2; am L 2002, c 155, §60]