§431:12-105 - Mass merchandising requirements.
§431:12-105 Mass merchandising
requirements. Mass merchandising of insurance and every mass merchandising
plan shall be subject to the following conditions:
(1) The insurance offered shall be open to
participation by or be available to every employee of the employer who meets
the underwriting requirements of the insurer.
(2) The insurance shall be offered without
discrimination against any employee as to rates, forms, or coverages. Nothing
herein shall preclude the establishment of different classes of risks.
(3) Upon the termination of employment or upon the
termination of the mass merchandising agreement, an insured employee shall have
the option of continuing the employee's participation in a group policy or the
employee's individual policy then in force for a period of one year upon
payment of the applicable premium; provided that the employee shall exercise
the employee's option within thirty days following the date of the
termination. The terms, conditions, and coverages for the one-year period are
those that were effective on the date of termination and shall not be more
restrictive than those contained in the mass merchandising agreement, the group
policy, or the individual policy in force immediately prior to the date of
termination.
(4) The insurer shall issue a certificate or other
evidence of participation to every member covered under a group policy and a
policy of insurance to every member insured under an individual policy.
(5) The insurance offered shall not be contingent
upon the purchase of any other insurance, product, or service; nor shall the
purchase of any other insurance, product, or service be contingent upon the
purchase of the motor vehicle, property, and casualty insurance offered. [L
1987, c 347, pt of §2; am L 2000, c 24, §11]