44jc

    On page 1, line 9, of the printed bill, overstrike "either".

    On page 1, line 10, after "Fraudulent" insert "or an intentional misrepresentation of a material fact".

    On page 2, between lines 2 and 3, insert:

"

    With respect to any health insurance policy or certificate, subdivisions (2) and (3) of this section only apply to excepted benefits.".

    On page 2, after line 7, insert:

"    Section 2. That chapter 58-11 be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in § 58-11-44 prohibits an insurer or an insurer's representative from:

            (1)    Requesting information from an applicant for the purpose of determining that applicant's insurability; or

            (2)    Underwriting an application or declining coverage based upon that applicant's failure to meet the insurer's underwriting requirements.".