58-11A-1      Definitions.
58-11A-2      Policies subject to chapter.
58-11A-3      Reading ease--Printing--Style--Index or table of contents.
58-11A-4      Alternate reading ease tests.
58-11A-5      Certificate concerning reading ease--Additional information--Evaluation of attachments to policy.
58-11A-6      Variation of reading ease requirement--Grounds.
58-11A-7      Other laws governing policy contents.
58-11A-8      Dates after which policies must comply with this chapter--Extension.
58-11A-9      Law permitting issuance of policies after form on file for specified period.

58-11A-1. Definitions.

Terms used in this chapter, unless the context otherwise clearly requires:

(1)    "Company" or "insurer," any life or health insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofit medical service corporation, prepaid health plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization, or any similar organization;

(2)    "Policy" or "policy form," any policy, contract, plan, or agreement of life or health insurance, including credit life insurance and credit health insurance, delivered or issued for delivery in this state by any company subject to this chapter; any certificate, contract or policy issued by a fraternal benefit society; and any certificate issued pursuant to a group insurance policy delivered or issued for delivery in this state;

(3)    "Text," all printed matter except the following:

(a)    The name and address of the insurer; the name, number, or title of the policy; the table of contents or index; captions and subcaptions; specification pages, schedules, or tables; and

(b)    Any policy language which is drafted to conform to the requirements of any federal law, regulation, or agency interpretation; any policy language required by any collectively bargained agreement; any medical terminology; any words which are defined in the policy; and any policy language required by law or regulation. However, the insurer may identify the language or terminology excepted by this section and may certify, in writing, that the language or terminology is entitled to be excepted by this section.

Source: SL 1981, ch 360, § 1.

58-11A-2. Policies subject to chapter.

This chapter applies to any policy delivered or issued for delivery in this state by any company on or after the date such forms must be approved under this chapter, but nothing in this chapter applies to:

(1)    Any policy which is a security subject to federal jurisdiction;

(2)    Any group policy covering a group of one thousand or more lives at date of issue, other than a group credit life insurance policy or a group credit health insurance policy. However, this may not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;

(3)    Any group annuity contract which serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans;

(4)    Any form used in connection with, as a conversion from, as an addition to or in exchange pursuant to a contractual provision for a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates such forms must be approved under this chapter; or

(5)    The renewal of a policy delivered or issued for delivery prior to the dates such forms must be approved under this chapter.

Source: SL 1981, ch 360, § 2.

58-11A-3. Reading ease--Printing--Style--Index or table of contents.

In addition to any other requirements of law, no policy forms, except as stated in § 58-11A-4, may be delivered or issued for delivery in this state on or after the dates such forms must be approved under this chapter, unless:

(1)    The text achieves a minimum score of forty on the Flesch Reading Ease Test or an equivalent score on any other comparable test;

(2)    It is printed, except for specification pages, schedules, and tables, in not less than ten point type, one point leaded;

(3)    The style, arrangement, and overall appearance of the policy give no undue prominence to any portion of the text of this policy or to any endorsements or riders; and

(4)    It contains a table of contents or an index of the principal sections of the policy if the policy has more than three thousand words printed on three or fewer pages of text or if the policy has more than three pages, regardless of the number of words.

Source: SL 1981, ch 360, § 3.

58-11A-4. Alternate reading ease tests.

Other reading tests may be approved by the director of the Division of Insurance for use as an alternative to the Flesch Reading Ease Tests if it is comparable in result to the Flesch Reading Ease Test.

Source: SL 1981, ch 360, § 4.

58-11A-5. Certificate concerning reading ease--Additional information--Evaluation of attachments to policy.

Filings subject to this chapter shall be accompanied by a certificate signed by an officer of the insurer stating that it meets the minimum reading ease score on the test used or stating that the score is lower than the minimum required by § 58-11A-3 but should be approved in accordance with § 58-11A-7. To confirm the accuracy of any certification, the director of the Division of Insurance may require the submission of further information to verify the certification in question. At the option of the insurer, riders, endorsements, applications, and other forms made a part of the policy may be scored as separate forms or as part of the policy with which they may be used.

Source: SL 1981, ch 360, § 5.

58-11A-6. Variation of reading ease requirement--Grounds.

The director of the Division of Insurance may authorize a lower score than the Flesch Reading Ease Score required in § 58-11A-3 whenever, in his sole discretion, he finds that a lower score will provide a more accurate reflection of the readability of a policy form, is warranted by the nature of a particular policy form or type or class of policy forms or is caused by certain policy language which is drafted to conform to the requirements of any state law, regulation, or agency interpretation.

Source: SL 1981, ch 360, § 6.

58-11A-7. Other laws governing policy contents.

A policy form meeting the requirements of § 58-11A-3 shall be approved notwithstanding the provisions of any other laws which specify the content of policies if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such laws.

Source: SL 1981, ch 360, § 7.

58-11A-8. Dates after which policies must comply with this chapter--Extension.

Except as provided in § 58-11A-2, this chapter applies to all policy forms filed on or after July 1, 1983. No policy form may be delivered or issued for delivery in this state on or after July 1, 1986, unless approved by the director of the Division of Insurance or permitted to be issued under this chapter. Any policy form which has been approved or permitted to be issued prior to July 1, 1986, and which meets the standards set by this chapter, need not be refiled for approval but may continue to be lawfully delivered or issued for delivery in this state upon the filing with the director of a list of such forms identified by form number and accompanied by a certificate as to each such form in the manner provided in § 58-11A-5. The director may, in his sole discretion, extend the dates in this section.

Source: SL 1981, ch 360, § 8.

58-11A-9. Law permitting issuance of policies after form on file for specified period.

Nothing in this chapter may be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified.

Source: SL 1981, ch 360, § 9.