Sec. 38a-297. (Formerly Sec. 38-68u). Definition of readable language. Certification.
Sec. 38a-297. (Formerly Sec. 38-68u). Definition of readable language. Certification. (a) For the purposes of sections 38a-295 to 38a-300, inclusive, a policy shall be
deemed readable if: (1) The text achieves a minimum score of forty-five on the Flesch
reading ease test as computed in section 38a-298 or an equivalent score on any other
test comparable in result and approved by the commissioner, (2) it is printed, except for
specification pages, schedules and tables, in not less than ten-point type, one-point
leaded, of a height and style specified by the commissioner in regulations adopted in
accordance with the provisions of chapter 54, (3) it uses layout and spacing which
separate the paragraphs from each other and from the border of the paper, (4) it has
section titles captioned in boldface type or which otherwise stand out significantly from
the text, (5) it avoids the use of unnecessarily long, complicated or obscure words,
sentences, paragraphs or constructions, (6) the style, arrangement and overall appearance of the policy give no undue prominence to any portion of the text of the policy or
to any endorsements or riders and (7) 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 or if
the policy has more than three pages. To be deemed readable, each policy of individual
health insurance shall include a separate outline of coverage showing the major coverage, benefit, exclusion and renewal provisions of the policy in readily understandable
terms, provided the policy shall take precedence over the outline of coverage.
(b) The commissioner may authorize a lower score than the Flesch reading ease
score required in subsection (a) whenever he finds that a lower score (1) will provide a
more accurate reflection of the readability of a policy form; (2) is warranted by the
nature of a particular policy form or type or class of policy forms; or (3) is the result of
language which is used to conform to the requirements of any state or federal law,
regulation or governmental agency.
(c) Filings subject to this section shall be accompanied by a certification signed by
an officer of the insurer stating that it meets the requirements of subsection (a) of this
section. Such certification shall state that the policy meets the minimum reading ease
score on the test used or that the score is lower than the minimum required but should
be approved in accordance with subsection (b) of this section. The commissioner may
require the submission of further information to verify any certification.
(d) Any non-English-language policy shall be deemed to be in compliance with
subsection (a) of this section if the insurer certifies that such policy is translated from
an English-language policy which complies with subsection (a).
(P.A. 79-300, S. 3; P.A. 81-110, S. 1, 3; P.A. 84-188.)
History: P.A. 81-110 provided that a policy is readable if the required type size is of a height and style specified by the
commissioner in regulations; P.A. 84-188 amended Subsec. (a) to require that each policy of individual health insurance
shall include a separate outline of coverage, explaining the major terms of the policy; Sec. 38-68u transferred to Sec. 38a-297 in 1991.
Cited. 225 C. 165. Cited. 239 C. 537.