40-19a06. Subscription agreements.
40-19a06
40-19a06. Subscription agreements.(a) No subscription agreement, except as provided in subsection (d) ofthis section, between any such corporation and a subscriber, shall entitlemore than one person to benefits, except that a "family subscriptionagreement" may be issued, at an established subscription charge, to ahusband and wife, or husband, wife and their dependent child or childrenand any other person dependent upon the policyholder. Only the subscribermust be named in the subscription agreement.
(b) Every subscription agreement entered into by any such corporationwith any subscriber thereto shall be in writing and a certificate statingthe terms and conditions thereof shall be furnished to the subscriber to bekept by him. No such certificate shall be made, issued or delivered in thisstate unless it contains the following provisions: (1) A statement of thenature of the benefits to be furnished and the period during which theywill be furnished, and if there are any benefits to be excepted, a detailedstatement of such exceptions printed as hereinafter specified; (2) astatement of the terms and conditions, if any, upon which the subscriptionagreement may be cancelled or otherwise terminated at the option of eitherparty; (3) a statement that the subscription agreement includes theendorsements thereon and attached papers, if any, and contains the entirecontract; (4) a statement that no statement by the subscriber in hisapplication for a subscription agreement shall avoid the subscriptionagreement or be used in any legal proceeding thereunder, unless suchapplication or an exact copy thereof is included in or attached to suchsubscription agreement, and that no agent or representative of suchcorporation, other than an officer or officers designated therein, isauthorized to change the subscription agreement or waive any of itsprovisions; (5) a statement that if the subscriber defaults in making anypayments under the subscription agreement, the subsequent acceptance of apayment by the corporation or by one of its duly authorized agents shallreinstate the subscription agreement but with respect to sickness andinjury, only to cover such sickness as may be first manifested more thanten (10) days after the date of such acceptance; (6) a statement of theperiod of grace which will be allowed the subscriber for making any paymentdue under the subscription agreement. Such period shall not be less thanten (10) days.
(c) In every such subscription agreement made, issued or delivered inthis state: (1) All printed portions shall be plainly printed; (2) theexceptions of the subscription agreement shall appear with the sameprominence as the benefits to which they apply; and (3) if the subscriptionagreement contains any provisions purporting to make any portion of thearticles of incorporation or bylaws of the corporation a part of thesubscription agreement, such portion shall be set forth in full.
(d) A dental service corporation may issue a group or blanketsubscription agreement provided the group of persons thereby coveredconforms to the requirements of law applicable to companies writing groupor blanket sickness and accident insurance policies and provided suchsubscription agreement and the individual certificates issued to members ofthe group shall comply in substance with this section. Any suchsubscription agreement may provide for the adjustment of the subscriptioncharges based upon the experience thereunder at the end of the first yearor of any subsequent year of insurance thereunder and such readjustment maybe made retroactive in the form of a rate credit or a cash refund.
History: L. 1972, ch. 174, § 6; July 1.