31A-22-612 - Conversion privileges for insured former spouse.
31A-22-612. Conversion privileges for insured former spouse.
(1) An accident and health insurance policy, which in addition to covering the insuredalso provides coverage to the spouse of the insured, may not contain a provision for terminationof coverage of a spouse covered under the policy, except by entry of a valid decree of divorce orannulment between the parties.
(2) Every policy which contains this type of provision shall provide that upon the entryof the divorce decree the spouse is entitled to have issued an individual policy of accident andhealth insurance without evidence of insurability, upon application to the company and paymentof the appropriate premium. The policy shall provide the coverage being issued which is mostnearly similar to the terminated coverage. Probationary or waiting periods in the policy areconsidered satisfied to the extent the coverage was in force under the prior policy.
(3) When the insurer receives actual notice that the coverage of a spouse is to beterminated because of a divorce or annulment, the insurer shall promptly provide the spousewritten notification of the right to obtain individual coverage as provided in Subsection (2), thepremium amounts required, and the manner, place, and time in which premiums may be paid. The premium is determined in accordance with the insurer's table of premium rates applicable tothe age and class of risk of the persons to be covered and to the type and amount of coverageprovided. If the spouse applies and tenders the first monthly premium to the insurer within 30days after receiving the notice provided by this subsection, the spouse shall receive individualcoverage that commences immediately upon termination of coverage under the insured's policy.
(4) This section does not apply to accident and health insurance policies:
(a) offered on a group blanket basis; or
(b) that comply with Section 31A-22-723.
Amended by Chapter 108, 2004 General Session