31A-22-902 - Fraternal contract.
31A-22-902. Fraternal contract.
(1) A fraternal shall issue to each benefit member a policy or certificate specifying thebenefits provided and containing at least the substance of all sections of the laws of the fraternalwhich might result in the termination of coverage or the reduction of benefits. The policy orcertificate, any riders or endorsements attached to them, the laws of the fraternal, and theapplication and declarations made in connection with these which are signed by the applicant,constitute the agreement between the fraternal and the member, and the policy or certificate shallstate this.
(2) Any changes in the laws of a fraternal which are made subsequent to the issuance of apolicy or certificate bind the member and beneficiary as if they had been in force at the time ofthe application, so long as they do not destroy or diminish any benefits provided in the policy orcertificate.
(3) Copies of any documents mentioned in Subsections (1) and (2), certified by thesecretary or corresponding officer of the fraternal, are evidence of the terms and conditions of thecontract.
(4) Section 31A-21-106 does not apply to fraternal contracts.
(5) If a fraternal's laws provide for expulsion or suspension of a member for any reasonother than nonpayment of premium, the fraternal's insurance certificate shall contain a provisionthat if a member is expelled or suspended for any reason other than nonpayment of premium, theexpelled member has the right to maintain the policy in force by continuing to pay the requiredpremium.
(6) The policy or certificate shall contain a maintenance of solvency provision pursuantto Subsection 31A-9-209(2).
(7) This section applies to all contracts made by a fraternal beginning July 1, 1986. Afraternal may elect to have this section apply at an earlier date, as long as it appliessimultaneously to all of its contracts and the fraternal gives the commissioner at least 30 daysnotice of its intention to apply this section.
Amended by Chapter 204, 1986 General Session