Title 20 — Insurance

A. Any individual who believes cancellation of the individual's policy is arbitrary, capricious or otherwise in violation of this article, who believes nonrenewal is in violation of this article or who believes notice of nonrenewal or cancellation, or the reasons for nonrenewal o…

The director or any person who in good faith furnishes to the insured or insurer information as to reasons for cancellation or nonrenewal of a motor vehicle policy shall not be liable to any party for providing such information.

This article shall apply to policies of insurance, other than motor vehicle insurance and workers' compensation insurance, on risks located or resident in this state which insure any of the following contingencies: 1. Loss of or damage to real property which is used predominantly…

A. After a policy has been in effect for sixty days or, if the policy is a renewal, effective immediately, a notice of cancellation is not effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following: 1. Nonpayment of pre…

All notices of cancellation or nonrenewal shall be in writing, shall be sent to the named insured and shall state, with respect to cancellation of policies in effect after the time limits specified in section 20-1652 and, in the case of nonrenewal of policies as specified in sect…

A. Unless the insurer, at least thirty days before the end of the policy period, sends to the named insured notice of its intention not to renew the policy or to condition its renewal on reduction of limits or elimination of coverages, the insurer shall not fail to renew the poli…

There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer or its authorized representatives, agents or employees, or any licensed insurance producer, for any statement made, unless shown to have been made in bad faith with m…

A. Proof of sending a notice of cancellation and the reasons for cancellation or of intention not to renew to the named insured by mail at the address shown in the policy is sufficient proof of the notice required by this article. B. Any method of proof retained by the insurer fo…

A. In this article, unless the context otherwise requires: 1. "Direct response solicitation" means any offer by an insurer to persons in this state, either directly or through a third party, to effect life or health insurance coverage which enables the individual to apply or enro…

An insurer extending mass marketed life or health insurance under a group or blanket policy issued outside this state to residents of this state shall, before offering coverage to the citizens of this state: 1. Make available for the purpose of determining compliance with this ar…

A. No mass marketed life or health insurance may continue to be transacted in this state if the director finds that the total charges for the insurance to the persons who are insured are unreasonable in relation to the benefits provided. The director shall make any such finding a…

This article applies to commercial property insurance policies, commercial liability policies and commercial multi-peril insurance policies other than automobile policies. This article does not apply to any of the following: 1. Life and disability insurance. 2. Annuities. 3. Work…

In this article, unless the context otherwise requires: 1. "Cancellation" means termination of a policy at a date other than its expiration date. 2. "Expiration date" means the date on which coverage under a policy ends as set forth in the policy. For a policy written for a term …

A. No insurer may cancel an insurance policy before the expiration of the agreed term or one year from the effective date of the policy or renewal, whichever is less, if one of the following is true: 1. The policy has been in effect for sixty days. 2. The policy is a renewal, eff…

A. A cancellation under section 20-1673 is not effective unless the insurer sends a copy of the notice of cancellation to the insured's agent and to the named insured at least forty-five days before the effective date of the cancellation, except that, if cancellation is for nonpa…

There is no liability on the part of and no cause of action of any nature arises against any insurer or its authorized representatives, agents or employees, or any licensed insurance producer, for any statement made, unless shown to have been made in bad faith with malice, in any…

A. This article does not apply to the nonrenewal of insurance policies except as provided in subsection B of this section. B. A nonrenewal of any policy of insurance to which this article applies is not effective unless the insurer sends a copy of the notice of nonrenewal to the …

A. An insurer shall send to the named insured written notice of a premium increase, change in deductible or reduction in limits or substantial reduction in coverage at least thirty days before the expiration date of the policy. If the insurer fails to provide the thirty days' not…

A. Proof of sending a notice of cancellation, or of nonrenewal or of premium or coverage changes, by mail to the named insured at the address shown in the policy is sufficient proof of notice. B. Any method of proof retained by the insurer for sending a notice of cancellation, or…

This article applies only to policies with coverage effective dates that are after the effective date of this article.

In this article, unless the context otherwise requires: 1. "Applicant" means: (a) In the case of an individual long-term care insurance policy, the person who seeks to contract for such benefits. (b) In the case of a group long-term care insurance policy, the proposed certificate…

A. Except as otherwise provided in this article, this article applies to all long-term care insurance policies delivered or issued for delivery in this state. This article does not supersede the obligations of any person subject to this article to comply with other applicable ins…

The director may adopt reasonable rules to implement this article, including rules that: 1. Establish specific standards for policy provisions of long-term care insurance policies, including terms of renewability, initial and subsequent conditions of eligibility, nonduplication o…

A. No insurer may cancel, fail to renew or otherwise terminate a long-term care insurance policy solely on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder. B. No long-term care insurance policy may conta…

A. Before advertising, marketing or offering a policy within this state issued to a group defined in section 20-1691, paragraph 4, subdivision (c), the association or the insurer of the association shall file evidence with the director that the association meets all of the follow…

A. A long-term care insurance policy delivered or issued for delivery in this state on or after July 1, 1990 shall not condition availability of benefits on prior hospitalization. B. A long-term care insurance policy delivered or issued for delivery in this state on or after the …

A. An outline of coverage shall be delivered to an applicant for a long-term care insurance policy at the time of initial solicitation through means that prominently direct the recipient’s attention to the document and its purpose. In the case of direct response solicitations, th…

A. A person insured under a long-term care insurance policy or certificate shall have the right to return the policy or certificate within thirty days of its delivery and to have the premium refunded if, after examination, the insured person is not satisfied for any reason. Long-…

A. A person shall not deliver or issue for delivery in this state any long-term care insurance policy or rate unless the person has first filed the form or rate with the director and the director has approved the form or rate. Unless the director issues an order affirmatively app…

In addition to any other penalty provided by law, an insurer or insurance producer who is found to have violated any provision relating to the regulation of long-term care insurance or the marketing of long-term care insurance is subject to a civil penalty of up to three times th…

A. If a policy or certificate has been in force for less than six months, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim only on a showing of misrepresentation that is material to the acceptance fo…

A. Except as provided in subsection B of this section, a person shall not deliver or issue for delivery in this state a long-term care insurance policy unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate with a nonforfei…

A. An individual may not sell, solicit or negotiate long-term care insurance unless the individual: 1. Is licensed as an insurance producer for accident and health or sickness. 2. Has completed eight hours of initial long-term care training. 3. Has completed four hours of long-te…

In this article, unless the context otherwise requires: 1. "Alternate recipient" means a child of a participant who has a right to enrollment under a group health plan pursuant to a medical child support order. 2. "Child" means an individual who is under eighteen years of age as …

A. If a group health plan provides coverage for the dependent children of participants or beneficiaries under the plan, the plan shall provide benefits to any dependent children who are placed with the participants or beneficiaries for adoption under the same terms and conditions…

A. An insurer, hospital and medical service corporation, health care services organization group health plan shall not consider the availability of or a person's eligibility for medical assistance pursuant to title XIX of the social security act (P.L. 89-97; 79 Stat. 344; 42 Unit…

A. Insurers, hospital and medical service corporations, health care services organizations, group health plans and prepaid dental plans shall not deny enrollment of a child under a policy, certificate, evidence of coverage or contract of a child's parent for any of the following …

In this article, unless the context otherwise requires: 1. "Customer" means a person who purchases portable electronics or services. 2. "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronic…

A. The director may issue, and a vendor who intends to sell or offer insurance coverage under a portable electronics insurance policy is required to obtain, a limited lines license that authorizes the vendor to offer or sell insurance coverage under a portable electronics insuran…

A. At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available to a prospective customer that: 1. Disclose that portable electronics insurance may provide a duplication of coverage already provided by…

A. The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this title or be subject to the continuing education requirements of this title if: 1. The…

If a vendor or its employee or authorized representative violates any provision of this article, the director may impose penalties pursuant to section 20-295, including suspending the privilege of transacting portable electronics insurance pursuant to this article at the specific…

A. Notwithstanding any other law: 1. An insurer may terminate or otherwise change the terms and conditions of a portable electronics insurance policy only on providing the policyholder and enrolled customers with at least thirty days' notice. 2. If the insurer changes the terms a…

To the extent not inconsistent with this article, sections 20-281, 20-289 and 20-289.01, section 20-290, subsection A and sections 20-291, 20-292, 20-295, 20-296, 20-297, 20-299, 20-301 and 20-302 apply to the sale of portable electronics insurance.

In this article, unless the context otherwise requires: 1. "Certificate holder" means the individual insured group member. 2. "Conditional renewal" means a renewal that is conditioned on change of limits, change in type of coverage, reduction or elimination of coverage, increased…

A. An authorized insurer or, subject to chapter 2, article 5 of this title, an unauthorized insurer may issue an identity theft group insurance policy in this state. If an authorized insurer issues an identity theft group insurance policy in this state, the insurer shall file wit…

A. The group policyholder may pay the premium for an identity theft group insurance policy from monies contributed wholly by the group policyholder, wholly by the group members or jointly by the group policyholder and the group members. B. The following requirements apply to the …