SB 233-1_ Filed 01/27/2000, 10:11

SENATE MOTION


MR. PRESIDENT:

    I move
that Senate Bill 233 be amended to read as follows:

    Replace the effective dates in SECTIONS 1 through 3 with "[EFFECTIVE UPON PASSAGE]".

SOURCE: Page 1, line 5; (00)MO023301.1. -->     Page 1, line 5, strike "IC 23-2-1-15(a)" and insert " section 15(a) of this chapter".
    Page 4, line 27, strike "(i)" and insert " (1)".
    Page 4, line 30, strike "(ii)" and insert " (2)".
    Page 4, line 37, strike "(iii)" and insert " (3)".
    Page 7, line 42, delete "shall, except in the event of fraud," and insert "shall:
             (A) except as provided in clause (B),".
    Page 8, line 3, after "date" delete ", " and insert " ; and
            (B) in the event of fraud in connection with an application for life insurance benefits under a policy that is part of a viatical settlement contract (as defined in IC 27-8-19.8-6), be incontestable after the policy has been in force during the lifetime of the insured for six (6) years after the date of issue, or, at the option of the company after the policy has been in force for six (6) years after the date of issue;
".
    Page 8, line 4, begin a new line blocked left beginning with "except".
    Page 10, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 27-1-12-41; (00)MO023301.3. -->     "SECTION 3. IC 27-1-12-41 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 41. (a) A policy of group life insurance may not be delivered in Indiana unless it contains in substance:
        (1) the provisions described in subsection (b); or
        (2) provisions that, in the opinion of the commissioner, are:
            (A) more favorable to the persons insured; or
            (B) at least as favorable to the persons insured and more

favorable to the policyholder;
        than the provisions set forth in subsection (b).
    (b) The provisions referred to in subsection (a)(1) are as follows:
        (1) A provision that the policyholder is entitled to a grace period of thirty-one (31) days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder has given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder is liable to the insurer for the payment of a pro rata premium for the time the policy was in force during the grace period.
        (2) A provision that the validity of the policy may not be contested except for nonpayment of premiums, after the policy has been in force for two (2) years after its date of issue, and that no statement made by a person insured under the policy relating to the person's insurability may be used in contesting the validity of the insurance with respect to which the statement was made, unless: except as provided in clause (A), (B), (C), or (D):
            (A) the insurance has not been in force for a period of two (2) years or longer during the person's lifetime; or The validity of a policy may be contested at any time for nonpayment of premiums.
            (B) the statement is contained in a written instrument signed by the insured person. The validity of a policy may be contested based on a statement made by a person insured under the policy that relates to the person's insurability if:
                (i) the statement is set forth in a written instrument signed by the insured; and
                (ii) the policy has not been in force for two (2) years after the date of issue.
            (C) The validity of a policy may be contested based on a statement made by a person insured under the policy that relates to the person's insurability if:
                (i) the policy has not been in force for at least two (2) years during the person's lifetime; and
                (ii) the policy has not been in force for two (2) years after its date of issue.
            (D) The validity of a policy that is part of a viatical settlement contract (as defined in IC 27-8-19.8-6) may be contested on the grounds of fraud in connection with an application for life insurance benefits under the policy until the policy has been in force for six (6) years after the date of issue.

        However, a provision under this subdivision may not preclude the assertion at any time of defenses based upon provisions in the policy that relate to eligibility for coverage.


        (3) A provision that a copy of the application, if any, of the policyholder must be attached to the policy when issued, that all statements made by the policyholder or by the persons insured are to be deemed representations and not warranties, and that no statement made by any person insured may be used in any contest unless a copy of the instrument containing the statement is or has been furnished to the insured person or, in the event of death or incapacity of the insured person, to the insured person's beneficiary or personal representative.
        (4) A provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of the person's coverage.
        (5) A provision specifying an equitable adjustment of premiums, benefits, or both to be made in the event the age of a person insured has been misstated. A provision under this subdivision must contain a clear statement of the method of adjustment to be made.
        (6) A provision that any sum becoming due by reason of the death of the person insured must be payable to the beneficiary designated by the person insured. However, if a policy contains conditions pertaining to family status, the beneficiary may be the family member specified by the policy terms, subject to the provisions of the policy in the event there is no designated beneficiary, as to all or any part of the sum, living at the death of the person insured, and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of the sum not exceeding two thousand dollars ($2,000) to any person appearing to the insurer to be equitably entitled to that payment by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured.
        (7) A provision that the insurer will issue to the policyholder, for delivery to each person insured, a certificate setting forth a statement that:
            (A) explains the insurance protection to which the person insured is entitled;
            (B) indicates to whom the insurance benefits are payable;
            (C) explains any dependent's coverage included in the certificate; and
            (D) sets forth the rights and conditions that apply to the person under subdivisions (8), (9), (10), and (11).
        (8) A provision that if the insurance, or any portion of it, on a person covered under the policy, or on the dependent of a person covered, ceases because of termination of employment or termination of membership in the class or classes eligible for

coverage under the policy, the person or dependent is entitled, without evidence of insurability, to an individual policy of life insurance issued to the person or dependent by the insurer without disability or other supplementary benefits, provided that an application for the individual policy is made and that the first premium is paid to the insurer within thirty-one (31) days after the termination, and provided further that:
            (A) the individual policy must, at the option of the person or dependent, be on any one (1) of the forms then customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance;
            (B) the individual policy must be in an amount not in excess of the amount of life insurance that ceases because of the termination, less the amount of any life insurance for which the person or dependent becomes eligible under the same policy or any other group policy within thirty-one (31) days after the termination (however, any amount of insurance that has matured on or before the date of the termination as an endowment payable to the person insured, whether in one (1) sum, in installments, or in the form of an annuity, may not, for the purposes of this clause, be included in the amount of insurance that is considered to cease because of the termination); and
            (C) the premium on the individual policy must be at the insurer's then customary rate applicable to the form and amount of the individual policy, to the class of risk to which the person or dependent then belongs, and to the individual age attained by the person or dependent on the effective date of the individual policy.
        Subject to the conditions set forth in this subdivision, the conversion privilege created by this subdivision must be available to a surviving dependent of a person covered under a group policy, with respect to the coverage under the group policy that terminates by reason of the death of the person covered, and to the dependent of an employee or member after termination of the coverage of the dependent because the dependent ceases to be a qualified family member under the group policy, while the employee or member remains insured under the group policy.
        (9) A provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured under the policy at the date of the termination whose insurance terminates, including the insured dependent of a covered person, and who has been so insured for at least five (5) years before the termination date, is entitled to have issued by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided in

subdivision (8), except that the group policy may provide that the amount of the individual policy may not exceed the lesser of:
            (A) the amount of the person's life insurance protection that is ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which the person is eligible or becomes eligible under a group policy issued or reinstated by the same insurer or another insurer within thirty-one (31) days after the termination; or
            (B) ten thousand dollars ($10,000).
        (10) A provision that if a person insured under the group policy, or the insured dependent of a covered person, dies during the period within which the covered person or dependent would have been entitled to have an individual policy issued under subdivision (8) or (9) or before such an individual policy becomes effective, the amount of life insurance that the covered person or dependent would have been entitled to have issued under an individual policy is payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium for the individual policy has been made.
        (11) If active employment is a condition of insurance, a provision that an insured may continue coverage during the insured's total disability by timely payment to the policyholder of that portion, if any, of the premium that would have been required for the insured had total disability not occurred. The continuation of coverage under this subdivision on a premium paying basis must extend for a period of six (6) months from the date on which the total disability started, but not beyond the earlier of:
            (A) the date of approval by the insurer of continuation of the coverage under any disability provision that the group insurance policy may contain; or
            (B) the date of discontinuance of the group insurance policy.
        (12) In the case of a policy insuring the lives of debtors, a provision that the insurer will furnish to the policyholder, for delivery to each debtor insured under the policy, a certificate of insurance describing the coverage and specifying that the death benefit will first be applied to reduce or extinguish the indebtedness.
    (c) Subsections (b)(6) through (b)(11) do not apply to policies insuring the lives of debtors. The standard provisions required under IC 27-1-12 this chapter for individual life insurance policies do not apply to group life insurance policies.
    (d) If a group life insurance policy is on a plan of insurance other than the group plan, it must contain a nonforfeiture provision that, in the opinion of the commissioner, is equitable to the insured persons and to the policyholder. However, group life insurance policies need not contain the same nonforfeiture provisions as are required for

individual life insurance policies under IC 27-1-12 this chapter.".

SOURCE: Page 10, line 39; (00)MO023301.10. -->     Page 10, after line 39, begin a new paragraph and insert:
SOURCE: ; (00)MO023301.5. -->     "SECTION 5. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 233 as printed January 25, 2000.)

________________________________________

Senator PAUL


MO023301/DI 100     2000