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§ 752. Conditions subject to which policies are to be issued

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: September 8, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article VI. Casualty Insurance (Refs & Annos)
(b) Health and Accident Insurance (Refs & Annos)
Effective: September 8, 2009
40 P.S. § 752
§ 752. Conditions subject to which policies are to be issued
(A) No such policy shall be delivered or issued for delivery to any person in this Commonwealth unless:
(1) the entire money and other considerations therefor are expressed therein; and
(2) the time at which the insurance takes effect and terminates is expressed therein; and
(3) it purports to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult head of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which, except as provided under section 617.1,1shall not exceed nineteen years and any other person dependent upon the policyholder; and
(4) the style, arrangement and over-all appearance of the policy give no undue prominence to any portion of the text, and unless every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than ten-point with a lower-case unspaced alphabet length not less than one hundred and twenty-point (the “text” shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions); and
(5) the exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in section six hundred eighteen of this act,2 are printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as “exceptions”, or “exceptions and reductions”: Provided: That if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies; and
(6) each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and
(7) it contains no provision purporting to make any portion of the charter, rules, constitution, or by-laws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the commissioner; and
(8) if such policy is entitled or referred to as “non-cancellable,” such “non-cancellable” policy is automatically renewable until age sixty upon payment of the required premiums by the insured; and
(9) A policy delivered or issued for delivery after January 1, 1968 under which coverage of a dependent of a policyholder terminates at a specified age shall, with respect to an unmarried child covered by the policy prior to the attainment of the age of nineteen who is incapable of self-sustaining employment by reason of mental retardation or physical handicap and who became so incapable prior to attainment of age nineteen and who is chiefly dependent upon such policyholder for support and maintenance, not so terminate while the policy remains in force and the dependent remains in such condition, if the policyholder has within thirty-one days of such dependent's attainment of the limiting age submitted proof of such dependent's incapacity as described herein. The foregoing provisions of this paragraph shall not require an insurer to insure a dependent who is a mentally retarded or physically handicapped child where the policy is underwritten on evidence of insurability based on health factors set forth in the application or where such dependent does not satisfy the conditions of the policy as to any requirement for evidence of insurability or other provisions of the policy, satisfaction of which is required for coverage thereunder to take effect. In any such case the terms of the policy shall apply with regard to the coverage or exclusion from coverage of such dependent.
(10)3 except for a single premium nonrenewable policy, it shall have prominently printed thereon a notice stating in substance that the policyholder shall be permitted to return the policy within ten days of its delivery and to have the premium paid refunded if after examination of the policy, the policyholder is not satisfied with it for any reason. If a policyholder pursuant to such notice, returns the policy to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy had been issued.
(B) If any policy is issued by an insurer domiciled in this Commonwealth for delivery to a person residing in another state, and if the official having responsibility for the administration of the insurance laws of such other state shall have advised the commissioner that any such policy is not subject to approval or disapproval by such official, the commissioner may by ruling require that such policy meet the standards set forth in subsection (A) of this section and in section six hundred eighteen.4

Credits

1921, May 17, P.L. 682, art. VI, § 617, added 1951, May 25, P.L. 417, No. 99, § 2. Amended 1968, Jan. 18, P.L. (1967) 969, § 1; 1968, July 31, P.L. 1031, No. 311, § 1; 2009, June 10, P.L. 42, No. 4, § 1, effective in 90 days [Sept. 8, 2009].

Footnotes

40 P.S. § 752.1.
40 P.S. § 753.
Enrolled bill read “(9)”, changed to “(10)” in official version of 1968 session laws.
40 P.S. § 753(A).
40 P.S. § 752, PA ST 40 P.S. § 752
Current through 2022 Regular Session Act 121. Some statute sections may be more current, see credits for details.
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