33-24-6
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33-24-6.
(a)
No life or accident and sickness insurance contract upon an individual, except a
contract of group life insurance or of group or blanket accident and sickness
insurance, shall be made or effectuated unless at the time of the making of the
contract the individual insured, being of competent legal capacity to contract,
applies for a life or accident and sickness insurance contract or consents in
writing to the contract, except in the following cases:
(1)
A spouse may effectuate insurance upon the other spouse;
(2)
Any person having an insurable interest in the life of a minor or any person
upon whom a minor is dependent for support and maintenance may effectuate
insurance upon the life of or pertaining to the minor;
(3)
An application for a family policy may be signed by either parent, by a
stepparent, or by husband or wife;
(4)
A publicly owned corporation may effectuate insurance upon its employees in whom
it has an insurable interest;
(5)
A corporation not described in paragraph (4) of this subsection may effectuate
insurance upon its employees in whom it has an insurable interest and a trustee
of a trust established by a corporation providing life, health, disability,
retirement, or similar benefits may effectuate insurance upon employees for whom
such benefits are to be provided, if the insurance contract or contracts held by
the corporation or the trustee cover at least 100 employees. For purposes of
this paragraph, any employee of a group of corporations consisting of a parent
corporation and its directly or indirectly owned subsidiaries shall be
considered to be an employee of each corporation within the group;
or
(6)
A corporation described in paragraph (4) or (5) of this subsection or the
trustee of a trust established by such corporation for its sole benefit may
exchange any policy which was issued to itself on the life of an employee or
retiree of the corporation, or which was issued to another corporation or the
trustee of a trust established by such other corporation for its sole benefit on
the life of an employee or retiree of such other corporation, and the exchanging
corporation has acquired by purchase, merger, or otherwise all or part of such
other
corporatiońs
business for a new policy of insurance on such
individuaĺs
life issued to the exchanging corporation.
(b)(1)
If a contract of life insurance is issued as authorized in paragraph (4) or (5)
of subsection (a) of this Code section, the insurer shall be required to give
written notice of such life insurance in accordance with paragraph (3) of this
subsection and provide the employees an opportunity to refuse to participate.
For all contracts of life insurance issued or delivered for issuance in this
state after July 1, 2003, pursuant to paragraph (4) or (5) of
subsection (a) of this Code section, the written consent of each individual
proposed to be insured shall be obtained prior to the issuance of a policy on
such individual. Written consent shall include an acknowledgment that the
corporation may maintain life insurance coverage on such individual after such
individuaĺs
employment with the corporation has terminated.
(2)
If a contract of life insurance is issued as authorized in paragraphs (1) or (2)
of subsection (a) of this Code section, the insurer shall be required to give
written notice of such life insurance in accordance with paragraph (3) of this
subsection.
(3)
At the time of the issuance or delivery of the contract of insurance, notice of
the issuance of the policy shall be delivered to the insured in person or by
depositing the notice in the United States mail, to be dispatched by at least
first-class mail to the home, business, or other address of record of the
insured. The insurer may obtain a receipt provided by the United States Postal
Service as evidence of mailing such notice or obtain such other evidence of
mailing as prescribed or accepted by the United States Postal Service. The
insurer shall not be required to provide the notice set forth in this subsection
with respect to any application for credit life insurance; any insured who is
older than the age of majority and who has signed or otherwise acknowledged the
application in writing; any application for insurance covering the life of a
minor; or any application for a contract of life insurance with a face amount of
less than $10,000.00.
(c)
An insurer shall be entitled to rely upon all statements, declarations, and
representations made by an applicant for insurance relative to the insurable
interest which such applicant has in the insured; and no insurer shall incur any
legal liability except as set forth in the policy, by virtue of any untrue
statements, declarations, or representations so relied upon in good faith by the
insurer.
(d)
As used in paragraphs (4), (5), and (6) of subsection (a) of this Code section,
the term 'employee' shall include any and all directors, officers, employees, or
retired employees. The term 'employee' shall include any former employee, but
only for the purpose of replacing existing life insurance that will be
surrendered in exchange for new life insurance in an amount not exceeding the
insurance being surrendered.