33-24-9
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33-24-9.
(a)
No basic insurance policy or annuity contract form or application form where
written application is required and is to be made a part of the policy or
contract or printed rider or endorsement form or form of renewal certificate
shall be delivered or issued for delivery in this state unless the form has been
filed with and approved by the Commissioner. This subsection shall not apply to
surety bonds or to specially rated inland marine risks nor to policies, riders,
endorsements, or forms of unique character designed for and used with relation
to insurance upon a particular subject or which related to the manner of
distribution of benefits or to the reservation of rights and benefits under life
or accident and sickness insurance policies and are used at the request of the
individual policyholder, contract holder, or certificate holder.
(b)
Every filing shall be made not less than 90 days in advance of any delivery. At
the expiration of 90 days the form filed shall be deemed approved unless prior
thereto it has been approved or disapproved by the Commissioner. Approval of any
form by the Commissioner shall constitute a waiver of any unexpired portion of
the waiting period. The Commissioner may extend by not more than an additional
90 days the period within which he may approve or disapprove any form by giving
notice of the extension before expiration of the initial 90 day period. At the
expiration of the period as so extended and in the absence of prior approval or
disapproval, any form shall be deemed approved. The Commissioner may at any
time, after notice and for cause shown, withdraw any approval after notice and
hearing as provided in Code Sections 33-2-17 through 33-2-23 and 33-2-26 through
33-2-28.
(c)
Any order of the Commissioner disapproving any form or withdrawing a previous
approval shall state in reasonable detail the grounds for that action.
(d)
The Commissioner may by order, in exceptional cases, exempt from the
requirements of this Code section for so long as he deems proper any insurance
document or form or type of insurance document or form as specified in the order
to which, in his discretion, this Code section may not practicably be applied or
the filing and approval of which are, in his discretion, not desirable or
necessary for the protection of the public.
(e)
This Code section shall apply also to any form used by domestic insurers for
delivery in a jurisdiction outside this state, if the insurance supervisory
official of that jurisdiction informs the Commissioner that the form is not
subject to approval or disapproval by the official and upon the
Commissioner´s order requiring the form to be submitted to him for approval
or disapproval. The standards applicable to forms for domestic use shall apply
to such forms.
(f)
Each filing made pursuant to this Code section shall be accompanied by a fee or
fees as provided in Code Section 33-8-1.