41-2108 — REINSTATEMENT
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TITLE 41
INSURANCE
CHAPTER 21
DISABILITY INSURANCE POLICIES
41-2108. REINSTATEMENT. (1) There shall be a provision as follows:
"Reinstatement: If any renewal premium be not paid within the time granted
the insured for payment, a subsequent acceptance of premium by the insurer or
by any agent duly authorized by the insurer to accept such premium, without
requiring in connection therewith an application for reinstatement, shall
reinstate the policy; provided, however, that if the insurer or such agent
requires an application for reinstatement and issues a conditional receipt for
the premium tendered, the policy will be reinstated upon approval of such
application by the insurer or, lacking such approval, upon the forty-fifth day
following the date of such conditional receipt unless the insurer has
previously notified the insured in writing of its disapproval of such
application. The reinstated policy shall cover only loss resulting from such
accidental injury as may be sustained after the date of reinstatement and loss
due to such sickness as may begin more than ten (10) days after such date. In
all other respects the insured and insurer shall have the same rights
thereunder as they had under the policy immediately before the due date of the
defaulted premium, subject to any provisions endorsed hereon or attached
hereto in connection with the reinstatement. Any premium accepted in
connection with a reinstatement shall be applied to a period for which premium
has not been previously paid, but not to any period more than sixty (60) days
prior to the date of reinstatement."
(2) The last sentence of the above provision may be omitted from any
policy which the insured has the right to continue in force subject to its
terms by the timely payment of premiums
(a) Until at least age fifty (50), or
(b) In the case of a policy issued after age forty-four (44), for at
least five (5) years from its date of issue.