41-2109 — NOTICE OF CLAIM
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TITLE 41
INSURANCE
CHAPTER 21
DISABILITY INSURANCE POLICIES
41-2109. NOTICE OF CLAIM. (1) There shall be a provision as follows:
"Notice of Claim: Written notice of claim must be given to the insurer
within twenty days after the occurrence or commencement of any loss covered by
the policy, or as soon thereafter as is reasonably possible. Notice given by
or on behalf of the insured or the beneficiary to the insurer at .... (insert
the location of such office as the insurer may designate for the purpose), or
to any authorized agent of the insurer, with information sufficient to
identify the insured, shall be deemed notice to the insurer."
(2) In a policy providing a loss-of-time benefit which may be payable for
at least two (2) years, an insurer may at its option insert the following
between the first and second sentences of the above provision:
"Subject to the qualifications set forth below, if the insured suffers
loss of time on account of disability for which indemnity may be payable for
at least two years, he shall, at least once in every six months after having
given notice of the claim, give to the insurer notice of continuance of the
disability, except in the event of legal incapacity. The period of six months
following any filing of proof by the insured or any payment by the insurer on
account of such claim or any denial of liability in whole or in part by the
insurer shall be excluded in applying this provision. Delay in the giving of
such notice shall not impair the insured's right to any indemnity which would
otherwise have accrued during the period of six months preceding the date on
which such notice is actually given."