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2006 Georgia Code - 33-29-2
33-29-2. (a) No policy of accident and sickness insurance
shall be delivered or issued for delivery in this state unless it
meets the following requirements: (1) The entire money and other considerations
for the policy are expressed in such policy; (2) The time at which the insurance takes effect
and terminates is expressed in such policy; (3) It purports to insure only one person,
provided that a policy may insure, originally or by subsequent
amendment upon the application of an adult member 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 shall not exceed 19 years,
and any other person dependent upon the policyholder; provided,
further, that, if a policy purports to insure a dependent child of
the policyholder, the child shall continue to be insured up to and
including age 25 so long as the policy continues in effect, the
child remains a dependent of the policyholder, and the child, in
each calendar year since reaching the age specified in the policy
for termination of benefits as a dependent of the policyholder, has
been enrolled for five calendar months or more as a full-time
student in a postsecondary institution of higher learning or, if
not so enrolled, would have been eligible to be so enrolled and was
prevented from being so enrolled due to illness or injury;
(4) The style, arrangement, and
overall appearance of the policy gives no undue prominence to any
portion of the text and every printed portion of the text of the
policy and of any endorsements or attached papers is plainly
printed in lightfaced 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 120 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. When a policy is renewable only
at the option of the insurer, such fact shall be made known in
prominent lettering on the face of the policy; (5) The exceptions and reductions of indemnity
are set forth in the policy and, except those which are set forth
in Code Sections 33-29-3 and 33-29-4, are printed, at the
insureŕs
option, either with the benefit provisions 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; (6) Each form, including riders and
endorsements, shall be identified by a form number in the lower
left-hand corner of the first page thereof; (7) It contains no provision purporting to make
any portion of the charter, rules, constitution, or bylaws 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; (8) It contains no provision purporting to
exclude or reduce coverage provided an otherwise insurable person
solely for the reason that the person is eligible for or receiving
medical assistance, as defined in Code Section 49-4-141. Any such
provision appearing in an individual accident and sickness
insurance policy, subsequent to July 1, 1978, shall be null and
void; and (9) It contains no
provision relating to insurance with other insurers, provided that
group conversion policies and major medical policies may contain
provisions relating to other insurance benefits payable under group
or blanket accident and sickness insurance policies.
(b) Individual major medical
policies, including franchise and conversion policies, shall make
available to each applicant for such coverage optional cash
deductible amounts up to at least $5,000.00. No such policy shall
contain any provision in which the length of the cash deductible
accumulation period is not reasonable in relation to the amount of
the cash deductibles. An insurer may offer higher optional
deductibles to existing policyholders as a means of reducing the
cost of such policies or to offset premium increases.
(c) This Code section shall also
apply to policies issued by a hospital service nonprofit
corporation or a nonprofit medical service corporation.
(d) This Code section shall not be
construed so as to impair the obligation of any contract in
existence prior to January 1, 1979.
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