2015 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 18 - Group and Blanket Health Insurance 18.18-070 Filing and required provisions in blanket policies.
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304.18-070 Filing and required provisions in blanket policies.
Any insurer authorized to write health insurance in this state shall have the power to issue
blanket health insurance. No such blanket policy, except as provided in subsection (4) of
KRS 304.14-120, may be issued or delivered in this state unless a copy of the form
thereof has been filed in accordance with KRS 304.14-120. Every such blanket policy
shall contain provisions which in the opinion of the commissioner are not less favorable
to the policyholder and the individual insured than the following:
(1) A provision that the policy, including indorsements and a copy of the application, if
any, of the policyholder and the persons insured shall constitute the entire contract
between the parties, and that any statement made by the policyholder or by a person
insured shall in the absence of fraud be deemed a representation and not a warranty,
and that no such statements shall be used in defense to a claim under the policy,
unless contained in a written application. Such person, his or her beneficiary or
assignee shall have the right to make a written request to the insurer for a copy of
such application, and the insurer shall within fifteen (15) days after the receipt of
such request at its principal office or any branch office of the insurer, deliver or mail
to the person making such request a copy of such application. If such copy is not so
delivered or mailed, the insurer shall be precluded from introducing such
application as evidence in any action based upon or involving any statements
contained therein;
(2) A provision that written notice of sickness or of injury must be given to the insurer
within twenty (20) days after the date when such sickness or injury occurred. Failure
to give notice within such time shall not invalidate or reduce any claim if it is
shown not to have been reasonably possible to give such notice and that notice was
given as soon as was reasonably possible;
(3) A provision that the insurer will furnish either to the claimant or to the policyholder
for delivery to the claimant such forms as are usually furnished by it for filing proof
of loss. If such forms are not furnished before the expiration of fifteen (15) days
after giving such notice, the claimant shall be deemed to have complied with the
requirements of the policy as to proof of loss upon submitting, within the time fixed
in the policy for filing proof of loss, written proof covering the occurrence, the
character and the extent of the loss for which claim is made;
(4) A provision that in the case of a claim for loss of time for disability, written proof of
such loss must be furnished to the insurer within ninety (90) days after the
commencement of the period for which the insurer is liable, and that subsequent
written proofs of the continuance of such disability must be furnished to the insurer
at such intervals as the insurer may reasonably require, and that in the case of a
claim for any other loss, written proof of such loss must be furnished to the insurer
within ninety (90) days after the date of such loss. Failure to furnish such proof
within such time shall not invalidate or reduce any claim if it is shown not to have
been reasonably possible to furnish such proof and that such proof was furnished as
soon as was reasonably possible;
(5) A provision that all benefits payable under the policy other than benefits for loss of
time will be payable immediately upon receipt of due written proof of such loss, and
(6)
(7)
that, subject to due proof of loss, all accrued benefits payable under the policy for
loss of time will be paid not less frequently than monthly during the continuance of
the period for which the insurer is liable, and that any balance remaining unpaid at
the termination of such period will be paid immediately upon receipt of such proof;
A provision that the insurer at its own expense shall have the right and opportunity
to examine the person of the insured when and so often as it may reasonably require
during the pendency of claim under the policy and also the right and opportunity to
make an autopsy where it is not prohibited by law; and
A provision that no action at law or in equity shall be brought to recover under the
policy prior to the expiration of sixty (60) days after written proof of loss has been
furnished in accordance with the requirements of the policy and that no such action
shall be brought after the expiration of three (3) years after the time written proof of
loss is required to be furnished.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1294, effective July 15, 2010. -- Created
1970 Ky. Acts ch. 301, subtit. 18, sec. 7, effective June 18, 1970.
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