Nebraska Administrative Code
Topic - INSURANCE, DEPARTMENT OF
Title 210 - NEBRASKA DEPARTMENT OF INSURANCE
Chapter 22 - CREDIT LIFE, ACCIDENT AND HEALTH INSURANCE
Section 210-22-004 - Provisions of policies of insurance, certificates of insurance, applications for insurance and notices of proposed group credit insurance-, disclosure to debtors
Universal Citation: 210 NE Admin Rules and Regs ch 22 ยง 004
Current through September 17, 2024
004.01 As required by the Act, all credit life insurance and credit accident and health insurance subject to the Act shall be evidenced by an individual policy or, in the case of group insurance, by a certificate of group insurance.
004.02 In order to insure that the provisions of the forms required by this Act to be filed with the Department of Insurance are not unjust, unfair, inequitable, misleading or deceptive and to insure that such provisions do not encourage misrepresentation of the coverage, the following are adopted as basic guides for forms submitted to the Director of Insurance for approval:
004.02A Each such
policy or certificate of group insurance shall set forth, in addition to the
matters required by the Act and in addition to other requirements of law, a
provision for refund as set forth in Section 005 hereof.
004.02B Application for individual policies
of insurance and notices of proposed group insurance, required by the Act in
those situations in which the individual policy or certificate of group
insurance is not delivered to the debtor at the time the indebtedness is
incurred, shall contain, in addition to the matters required by the Act and in
addition to other requirements of law, a statement that if the insurance is
declined by the insurer or for some other reason does not become effective, any
premium or identifiable charge will be refunded to the debtor pursuant to the
provisions of Section 005 of this Rule.
004.02C Each policy of credit accident and
health insurance shall contain a provision that no claim for disability shall
be reduced or denied on the ground that diseases or conditions arose from a
condition which had existed prior to the effective date of the policy, or the
effective date of the coverage under a group certificate, unless such exclusion
or coverage for disability arising from preexisting conditions shall be
prominently and explicitly set forth on the face of the policy or certificate,
delivered to the debtor, by overprinting such exclusions diagonally across the
face of such policy or certificate in at least 18 point contrasting color
type.
004.02D No policy of credit
accident and health insurance shall contain any provision which excludes or
restricts liability in the event of disability caused in a certain specified
manner except provisions excluding or restricting coverage in the event of
disability as a result of pre-existing conditions excluded in accordance with
subsection
004.02C,
pregnancy, mental or nervous disease or disorder, intentionally self-inflicted
injuries, foreign travel or residence, travel in non-scheduled aircraft, war,
or military service. Any such excluding or restricting provision must be
prominently and explicitly set forth in the policy or certificate delivered to
the debtor.
004.02E No policy of
credit life insurance or credit accident and health insurance subject to the
Act will be approved unless the benefits provided bear a reasonable
relationship to the rates to be used in conjunction therewith. The
reasonableness of such relationship will be determined on the basis of studies
made by the Department of Insurance and after considering all factors
involved.
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