Title 33, Chapter 24, Section 6
( 33-24-6)
(a) No life or accident and sickness insurance contract upon an
individual, except a contract of group life insurance or of group or
blanket accident and sickness insurance, shall be made or
effectuated unless at the time of the making of the contract the
individual insured, being of competent legal capacity to contract,
applies for a life or accident and sickness insurance contract or
consents in writing to the contract, except in the following cases: (1) A spouse may effectuate insurance upon the other spouse; (2) Any person having an insurable interest in the life of a minor
or any person upon whom a minor is dependent for support and
maintenance may effectuate insurance upon the life of or
pertaining to the minor; (3) An application for a family policy may be signed by either
parent, by a stepparent, or by husband or wife; (4) A publicly owned corporation may effectuate insurance upon its
employees in whom it has an insurable interest; (5) A corporation not described in paragraph (4) of this
subsection may effectuate insurance upon its employees in whom it
has an insurable interest and a trustee of a trust established by
a corporation providing life, health, disability, retirement, or
similar benefits may effectuate insurance upon employees for whom
such benefits are to be provided, if the insurance contract or
contracts held by the corporation or the trustee cover at least
100 employees. For purposes of this paragraph, any employee of a
group of corporations consisting of a parent corporation and its
directly or indirectly owned subsidiaries shall be considered to
be an employee of each corporation within the group; or (6) A corporation described in paragraph (4) or (5) of this
subsection or the trustee of a trust established by such
corporation for its sole benefit may exchange any policy which was
issued to itself on the life of an employee or retiree of the
corporation, or which was issued to another corporation or the
trustee of a trust established by such other corporation for its
sole benefit on the life of an employee or retiree of such other
corporation, and the exchanging corporation has acquired by
purchase, merger, or otherwise all or part of such other
corporation's business for a new policy of insurance on such
individual's life issued to the exchanging corporation. (b) If a contract of life insurance is issued as authorized in
paragraph (1), (2), or (3) of subsection (a) of this Code section,
the insurer shall be required to give written notice of such life
insurance in accordance with this subsection. At the time of the
issuance or delivery of the contract of insurance, notice of the
issuance of the policy shall be delivered to the insured in person
or by depositing the notice in the United States mail, to be
dispatched by at least first-class mail to the home, business, or
other address of record of the insured. The insurer may obtain a
receipt provided by the United States Postal Service as evidence of
mailing such notice or obtain such other evidence of mailing as
prescribed or accepted by the United States Postal Service. The
insurer shall not be required to provide the notice set forth in
this subsection with respect to any application for credit life
insurance; any insured who is older than the age of majority and who
has signed or otherwise acknowledged the application in writing; any
application for insurance covering the life of a minor; or any
application for a contract of life insurance with a face amount of
less than $10,000.00. (c) An insurer shall be entitled to rely upon all statements,
declarations, and representations made by an applicant for insurance
relative to the insurable interest which such applicant has in the
insured; and no insurer shall incur any legal liability except as
set forth in the policy, by virtue of any untrue statements,
declarations, or representations so relied upon in good faith by the
insurer. (d) As used in paragraphs (4), (5), and (6) of subsection (a) of
this Code section, the term "employee" shall include any and all
directors, officers, employees, retired employees, or the dependents
of such persons. The term "employee" shall include any former
employee, but only for the purpose of replacing existing life
insurance that will be surrendered in exchange for new life
insurance in an amount not exceeding the insurance being
surrendered. |