Title 33, Chapter 24, Section 9
( 33-24-9)
(a) No basic insurance policy or annuity contract form or
application form where written application is required and is to be
made a part of the policy or contract or printed rider or
endorsement form or form of renewal certificate shall be delivered
or issued for delivery in this state unless the form has been filed
with and approved by the Commissioner. This subsection shall not
apply to surety bonds or to specially rated inland marine risks nor
to policies, riders, endorsements, or forms of unique character
designed for and used with relation to insurance upon a particular
subject or which related to the manner of distribution of benefits
or to the reservation of rights and benefits under life or accident
and sickness insurance policies and are used at the request of the
individual policyholder, contract holder, or certificate holder. (b) Every filing shall be made not less than 90 days in advance of any delivery. At the expiration of 90 days the form filed shall be deemed approved unless prior thereto it has been approved or disapproved by the Commissioner. Approval of any form by the Commissioner shall constitute a waiver of any unexpired portion of the waiting period. The Commissioner may extend by not more than an additional 90 days the period within which he may approve or disapprove any form by giving notice of the extension before expiration of the initial 90 day period. At the expiration of the period as so extended and in the absence of prior approval or disapproval, any form shall be deemed approved. The Commissioner may at any time, after notice and for cause shown, withdraw any approval after notice and hearing as provided in Code Sections 33-2-17 through 33-2-23 and 33-2-26 through 33-2-28. (c) Any order of the Commissioner disapproving any form or
withdrawing a previous approval shall state in reasonable detail the
grounds for that action. (d) The Commissioner may by order, in exceptional cases, exempt from
the requirements of this Code section for so long as he deems proper
any insurance document or form or type of insurance document or form
as specified in the order to which, in his discretion, this Code
section may not practicably be applied or the filing and approval of
which are, in his discretion, not desirable or necessary for the
protection of the public. (e) This Code section shall apply also to any form used by domestic
insurers for delivery in a jurisdiction outside this state, if the
insurance supervisory official of that jurisdiction informs the
Commissioner that the form is not subject to approval or disapproval
by the official and upon the Commissioner's order requiring the form
to be submitted to him for approval or disapproval. The standards
applicable to forms for domestic use shall apply to such forms. (f) Each filing made pursuant to this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1. |