Title 33, Chapter 35, Section 10
( 33-35-10)
(a)(1) The sponsor of any prepaid legal services plan or
authorized representative of the plan may contract with any
company licensed to transact casualty, life, or accident and
sickness insurance in this state or any corporation organized
pursuant to Chapter 18 or 19 of this title, under which contracts
the company agrees for a consideration consisting of a specified
premium to assume the monetary obligations of the plan to provide
or pay for the legal services covered by the subscription
contracts issued under such plan upon the failure of the plan
itself to meet such obligations within a specified period. The
duration of the contract shall not be longer than three years and
each contract shall be filed with and subject to the approval of
the Commissioner for the fairness of its terms and premiums. The
contracts shall be deemed to be approved 90 days after the date of
filing with the Commissioner, unless prior to the expiration of
such 90 day period the Commissioner notifies the sponsor of the
prepaid legal services plan in writing of the Commissioner's
disapproval. (2) Any sponsor entering into such contracts shall fairly disclose
to all subscribers affected by them the nature and extent of the
extra protection provided by them. Any plan having lawful access
to any other source of funds besides the premiums collected, which
may be used to meet the obligations of the plan under its
subscription contracts, shall make similar fair disclosure to
affected subscribers. (3) Any sponsor which seeks to limit its liability under its
subscription contracts to the total of funds collected in premiums
from subscribers shall state such limitation clearly and
prominently in all subscription contracts. (b) Any sponsor of any prepaid legal services plan or authorized
representative of the plan may contract with any person to provide
administrative services necessary to the administration of the plan
and the subscription contracts issued under such plan. The duration
of the contracts shall not be longer than three years, and each
contract shall be filed with and subject to the approval of the
Commissioner as to the fairness of its terms. The contracts shall
be deemed to be approved 90 days after the date of filing with the
Commissioner, unless prior to the expiration of the 90 day period
the Commissioner notifies the sponsor of the prepaid legal services
plan in writing of the Commissioner's disapproval. |