27-20-5
for a copy of such application, and the insurer shall, within 15 days after the receipt of
such request at its home 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 shall not be 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 20 days
after the date when such sickness or injury occurred. Failure to give notice within
such time shall not invalidate nor reduce any claim if it shall be 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 to the policyholder such forms as
are usually furnished by it for filing proof of loss. If such forms are not furnished before
the...
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27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
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27-5B-8
Section 27-5B-8 Certified reinsurer. (a) Credit shall be allowed when the reinsurance is ceded
to an assuming insurer that is certified by the commissioner as a reinsurer in this state
and secures its obligations in accordance with the requirements of this section. In order
to be eligible for certification, the assuming insurer shall meet all of the following requirements:
(1) The assuming insurer must be domiciled and licensed to transact insurance or reinsurance
in a qualified jurisdiction, as determined by the commissioner pursuant to subsection (c).
(2) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in
an amount to be determined by the commissioner pursuant to regulation. (3) The assuming insurer
must maintain financial strength ratings from two or more rating agencies deemed acceptable
by the commissioner pursuant to regulation. (4) The assuming insurer must agree to submit
to the jurisdiction of this state, appoint the commissioner as its agent...
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2-27-9
and its labeling and other material required to be submitted comply with the requirements of
Section 2-27-14, he or she shall register the article. (c) If it is determined as provided
under subsection (d) of Section 2-27-6 that a pesticide, based upon its formulation and directions
for use, warnings and cautions contained in its registered labeling, may not, without additional
restrictions, be applied for its intended use without substantial adverse effects on the environment,
including injury to the applicator, such a pesticide shall be designated as a restricted-use
pesticide. (d) If it does not appear to the commissioner that the article is such as to warrant
the proposed claims for it or if the article and its labeling and other material required
to be submitted do not comply with the provisions of this article, he or she shall notify
the applicant of the manner in which the article, labeling, or other material required to
be submitted fail to comply with the article so as to...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken only
from an order on hearing, or as to a matter on which the commissioner has refused or failed
to hold a hearing after demand therefor under Section 27-2-28 or as to a matter as to which
the commissioner has refused or failed to make his order on hearing as required by Section
27-2-31. Any person who was a party to such hearing or whose pecuniary interests are directly
and immediately affected by any such refusal or failure to grant or hold a hearing and who
is aggrieved by such order, refusal, or failure may appeal from such order or as to any such
matter within 30 days after: (1) The order on hearing has been mailed or delivered to the
persons entitled to receive the same; (2) The commissioner's order denying rehearing or reargument
has been so mailed or delivered; (3) The commissioner has refused or failed to make his order
on hearing as required under Section 27-2-31; or (4) The commissioner...
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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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27-29-7
Section 27-29-7 Confidentiality of documents, materials, or other information; powers of commissioner;
disclosure and sharing of documents, etc. (a) All documents, materials, or other information,
and copies thereof, in the possession or control of the department that are obtained by or
disclosed to the commissioner or any other person in the course of an examination or investigation
made pursuant to Section 27-29-6 and all information reported pursuant to paragraphs l. and
m. of subdivision (l) of subsection (b) of Section 27-29-3, Section 27-29-4, Section 27-29-5,
and Section 27-29-6.2 shall be confidential by law and privileged, shall not be subject to
any open records, freedom of information, sunshine or other public record disclosure laws,
and shall not be subject to subpoena. The commissioner may use the documents, materials, and
other information in the furtherance of any regulatory or legal action in the course of the
commissioner's official duties. The documents, materials,...
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27-21A-3
Section 27-21A-3 Issuance of certificate of authority. (a)(1) Upon receipt of an application
for issuance of a certificate of authority, the commissioner shall forthwith transmit copies
of such application and accompanying documents to the State Health Officer. (2) The State
Health Officer shall determine whether the applicant for a certificate of authority, with
respect to health care services to be furnished: a. Has demonstrated the willingness and potential
ability to assure that such health care services will be provided in a manner to assure both
availability and accessibility of adequate personnel and facilities and in a manner enhancing
availability, accessibility, and continuity of service; b. Has arrangements, established in
accordance with the regulations promulgated by the State Health Officer, for an on-going quality
assurance program concerning health care processes and outcomes; and c. Has a procedure, established
in accordance with regulations of the State Health...
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27-19-105
Section 27-19-105 Regulations for long-term care policies; outline of coverage, policy summary,
and monthly report. (a) The commissioner may adopt regulations that include standards for
full and fair disclosure setting forth the manner, content, and required disclosures for the
sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions
of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting
conditions, termination of insurance, continuation or conversion, probationary periods, limitations,
exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions,
and definitions of terms. Regulations under this subsection should recognize the developing
and unique nature of long-term care insurance and the distinction between group and individual
long-term insurance policies. (b) No long-term care insurance policy may do any of the following:
(1) Be cancelled, nonrenewed, or otherwise...
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27-21A-7
Section 27-21A-7 Evidence of coverage and charges for health care services. (a)(1) Every enrollee
residing in this state is entitled to an evidence of coverage. If the enrollee obtains such
coverage through an insurance policy or a contract issued by a health care service plan, the
insurer or the health care service plan shall issue the evidence of coverage. Otherwise, the
health maintenance organization shall issue the evidence of coverage. (2) No evidence of coverage,
or amendment thereto, shall be issued or delivered to any person in this state until a copy
of the basic form of the evidence of coverage, or amendment thereto, has been filed with the
commissioner and the State Health Officer, and approved by the commissioner. (3) An evidence
of coverage shall contain: a. No provisions or statements which encourage misrepresentation,
or which are untrue, misleading, or deceptive as defined in subsection (a) of Section 27-21A-13;
and b. A clear and concise statement, if a contract, or a...
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