1.1                          A bill for an act 
  1.2             relating to insurance; modifying and recodifying 
  1.3             certain required provisions of disability policies; 
  1.4             amending Minnesota Statutes 1996, section 62A.04, 
  1.5             subdivisions 2 and 3; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 62A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 62A.04, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [REQUIRED PROVISIONS.] Except as provided in 
  1.11  subdivision 4, each such policy of accident and sickness 
  1.12  insurance delivered or issued for delivery to any a person in 
  1.13  this state other than a policy that is limited to disability or 
  1.14  income protection coverage shall contain the provisions 
  1.15  specified in this subdivision in the words in which the same 
  1.16  appear in this section.  The insurer may, at its option, 
  1.17  substitute for one or more of such the provisions corresponding 
  1.18  provisions of different wording approved by the commissioner 
  1.19  which are in each instance not less favorable in any respect to 
  1.20  the insured or the beneficiary.  Such The provisions shall must 
  1.21  be preceded individually by the caption appearing in this 
  1.22  subdivision or, at the option of the insurer, by such 
  1.23  appropriate individual or group captions or subcaptions as the 
  1.24  commissioner may approve. 
  1.25     (1) A provision as follows: 
  1.26     ENTIRE CONTRACT; CHANGES:  This policy, including the 
  2.1   endorsements and the attached papers, if any, constitutes the 
  2.2   entire contract of insurance.  No change in this policy shall be 
  2.3   is valid until approved by an executive officer of the insurer 
  2.4   and unless such the approval be is endorsed hereon or attached 
  2.5   hereto.  No An agent has authority to may not change this 
  2.6   policy or to waive any of its provisions. 
  2.7      (2) A provision as follows: 
  2.8      TIME LIMIT ON CERTAIN DEFENSES:  (a) After two years from 
  2.9   the date of issue of this policy no misstatements, except 
  2.10  fraudulent misstatements, made by the applicant in the 
  2.11  application for such the policy shall may be used to void the 
  2.12  policy or to deny a claim for loss incurred or disability (as 
  2.13  defined in the policy) commencing after the expiration of such 
  2.14  the two-year period. 
  2.15     The foregoing policy provision shall not be so construed as 
  2.16  to affect any legal requirement for avoidance of a policy or 
  2.17  denial of a claim during such the initial two-year period, nor 
  2.18  to limit the application of clauses (1), (2), (3), (4) and (5), 
  2.19  in the event of misstatement with respect to age or occupation 
  2.20  or other insurance.  A policy which the insured has the right to 
  2.21  continue in force subject to its terms by the timely payment of 
  2.22  premium (1) until at least age 50 or, (2) in the case of a 
  2.23  policy issued after age 44, for at least five years from its 
  2.24  date of issue, may contain in lieu of the foregoing the 
  2.25  following provisions (from which the clause in parentheses may 
  2.26  be omitted at the insurer's option) under the caption 
  2.27  "INCONTESTABLE": 
  2.28     After this policy has been in force for a period of two 
  2.29  years during the lifetime of the insured (excluding any period 
  2.30  during which the insured is disabled), it shall become is 
  2.31  incontestable as to the statements contained in the application. 
  2.32     (b) No claim for loss incurred or disability (as defined in 
  2.33  the policy) commencing after two years from the date of issue of 
  2.34  this policy shall be reduced or denied on the ground that a 
  2.35  disease or physical condition not excluded from coverage by name 
  2.36  or specific description effective on the date of loss had 
  3.1   existed prior to the effective date of coverage of this policy. 
  3.2      (3) A provision as follows: 
  3.3      GRACE PERIOD:  A grace period of ..... (insert a number not 
  3.4   less than "7" for weekly premium policies, "10" for monthly 
  3.5   premium policies and "31" for all other policies) days will be 
  3.6   granted for the payment of each premium falling due after the 
  3.7   first premium, during which grace period the policy shall 
  3.8   continue in force. 
  3.9      A policy which contains a cancellation provision may add, 
  3.10  at the end of the above provision, 
  3.11     subject to the right of the insurer to cancel in accordance 
  3.12  with the cancellation provision hereof. 
  3.13     A policy in which the insurer reserves the right to refuse 
  3.14  any renewal shall have, at the beginning of the above provision, 
  3.15     Unless not less than five days prior to the premium due 
  3.16  date the insurer has delivered to the insured or has mailed to 
  3.17  the insured's last address as shown by the records of the 
  3.18  insurer written notice of its intention not to renew this policy 
  3.19  beyond the period for which the premium has been accepted. 
  3.20     (4) A provision as follows: 
  3.21     REINSTATEMENT:  If any a renewal premium be is not paid 
  3.22  within the time granted the insured for payment, a subsequent 
  3.23  acceptance of premium by the insurer or by any an agent duly 
  3.24  authorized by the insurer to accept such the premium, without 
  3.25  requiring in connection therewith an application for 
  3.26  reinstatement, shall reinstate reinstates the policy.  If the 
  3.27  insurer or such agent requires an application for reinstatement 
  3.28  and issues a conditional receipt for the premium tendered, the 
  3.29  policy will be is reinstated upon approval of such application 
  3.30  by when the insurer approves the application or, lacking such 
  3.31  without approval, upon on the forty-fifth day following the date 
  3.32  of such the conditional receipt unless the insurer has 
  3.33  previously notified the insured in writing of its disapproval of 
  3.34  such the application.  For health plans described in section 
  3.35  62A.011, subdivision 3, clause (10), an insurer must accept 
  3.36  payment of a renewal premium and reinstate the policy, if the 
  4.1   insured applies for reinstatement no later than 60 days after 
  4.2   the due date for the premium payment, unless: 
  4.3      (1) the insured has in the interim left the state or the 
  4.4   insurer's service area; or 
  4.5      (2) the insured has applied for reinstatement on two or 
  4.6   more prior occasions. 
  4.7      Coverage under the reinstated policy shall cover only is 
  4.8   limited to loss resulting from such accidental injury as may be 
  4.9   sustained after the date of reinstatement and loss due to such 
  4.10  sickness as may begin an illness that begins more than ten days 
  4.11  after such the reinstatement date.  In all other respects the 
  4.12  insured and insurer shall have the same rights thereunder as 
  4.13  they had under the policy immediately before the due date of the 
  4.14  defaulted premium, subject to any provisions endorsed hereon or 
  4.15  attached hereto in connection with the reinstatement.  Any 
  4.16  Premium accepted in connection with a reinstatement shall must 
  4.17  be applied to a period for which premium has not been previously 
  4.18  paid, but not to any a period more than 60 days prior to before 
  4.19  the date of reinstatement.  The last sentence of the above 
  4.20  provision may be omitted from any a policy which the insured has 
  4.21  the right to continue in force subject to its terms by the 
  4.22  timely payment of premiums (1) until at least age 50, or, (2) in 
  4.23  the case of a policy issued after age 44, for at least five 
  4.24  years from its date of issue. 
  4.25     (5) A provision as follows: 
  4.26     NOTICE OF CLAIM:  Written notice of claim must be given to 
  4.27  the insurer within 20 days after the occurrence or commencement 
  4.28  of any loss covered by the policy, or as soon thereafter as is 
  4.29  reasonably possible.  Notice given by or on behalf of the 
  4.30  insured or the beneficiary to the insurer at ..... (insert the 
  4.31  location of such the office as designated by the insurer may 
  4.32  designate for the purpose), or to any an authorized agent of the 
  4.33  insurer, with information sufficient to identify the 
  4.34  insured, shall be deemed constitutes notice to the insurer. 
  4.35     In a policy providing a loss-of-time benefit which may be 
  4.36  payable for at least two years, an insurer may at its option 
  5.1   insert the following between the first and second sentences of 
  5.2   the above provision: 
  5.3      Subject to the qualifications set forth below, if the 
  5.4   insured suffers loss of time on account of disability for which 
  5.5   indemnity may be payable for at least two years, the insured 
  5.6   shall, at least once in every six months after having given 
  5.7   notice of claim, give to the insurer notice of continuance of 
  5.8   said disability, except in the event of legal incapacity.  The 
  5.9   period of six months following any filing of proof by the 
  5.10  insured or any payment by the insurer on account of such claim 
  5.11  or any denial of liability in whole or in part by the insurer 
  5.12  shall be excluded in applying this provision.  Delay in the 
  5.13  giving of such notice shall not impair the insured's right to 
  5.14  any indemnity which would otherwise have accrued during the 
  5.15  period of six months preceding the date on which such notice is 
  5.16  actually given. 
  5.17     (6) A provision as follows: 
  5.18     CLAIM FORMS:  The insurer, upon receipt of a notice of 
  5.19  claim, will furnish must provide proof of loss forms to the 
  5.20  claimant such forms as are usually furnished by it for filing 
  5.21  proofs of loss.  If such the forms are not furnished within 15 
  5.22  days after the giving of such notice, the claimant shall be 
  5.23  deemed is considered to have complied with the requirements of 
  5.24  this policy as to proof of loss upon submitting, within the time 
  5.25  fixed specified in the policy for filing proofs of loss, written 
  5.26  proof covering the occurrence, and the character and the extent 
  5.27  of the loss for which the claim is made. 
  5.28     (7) A provision as follows: 
  5.29     PROOFS OF LOSS:  Written proof of loss must be furnished to 
  5.30  the insurer at its said office in case of claim for loss for 
  5.31  which this policy provides any a periodic payment contingent 
  5.32  upon continuing loss within 90 days after the termination of the 
  5.33  period for which the insurer is liable and in case of claim for 
  5.34  any other loss within 90 days after the date of such the loss.  
  5.35  Failure to furnish such proof within the time required shall not 
  5.36  invalidate nor reduce any a claim if it was not reasonably 
  6.1   possible to give proof within such the specified time, provided 
  6.2   such that proof is furnished as soon as reasonably possible and 
  6.3   in no event, except in the absence of legal capacity, later than 
  6.4   one year from the time proof is otherwise required. 
  6.5      (8) A provision as follows: 
  6.6      TIME OF PAYMENT OF CLAIMS:  Indemnities payable under this 
  6.7   policy for any a loss other than loss for which this policy 
  6.8   provides periodic payment will be paid immediately upon receipt 
  6.9   of due written proof of such the loss.  Subject to due written 
  6.10  proof of loss, all accrued indemnities for loss for which this 
  6.11  policy provides periodic payment will be paid ..... (insert 
  6.12  period for payment which must not be less frequently than 
  6.13  monthly) and any balance remaining unpaid upon the termination 
  6.14  of liability will be paid immediately upon receipt of due 
  6.15  written proof. 
  6.16     (9) A provision as follows: 
  6.17     PAYMENT OF CLAIMS:  Indemnity for loss of life will be is 
  6.18  payable in accordance with the beneficiary designation and the 
  6.19  policy provisions respecting such that apply to the payment 
  6.20  which may be prescribed herein and that are effective at the 
  6.21  time of payment.  If no such designation or provision is then 
  6.22  effective, such the indemnity shall be is payable to the estate 
  6.23  of the insured.  Any The insurer may pay other accrued 
  6.24  indemnities unpaid at the insured's death may, at the option of 
  6.25  the insurer, be paid to either to such the beneficiary or to 
  6.26  such the estate.  All other indemnities will be are payable to 
  6.27  the insured. 
  6.28     The insurer may include the following provisions, or either 
  6.29  of them, may be included with the foregoing provision at the 
  6.30  option of the insurer: 
  6.31     If any an indemnity of this policy shall be is payable to 
  6.32  the estate of the insured, or to an insured or beneficiary who 
  6.33  is a minor or otherwise not competent to give a valid release, 
  6.34  the insurer may pay such the indemnity, up to an amount not 
  6.35  exceeding $..... (insert an amount which shall not exceed 
  6.36  $1,000), to any a relative by blood or connection by marriage of 
  7.1   the insured or beneficiary who is deemed considered by the 
  7.2   insurer to be equitably entitled thereto.  Any A payment made by 
  7.3   the insurer in good faith pursuant to under this provision shall 
  7.4   fully discharge completely discharges the insurer to the extent 
  7.5   of such the payment. 
  7.6      Subject to any written direction of Unless otherwise 
  7.7   directed in writing by the insured in the application 
  7.8   or otherwise all or a portion of any indemnities no later than 
  7.9   the time of filing proofs of the loss, an insurer may pay an 
  7.10  indemnity provided by this policy on account of for hospital, 
  7.11  nursing, medical, or surgical services may, at the insurer's 
  7.12  option and unless the insured requests otherwise in writing not 
  7.13  later than the time of filing proofs of such loss, be paid 
  7.14  directly to the hospital or person rendering such services; but 
  7.15  it is not required that providing the service.  This provision 
  7.16  does not require the service to be rendered provided by a 
  7.17  particular hospital or person. 
  7.18     (10) A provision as follows: 
  7.19     PHYSICAL EXAMINATIONS AND AUTOPSY:  The insurer at its own 
  7.20  expense shall have the right and opportunity to may examine the 
  7.21  person of the insured when and as often as it may reasonably 
  7.22  require reasonable during the pendency of a claim hereunder and 
  7.23  to make may require an autopsy to be performed in case of death 
  7.24  where it is not forbidden by law. 
  7.25     (11) A provision as follows: 
  7.26     LEGAL ACTIONS:  No action at law or in equity shall may be 
  7.27  brought to recover on this policy prior to before the expiration 
  7.28  of 60 days after written proof of loss has been furnished in 
  7.29  accordance with the requirements of this policy.  No such action 
  7.30  shall may be brought after the expiration of three years after 
  7.31  the time written proof of loss is required to be furnished. 
  7.32     (12) A provision as follows: 
  7.33     CHANGE OF BENEFICIARY:  Unless the insured makes an 
  7.34  irrevocable designation of beneficiary, the right to change of 
  7.35  the beneficiary is reserved to the insured and the consent of 
  7.36  the beneficiary or beneficiaries shall not be requisite to is 
  8.1   not required for the surrender or assignment of this policy or 
  8.2   to any, a change of beneficiary or beneficiaries, or to any 
  8.3   other changes in this policy.  The insurer may omit the first 
  8.4   clause of this provision, relating to the irrevocable 
  8.5   designation of beneficiary, may be omitted at the insurer's 
  8.6   option. 
  8.7      Sec. 2.  Minnesota Statutes 1996, section 62A.04, 
  8.8   subdivision 3, is amended to read: 
  8.9      Subd. 3.  [OPTIONAL PROVISIONS.] Except as provided in 
  8.10  subdivision 4, no such policy of accident and sickness insurance 
  8.11  delivered or issued for delivery to any a person in this 
  8.12  state shall other than a policy that is limited to disability or 
  8.13  income protection coverage may contain provisions respecting the 
  8.14  matters set forth specified below unless such the provisions are 
  8.15  in the words in which the same appear provided in this section.  
  8.16  The insurer may, at its option, use in lieu of any such 
  8.17  provision a corresponding provision of different wording 
  8.18  approved by the commissioner which is not less favorable in any 
  8.19  respect to the insured or the beneficiary.  Any such A provision 
  8.20  contained in the policy shall must be preceded individually by 
  8.21  the appropriate caption appearing in this subdivision or, at the 
  8.22  option of.  The insurer, by such may use an appropriate 
  8.23  alternative individual or group captions or subcaptions 
  8.24  as caption if approved by the commissioner may approve. 
  8.25     (1) A provision as follows: 
  8.26     CHANGE OF OCCUPATION:  If the insured be is injured or 
  8.27  contract sickness contracts an illness after having changed 
  8.28  changing occupations to one classified by the insurer as more 
  8.29  hazardous than that stated in this policy or while doing for 
  8.30  compensation anything pertaining to an occupation so classified, 
  8.31  the insurer will pay only such the portion of the indemnities 
  8.32  provided in this policy as the premiums paid would have 
  8.33  purchased at the rates and within the limits fixed by the 
  8.34  insurer for such the more hazardous occupation.  If the insured 
  8.35  changes occupations to one classified by the insurer as less 
  8.36  hazardous than that stated in this policy, the insurer, upon 
  9.1   receipt of proof of such the change of occupation will reduce 
  9.2   the premium rate accordingly, and will return the excess pro 
  9.3   rata unearned premium from the date of change of occupation or 
  9.4   from the policy anniversary date immediately preceding receipt 
  9.5   of such the proof, whichever is the more recent.  In applying 
  9.6   this provision, The classification of occupational risk and the 
  9.7   premium rates shall be such as have been last filed by the 
  9.8   insurer prior to:  (a) before the occurrence of the loss for 
  9.9   which the insurer is liable; or prior to (b) before the date of 
  9.10  proof of change in occupation with the state official having 
  9.11  supervision of insurance in the state where the insured resided 
  9.12  at the time this policy was issued; but apply to this 
  9.13  provision.  If such filing was is not required, then the 
  9.14  classification of occupational risk and the premium rates shall 
  9.15  be those last made effective by the insurer in such the 
  9.16  state prior to before the occurrence of the loss or prior to 
  9.17  before the date of proof of change of occupation apply to this 
  9.18  provision. 
  9.19     (2) A provision as follows: 
  9.20     MISSTATEMENT OF AGE:  If the age of the insured has been 
  9.21  misstated, all amounts payable under this policy shall be such 
  9.22  are the same as the premium paid would have purchased at the 
  9.23  correct age. 
  9.24     (3) A provision as follows: 
  9.25     OTHER INSURANCE IN THIS INSURER:  If an accident or 
  9.26  sickness or accident and sickness policy or policies previously 
  9.27  issued by the insurer to the insured be is concurrently in force 
  9.28  concurrently herewith, making and the aggregate indemnity for 
  9.29  ..... (insert type of coverage or coverages) is in excess of 
  9.30  $..... (insert maximum limit of indemnity or indemnities) the 
  9.31  excess insurance shall be is void and all premiums paid for such 
  9.32  the excess shall must be returned to the insured or to the 
  9.33  insured's estate, or, in lieu thereof: insurance effective at 
  9.34  any one time on the insured under a like similar policy or 
  9.35  policies in of this insurer is limited to the one such policy 
  9.36  elected by the insured, or the insured's beneficiary or estate, 
 10.1   as the case may be, and the insurer will return all premiums 
 10.2   paid for all other such policies. 
 10.3      (4) A provision as follows: 
 10.4      INSURANCE WITH OTHER INSURERS:  If there be is other valid 
 10.5   coverage, not with this insurer, providing benefits for the same 
 10.6   loss on a provision of service basis or on an expense incurred 
 10.7   basis and of which this insurer has not been given written 
 10.8   notice prior to before the occurrence or commencement of loss, 
 10.9   the only liability under any expense incurred coverage of this 
 10.10  policy shall be is for such the proportion of the loss as the 
 10.11  amount which would otherwise have been payable hereunder under 
 10.12  the policy plus the total of the like amounts under all such 
 10.13  other valid coverages for the same loss of which this insurer 
 10.14  had notice bears to the total like amounts under all valid 
 10.15  coverages for such the loss, and for the return of such the 
 10.16  portion of the premiums paid as shall exceed that exceeds the 
 10.17  pro rata portion for the amount so determined.  For the purpose 
 10.18  of applying this provision when other coverage is on a provision 
 10.19  of service basis, the "like amount" of such the other 
 10.20  coverage shall be taken as is the amount which the services 
 10.21  rendered provided would have cost in the absence of such the 
 10.22  coverage. 
 10.23     If the foregoing policy provision clause (4) is included in 
 10.24  a policy which also contains the next following policy provision 
 10.25  there shall be added to the caption of the foregoing provision, 
 10.26  the phrase "EXPENSE INCURRED BENEFITS." must be added to the 
 10.27  caption specified under clause (4).  The insurer may, at its 
 10.28  option, include in this provision a definition of "other valid 
 10.29  coverage," approved as to in a form approved by the commissioner 
 10.30  , which.  The definition shall be is limited in subject matter 
 10.31  to coverage provided by organizations subject to regulation by 
 10.32  insurance law or by insurance authorities of this or any other 
 10.33  another state of the United States or any a province of Canada, 
 10.34  and by hospital or medical service organizations, and to any 
 10.35  other coverage the inclusion of which may be approved by the 
 10.36  commissioner.  In the absence of such a definition such, the 
 11.1   term shall does not include group insurance, automobile medical 
 11.2   payments insurance, or coverage provided by hospital or medical 
 11.3   service organizations or by union welfare plans or employer or 
 11.4   employee benefit organizations.  For the purpose of applying the 
 11.5   foregoing this policy provision with respect to any an insured, 
 11.6   any amount of benefit provided for such the insured pursuant to 
 11.7   any under a compulsory benefit statute (including any a workers' 
 11.8   compensation or employer's liability statute) whether provided 
 11.9   by a governmental agency or otherwise shall in all cases be 
 11.10  deemed is considered to be "other valid coverage" of which the 
 11.11  insurer has had notice.  In applying the foregoing this policy 
 11.12  provision no, third party liability coverage shall may not be 
 11.13  included as "other valid coverage." 
 11.14     (5) A provision as follows: 
 11.15     INSURANCE WITH OTHER INSURERS:  If there be is other valid 
 11.16  coverage, not with this insurer, providing benefits for the same 
 11.17  loss on other than an expense incurred basis and of which this 
 11.18  insurer has not been given written notice prior to before the 
 11.19  occurrence or commencement of loss, the only liability for such 
 11.20  the benefits under this policy shall be is for such the 
 11.21  proportion of the indemnities otherwise provided hereunder under 
 11.22  this policy for such the loss as the like indemnities of which 
 11.23  the insurer had notice (including the indemnities under this 
 11.24  policy) bear to the total amount of all like indemnities 
 11.25  for such the loss, and for the return of such the portion of the 
 11.26  premium paid as shall exceed that exceeds the pro rata portion 
 11.27  for the indemnities thus as determined under this provision. 
 11.28     If the foregoing policy provision clause (5) is included in 
 11.29  a policy which also contains the next preceding following policy 
 11.30  provision there shall be added to the caption of the foregoing 
 11.31  provision, the phrase -- "OTHER BENEFITS."  must be added to the 
 11.32  caption specified in clause (5).  The insurer may, at its 
 11.33  option, include in this provision a definition of "other valid 
 11.34  coverage," approved as to form by the commissioner, which.  The 
 11.35  definition shall be is limited in subject matter to coverage 
 11.36  provided by organizations subject to regulation by insurance law 
 12.1   or by insurance authorities of this or any other another state 
 12.2   of the United States or any a province of Canada, and to any 
 12.3   other coverage the inclusion of which may be approved by the 
 12.4   commissioner.  In the absence of such a definition such, the 
 12.5   term shall does not include group insurance, or benefits 
 12.6   provided by union welfare plans or by employer or employee 
 12.7   benefit organizations.  For the purpose of applying the 
 12.8   foregoing this policy provision with respect to any an insured, 
 12.9   any amount of benefit provided for such the insured pursuant to 
 12.10  any under a compulsory benefit statute (including any a workers' 
 12.11  compensation or employer's liability statute) whether provided 
 12.12  by a governmental agency or otherwise shall in all cases be 
 12.13  deemed is considered to be "other valid coverage" of which the 
 12.14  insurer has had notice.  In applying the foregoing this policy 
 12.15  provision no, third party liability coverage shall may not be 
 12.16  included as "other valid coverage." 
 12.17     (6) A provision as follows: 
 12.18     RELATION OF EARNINGS TO INSURANCE:  If the total monthly 
 12.19  amount of loss of time benefits promised for the same loss under 
 12.20  all valid loss of time coverage upon the insured, whether 
 12.21  payable on a weekly or monthly basis, shall exceed the monthly 
 12.22  earnings of the insured at the time disability commenced or the 
 12.23  insured's average monthly earnings for the period of two years 
 12.24  immediately preceding a disability for which claim is made, 
 12.25  whichever is the greater, the insurer will be liable only for 
 12.26  such proportionate amount of such benefits under this policy as 
 12.27  the amount of such monthly earnings or such average monthly 
 12.28  earnings of the insured bears to the total amount of monthly 
 12.29  benefits for the same loss under all such coverage upon the 
 12.30  insured at the time such disability commences and for the return 
 12.31  of such part of the premiums paid during such two years as shall 
 12.32  exceed the pro rata amount of the premiums for the benefits 
 12.33  actually paid hereunder; but this shall not operate to reduce 
 12.34  the total monthly amount of benefits payable under all such 
 12.35  coverage upon the insured below the sum of $200 or the sum of 
 12.36  the monthly benefits specified in such coverages, whichever is 
 13.1   the lesser, nor shall it operate to reduce benefits other than 
 13.2   those payable for loss of time. 
 13.3      The foregoing policy provision may be inserted only in a 
 13.4   policy which the insured has the right to continue in force 
 13.5   subject to its terms by the timely payment of premiums (1) until 
 13.6   at least age 50, or, (2) in the case of a policy issued after 
 13.7   age 44, for at least five years from its date of issue.  The 
 13.8   insurer may, at its option, include in this provision a 
 13.9   definition of "valid loss of time coverage," approved as to form 
 13.10  by the commissioner, which definition shall be limited in 
 13.11  subject matter to coverage provided by governmental agencies or 
 13.12  by organizations subject to regulation by insurance law or by 
 13.13  insurance authorities of this or any other state of the United 
 13.14  States or any province of Canada, or to any other coverage the 
 13.15  inclusion of which may be approved by the commissioner or any 
 13.16  combination of such coverages.  In the absence of such 
 13.17  definition such term shall not include any coverage provided for 
 13.18  such insured pursuant to any compulsory benefit statute 
 13.19  (including any workers' compensation or employer's liability 
 13.20  statute), or benefits provided by union welfare plans or by 
 13.21  employer or employee benefit organizations. 
 13.22     (7) A provision as follows: 
 13.23     UNPAID PREMIUM:  Upon the payment of a claim under this 
 13.24  policy, any Premium then that is due and unpaid or covered by 
 13.25  any a note or written order may be deducted therefrom from the 
 13.26  payment of a claim under this policy. 
 13.27     (8) (7) A provision as follows: 
 13.28     CANCELLATION:  The insurer may cancel this policy at any 
 13.29  time by written notice delivered to the insured or mailed to the 
 13.30  insured's last address as shown by the records of the insurer, 
 13.31  stating when, not less than five days thereafter, such the 
 13.32  cancellation shall be is effective; and after the policy has 
 13.33  been continued beyond its original term the insured may cancel 
 13.34  this policy at any time by written notice delivered or mailed to 
 13.35  the insurer, effective upon receipt or on such a later date as 
 13.36  may be specified in such the notice.  In the event of 
 14.1   cancellation, the insurer will must promptly return promptly the 
 14.2   unearned portion of any premium paid.  If the insured cancels, 
 14.3   the earned premium shall must be computed by the use of the 
 14.4   short-rate table last filed with the state official having 
 14.5   supervision of insurance in the state where the insured resided 
 14.6   when the policy was issued.  If the insurer cancels, the earned 
 14.7   premium shall must be computed pro rata.  Cancellation shall be 
 14.8   is without prejudice to any claim originating prior to before 
 14.9   the effective date of cancellation. 
 14.10     (9) (8) A provision as follows: 
 14.11     CONFORMITY WITH STATE STATUTES:  Any provision of this 
 14.12  policy which, on its effective date, is in conflict with the 
 14.13  statutes of the state in which the insured resides on such that 
 14.14  date is hereby amended to conform to the minimum requirements of 
 14.15  such the statutes. 
 14.16     (10) (9) A provision as follows: 
 14.17     ILLEGAL OCCUPATION:  The insurer shall is not be liable for 
 14.18  any loss to which a contributing cause was the insured's 
 14.19  commission of or attempt to commit a felony or to which a 
 14.20  contributing cause was the insured's being engaged in an illegal 
 14.21  occupation. 
 14.22     (11) (10) A provision as follows: 
 14.23     NARCOTICS:  The insurer shall is not be liable for any loss 
 14.24  sustained or contracted in consequence of the insured's being 
 14.25  under the influence of any narcotic unless administered on the 
 14.26  advice of a physician. 
 14.27     Sec. 3.  [62A.0405] [STANDARD PROVISIONS; DISABILITY 
 14.28  POLICIES.] 
 14.29     Subdivision 1.  [REQUIRED PROVISIONS.] Except as provided 
 14.30  in subdivision 3, each disability or income protection policy 
 14.31  delivered or issued for delivery to a person in this state shall 
 14.32  contain the provisions specified in this subdivision in the 
 14.33  words in which the same appear in this section.  The insurer may 
 14.34  substitute for one or more of the provisions corresponding 
 14.35  provisions of different wording approved by the commissioner 
 14.36  which are in each instance not less favorable in any respect to 
 15.1   the insured or the beneficiary.  The provisions must be preceded 
 15.2   individually by the caption appearing in this subdivision or, at 
 15.3   the option of the insurer, by appropriate individual or group 
 15.4   captions or subdivisions as the commissioner may approve. 
 15.5      (1) A provision as follows: 
 15.6      ENTIRE CONTRACT; CHANGES:  This policy, including the 
 15.7   endorsements and the attached papers, constitutes the entire 
 15.8   contract of insurance.  No change in this policy is valid until 
 15.9   approved by an executive officer of the insurer and unless the 
 15.10  approval is endorsed or attached.  An agent may not change this 
 15.11  policy or waive any of its provisions. 
 15.12     (2) A provision as follows: 
 15.13     TIME LIMIT ON CERTAIN DEFENSES:  (a) After two years from 
 15.14  the date of issue of this policy, no misstatements, except 
 15.15  fraudulent misstatements made by the applicant in the 
 15.16  application for the policy, may be used to void the policy or to 
 15.17  deny a claim for loss incurred or disability (as defined in the 
 15.18  policy) beginning after the expiration of the two-year period. 
 15.19     The foregoing policy provisions shall not be so construed 
 15.20  as to affect any legal requirement for avoidance of a policy or 
 15.21  denial of a claim during the initial two-year period, nor to 
 15.22  limit the application of clauses (1), (2), (3), (4), and (5), in 
 15.23  the event of misstatement with respect to age or occupation or 
 15.24  other insurance.  A policy which the insured has the right to 
 15.25  continue in force subject to its terms by the timely payment of 
 15.26  premium:  (1) until at least age 50; or (2) in the case of a 
 15.27  policy issued after age 44, for at least five years from its 
 15.28  date of issue, may contain in lieu of the foregoing the 
 15.29  following provisions (from which the clause in parentheses may 
 15.30  be omitted at the insurer's option) under the caption 
 15.31  "INCONTESTABLE": 
 15.32     After this policy has been in force for a period of two 
 15.33  years during the lifetime of the insured (excluding any period 
 15.34  during which the insured is disabled), it is incontestable as to 
 15.35  the statements contained in the application. 
 15.36     (b) No claim for loss incurred or disability (as defined in 
 16.1   the policy) that begins more than two years after the date of 
 16.2   issue of this policy shall be reduced or denied because a 
 16.3   disease or physical condition existed prior to the effective 
 16.4   date of coverage of this policy, unless excluded by name or 
 16.5   specific description in this contract. 
 16.6      (3) A provision as follows: 
 16.7      GRACE PERIOD:  A grace period of ..... (insert a number not 
 16.8   less than "7" for weekly premium policies, "10" for monthly 
 16.9   premium policies, and "31" for all other policies) days will be 
 16.10  granted for the payment of each premium falling due after the 
 16.11  first premium, during which grace period the policy shall 
 16.12  continue in force. 
 16.13     A policy which contains a cancellation provision may add, 
 16.14  at the end of the above provision, 
 16.15     subject to the right of the insurer to cancel in accordance 
 16.16  with the cancellation provision. 
 16.17     A policy in which the insurer reserves the right to refuse 
 16.18  any renewal shall have, at the beginning of the above provision, 
 16.19     Unless not less than five days prior to the premium due 
 16.20  date the insurer has delivered to the insured or has mailed to 
 16.21  the insured's last address as shown by the records of the 
 16.22  insurer written notice of its intention not to renew this policy 
 16.23  beyond the period for which the premium has been accepted. 
 16.24     (4) A provision as follows: 
 16.25     REINSTATEMENT:  If a renewal premium is not paid within the 
 16.26  time granted the insured for payment, a subsequent acceptance of 
 16.27  premium by the insurer or by an agent authorized by the insurer 
 16.28  to accept the premium, without requiring an application for 
 16.29  reinstatement, reinstates the policy.  If the insurer requires 
 16.30  an application for reinstatement and issues a conditional 
 16.31  receipt for the premium tendered, the policy is reinstated when 
 16.32  the insurer approves the application or, without approval, on 
 16.33  the forty-fifth day following the date of the conditional 
 16.34  receipt unless the insurer has previously notified the insured 
 16.35  in writing of its disapproval of the application. 
 16.36     Coverage under the reinstated policy is limited to loss 
 17.1   resulting from accidental injury sustained after the date of 
 17.2   reinstatement and loss due to an illness or disease that begins 
 17.3   more than ten days after the reinstatement date.  In all other 
 17.4   respects the insured and insurer have the same rights as they 
 17.5   had under the policy immediately before the due date of the 
 17.6   defaulted premium, subject to any provisions endorsed or 
 17.7   attached in connection with the reinstatement.  Premium accepted 
 17.8   in connection with a reinstatement must be applied to a period 
 17.9   for which premium has not been previously paid, but not to a 
 17.10  period more than 60 days before the date of reinstatement.  The 
 17.11  last sentence of the above provision may be omitted from a 
 17.12  policy which the insured has the right to continue in force 
 17.13  subject to its terms by the timely payment of premiums:  (1) 
 17.14  until at least age 50; or (2) in the case of a policy issued 
 17.15  after age 44, for at least five years from its date of issue. 
 17.16     (5) A provision as follows: 
 17.17     NOTICE OF CLAIM:  Written notice of claim must be given to 
 17.18  the insurer within 20 days after the occurrence or commencement 
 17.19  of loss covered by the policy, or as soon thereafter as is 
 17.20  reasonably possible.  Notice given by or on behalf of the 
 17.21  insured or the beneficiary to the insurer at ..... (insert the 
 17.22  location of the office designated by the insurer), or to an 
 17.23  authorized agent of the insurer, with information sufficient to 
 17.24  identify the insured, constitutes notice to the insurer. 
 17.25     In a policy providing a loss-of-time benefit which may be 
 17.26  payable for at least two years, an insurer may insert the 
 17.27  following between the first and second sentences of the above 
 17.28  provision: 
 17.29     Subject to the qualifications specified below, if the 
 17.30  insured suffers loss of time on account of disability for which 
 17.31  indemnity may be payable for at least two years, the insured 
 17.32  shall, at least once in every six months after having given 
 17.33  notice of claim, give to the insurer notice of continuance of 
 17.34  the disability, except in the event of legal incapacity.  This 
 17.35  provision does not apply to the six-month period following a 
 17.36  filing of proof by the insured, a payment by the insurer on the 
 18.1   claim, or a denial of liability in whole or in part by the 
 18.2   insurer.  Delay in providing notice does not impair the 
 18.3   insured's right to an indemnity which would otherwise have 
 18.4   accrued during the period of six months preceding the date on 
 18.5   which the notice is actually given. 
 18.6      (6) A provision as follows: 
 18.7      CLAIM FORMS:  The insurer, upon receipt of a notice of 
 18.8   claim, must provide proof of loss forms to the claimant.  If the 
 18.9   forms are not furnished within 15 days after the giving of 
 18.10  notice, the claimant is considered to have complied with the 
 18.11  requirements of this policy as to proof of loss upon submitting, 
 18.12  within the time specified in the policy for filing proofs of 
 18.13  loss, written proof covering the occurrence, and the character 
 18.14  and extent of the loss for which the claim is made. 
 18.15     (7) A provision as follows: 
 18.16     PROOFS OF LOSS:  Written proof of loss must be furnished to 
 18.17  the insurer at its office in case of claim for loss for which 
 18.18  this policy provides a periodic payment contingent upon 
 18.19  continuing loss within 90 days after the termination of the 
 18.20  period for which the insurer is liable and in case of claim for 
 18.21  any other loss within 90 days after the date of the loss.  
 18.22  Failure to furnish proof within the time required shall not 
 18.23  invalidate nor reduce a claim if it was not reasonably possible 
 18.24  to give proof within the specified time, provided that proof is 
 18.25  furnished as soon as reasonably possible and in no event, except 
 18.26  in the absence of legal capacity, later than one year from the 
 18.27  time proof is otherwise required. 
 18.28     (8) A provision as follows: 
 18.29     TIME OF PAYMENT OF CLAIMS:  Indemnities payable under this 
 18.30  policy for a loss other than loss for which this policy provides 
 18.31  periodic payment will be paid immediately upon receipt of due 
 18.32  written proof of the loss.  Subject to due written proof of 
 18.33  loss, all accrued indemnities for loss for which this policy 
 18.34  provides periodic payment will be paid ..... (insert period for 
 18.35  payment which must not be less frequently than monthly) and any 
 18.36  balance remaining unpaid upon the termination of liability will 
 19.1   be paid immediately upon receipt of due written proof. 
 19.2      (9) A provision as follows: 
 19.3      PAYMENT OF CLAIMS:  Indemnity for loss of life is payable 
 19.4   in accordance with the beneficiary designation and the policy 
 19.5   provisions that apply to the payment and that are effective at 
 19.6   the time of payment.  If no designation or provision is then 
 19.7   effective, the indemnity is payable to the estate of the 
 19.8   insured.  The insurer may pay other accrued indemnities unpaid 
 19.9   at the insured's death to either the beneficiary or the estate.  
 19.10  All other indemnities are payable to the insured. 
 19.11     The insurer may include the following provisions, or either 
 19.12  of them, with the foregoing provision: 
 19.13     If an indemnity of this policy is payable to the estate of 
 19.14  the insured, or to an insured or beneficiary who is a minor or 
 19.15  otherwise not competent to give a valid release, the insurer may 
 19.16  pay the indemnity, up to an amount not exceeding $..... (insert 
 19.17  an amount which shall not exceed $1,000), to a relative by blood 
 19.18  or connection by marriage of the insured or beneficiary who is 
 19.19  considered by the insurer to be equitably entitled.  A payment 
 19.20  made by the insurer in good faith under this provision 
 19.21  completely discharges the insurer to the extent of the payment. 
 19.22     (10) A provision as follows: 
 19.23     EXAMINATIONS AND AUTOPSY:  The insurer at its own expense 
 19.24  may examine the person of the insured when and as often as 
 19.25  reasonable during the pendency of a claim and may require an 
 19.26  autopsy to be performed in case of death where it is not 
 19.27  forbidden by law. 
 19.28     (11) A provision as follows: 
 19.29     LEGAL ACTIONS:  No action at law or in equity may be 
 19.30  brought to recover on this policy before the expiration of 60 
 19.31  days after written proof of loss has been furnished in 
 19.32  accordance with the requirements of this policy.  No action may 
 19.33  be brought after the expiration of three years after the time 
 19.34  written proof of loss is required to be furnished. 
 19.35     (12) A provision as follows: 
 19.36     CHANGE OF BENEFICIARY:  Unless the insured makes an 
 20.1   irrevocable designation of beneficiary, the right to change the 
 20.2   beneficiary is reserved to the insured and the consent of the 
 20.3   beneficiary is not required for the surrender or assignment of 
 20.4   this policy, a change of beneficiary, or other changes in this 
 20.5   policy.  The insurer may omit the first clause of this provision 
 20.6   relating to the irrevocable designation of beneficiary. 
 20.7      Subd. 2.  [OPTIONAL PROVISIONS.] Except as provided in 
 20.8   subdivision 3, no disability or income protection policy 
 20.9   delivered or issued for delivery to a person in this state may 
 20.10  contain provisions respecting the matters specified below unless 
 20.11  the provisions are in the words provided in this section.  The 
 20.12  insurer may use a corresponding provision of different wording 
 20.13  approved by the commissioner which is not less favorable in any 
 20.14  respect to the insured or the beneficiary.  A provision 
 20.15  contained in the policy must be preceded individually by the 
 20.16  appropriate caption appearing in this subdivision.  The insurer 
 20.17  may use an appropriate alternative individual or group caption 
 20.18  if approved by the commissioner. 
 20.19     (1) A provision as follows: 
 20.20     CHANGE OF OCCUPATION:  If the insured is injured or 
 20.21  contracts an illness after changing occupations to one 
 20.22  classified by the insurer as more hazardous than that stated in 
 20.23  this policy or while doing for compensation anything pertaining 
 20.24  to an occupation so classified, the insurer will pay only the 
 20.25  portion of the indemnities provided in this policy as the 
 20.26  premiums paid would have purchased at the rates and within the 
 20.27  limits fixed by the insurer for the more hazardous occupation.  
 20.28  If the insured changes occupations to one classified by the 
 20.29  insurer as less hazardous than that stated in this policy, the 
 20.30  insurer, upon receipt of proof of the change of occupation will 
 20.31  reduce the premium rate accordingly, and will return the excess 
 20.32  pro rata unearned premium from the date of change of occupation 
 20.33  or from the policy anniversary date immediately preceding 
 20.34  receipt of the proof, whichever is the more recent.  The 
 20.35  classification of occupational risk and the premium rates last 
 20.36  filed by the insurer:  (a) before the occurrence of the loss for 
 21.1   which the insurer is liable; or (b) before the date of proof of 
 21.2   change in occupation with the state official having supervision 
 21.3   of insurance in the state where the insured resided at the time 
 21.4   this policy was issued; apply to this provision.  If filing is 
 21.5   not required, then the classification of occupational risk and 
 21.6   the premium rates last made effective by the insurer in the 
 21.7   state before the occurrence of the loss or before the date of 
 21.8   proof of change of occupation apply to this provision. 
 21.9      (2) A provision as follows: 
 21.10     MISSTATEMENT OF AGE:  If the age of the insured has been 
 21.11  misstated, all amounts payable under this policy are the same as 
 21.12  the premium paid would have purchased at the correct age. 
 21.13     (3) A provision as follows: 
 21.14     INSURANCE WITH OTHER INSURERS:  If there is other valid 
 21.15  disability or income protection insurance coverage, not with 
 21.16  this insurer, of which this insurer has not been given written 
 21.17  notice before the occurrence or commencement of loss or which 
 21.18  coverage has been misstated, all amounts payable under this 
 21.19  policy are limited to the amount of coverage which would have 
 21.20  been issued by this insurer had the amount of the other 
 21.21  insurance been disclosed. 
 21.22     If the amount of other valid disability or income 
 21.23  protection insurance coverage, not with this insurer, of which 
 21.24  the insurer has not been given written notice before the 
 21.25  occurrence or commencement of loss or which amount has been 
 21.26  misstated, exceeds the amount of insurance this insurer would 
 21.27  have issued, liability under this policy is limited to a refund 
 21.28  of premium. 
 21.29     If the amount of other valid disability or income 
 21.30  protection insurance coverage, not with this insurer, has been 
 21.31  misstated, the amount, type, and duration of the benefits 
 21.32  payable under this policy or any agreement attached to this 
 21.33  policy will be that amount, type, and duration of benefits which 
 21.34  the premiums paid would have purchased based upon the correct 
 21.35  disclosure of other valid disability or income protection 
 21.36  insurance coverage. 
 22.1      (4) A provision as follows: 
 22.2      OTHER INSURANCE IN THIS INSURER:  If a disability or income 
 22.3   protection policy issued by the insurer to the insured is 
 22.4   concurrently in force and the aggregate indemnity for ....... 
 22.5   (insert type of coverage or coverages) is in excess of $....... 
 22.6   (insert maximum limit of indemnity or indemnities) the excess 
 22.7   insurance is void and all premiums paid for the excess must be 
 22.8   returned to the insured or to the insured's estate, or insurance 
 22.9   effective at any one time on the insured under a similar policy 
 22.10  in this insurer is limited to the one policy elected by the 
 22.11  insured, or the insured's beneficiary or estate, as the case may 
 22.12  be, and the insurer will return all premiums paid for all other 
 22.13  policies. 
 22.14     (5) A provision as follows: 
 22.15     RELATION OF EARNINGS TO INSURANCE:  If the total monthly 
 22.16  amount of loss of time benefits promised for the same loss under 
 22.17  all valid loss of time coverage upon the insured, whether 
 22.18  payable on a weekly or monthly basis, exceeds the monthly 
 22.19  earnings of the insured at the time disability commenced or the 
 22.20  insured's average monthly earnings for the period of two years 
 22.21  immediately preceding a disability for which claim is made, 
 22.22  whichever is the greater, the insurer is liable only for the 
 22.23  proportionate amount of the benefits under this policy as the 
 22.24  amount of the monthly earnings or average monthly earnings of 
 22.25  the insured bears to the total amount of monthly benefits for 
 22.26  the same loss under all coverage upon the insured at the time 
 22.27  the disability commences and for the return of the part of the 
 22.28  premiums paid during the two years that exceeds the pro rata 
 22.29  amount of the premiums for the benefits actually paid under the 
 22.30  policy.  This provision does not reduce the total monthly amount 
 22.31  of benefits payable under all coverage upon the insured below 
 22.32  the sum of $200 or the sum of the monthly benefits specified in 
 22.33  the coverages, whichever is the lesser, and does not reduce 
 22.34  benefits other than those payable for loss of time. 
 22.35     This policy provision may only be inserted in a policy 
 22.36  which the insured has the right to continue in force subject to 
 23.1   its terms by the timely payment of premiums:  (1) until at least 
 23.2   age 50; or (2) in the case of a policy issued after age 44, for 
 23.3   at least five years from its date of issue.  The insurer may 
 23.4   include in this provision a definition of "valid loss of time 
 23.5   coverage," in a form approved by the commissioner.  The 
 23.6   definition is limited in subject matter to coverage provided by 
 23.7   governmental agencies or by organizations subject to regulation 
 23.8   by insurance law or by insurance authorities of this or another 
 23.9   state of the United States or a province of Canada, or to any 
 23.10  other coverage the inclusion of which may be approved by the 
 23.11  commissioner or a combination of coverages.  In the absence of a 
 23.12  definition, the term does not include any coverage provided for 
 23.13  the insured under a compulsory benefit statute (including a 
 23.14  workers' compensation or employer's liability statute), or 
 23.15  benefits provided by union welfare plans or by employer or 
 23.16  employee benefit organizations. 
 23.17     (6) A provision as follows: 
 23.18     UNPAID PREMIUM:  Premium that is due and unpaid or covered 
 23.19  by a note or written order may be deducted from the payment of a 
 23.20  claim under this policy. 
 23.21     (7) A provision as follows: 
 23.22     CANCELLATION:  The insurer may cancel this policy at any 
 23.23  time by written notice delivered to the insured or mailed to the 
 23.24  insured's last address as shown by the records of the insurer, 
 23.25  stating when, not less than five days thereafter, the 
 23.26  cancellation is effective; and after the policy has been 
 23.27  continued beyond its original term the insured may cancel this 
 23.28  policy at any time by written notice delivered or mailed to the 
 23.29  insurer, effective upon receipt or on a later date as may be 
 23.30  specified in the notice.  In the event of cancellation, the 
 23.31  insurer must promptly return the unearned portion of any premium 
 23.32  paid.  If the insured cancels, the earned premium must be 
 23.33  computed by the use of the short-rate table last filed with the 
 23.34  state official having supervision of insurance in the state 
 23.35  where the insured resided when the policy was issued.  If the 
 23.36  insurer cancels, the earned premium must be computed pro rata. 
 24.1   Cancellation is without prejudice to any claim originating 
 24.2   before the effective date of cancellation. 
 24.3      (8) A provision as follows: 
 24.4      CONFORMITY WITH STATE STATUTES:  Any provision of this 
 24.5   policy which, on its effective date, is in conflict with the 
 24.6   statutes of the state in which the insured resides on that date 
 24.7   is amended to conform to the minimum requirements of the 
 24.8   statutes. 
 24.9      (9) A provision as follows: 
 24.10     ILLEGAL OCCUPATION:  The insurer is not liable for any loss 
 24.11  to which a contributing cause was the insured's commission of or 
 24.12  attempt to commit a felony or to which a contributing cause was 
 24.13  the insured's being engaged in an illegal occupation. 
 24.14     (10) A provision as follows:  
 24.15     NARCOTICS:  The insurer is not liable for any loss 
 24.16  sustained or contracted in consequence of the insured's being 
 24.17  under the influence of any narcotic unless administered on the 
 24.18  advice of a physician. 
 24.19     Subd. 3.  [COVERAGE INCONSISTENT.] If any provision of this 
 24.20  section is in whole or in part inapplicable to or inconsistent 
 24.21  with the coverage provided by a particular form of policy the 
 24.22  insurer, with the approval of the commissioner, shall omit from 
 24.23  such policy any inapplicable provision or part of a provision, 
 24.24  and shall modify any inconsistent provision or part of the 
 24.25  provision in such manner as to make the provision as contained 
 24.26  in the policy consistent with the coverage provided by the 
 24.27  policy. 
 24.28     Subd. 4.  [ORDER OF PROVISIONS.] The provisions which are 
 24.29  the subject of subdivisions 1 and 2, or any corresponding 
 24.30  provisions which are used in lieu thereof in accordance with 
 24.31  subdivisions 1 and 2, shall be printed in the consecutive order 
 24.32  of the provisions in subdivisions 1 and 2 or, at the option of 
 24.33  the insurer, any such provision may appear as a unit in any part 
 24.34  of the policy, with other provisions to which it may be 
 24.35  logically related, provided the resulting policy shall not be in 
 24.36  whole or in part unintelligible, uncertain, ambiguous, abstruse, 
 25.1   or likely to mislead a person to whom the policy is offered, 
 25.2   delivered, or issued.