Attorney General Opinions

Section 431:10A-601 applied to all parts of article 10A if the category of policy under consideration included family coverage, as defined in §431:10A-103. Att. Gen. Op. 97-10.

§431:10A-201 Definitions. For the purposes of this article:

"Blanket disability insurance policy" means any policy or contract of accident and health or sickness insurance which does not require individual applications for covered persons and is:

(1) A policy issued to any common carrier of passengers, which shall be deemed the policyholder, that covers a group defined as all persons who may become passengers who shall be insured against loss or damage resulting from death or bodily injury either while or as a result of being passengers;

(2) A policy issued in the name of any volunteer fire department, first aid or ambulance squad, or volunteer police organization, which shall be deemed the policyholder, that covers all the members of the policyholder organization against loss from accidents resulting from hazards incidental to duties in connection with such organizations;

(3) A policy issued in the name of any established organization, whether incorporated or not, that is recognized by the community as being operated for the welfare of the community and its members and not for profit, which shall be deemed the policyholder, that covers all volunteer workers who serve without pecuniary compensation and the members of the organization against loss from accidents occurring while engaged in the actual performance of duties or activities of the policyholder organization;

(4) A policy issued to an employer, who shall be deemed the policyholder, that covers any group of employees defined by reference to exceptional hazards incident to employment and that insures employees against death or bodily injury resulting from or caused by exposure to exceptional hazards;

(5) A policy issued to a college, school, institute of learning, or to the head or principal of a college, school, or institute of learning, which or who shall be deemed the policyholder, that covers students or employees; or

(6) A policy issued to a substantially similar group that, pursuant to the discretion of the commissioner, may be properly eligible for blanket disability insurance;

provided that a blanket disability insurance policy shall not affect the liability of policyholders for the death of or injury to, any such member of such group.

"Employees" means the compensated officers, managers, and employees of the employer and of subsidiary or affiliated corporations of a corporation employer, the individual proprietors, partners, and employees of individuals and firms of which the business is under common control through stock ownership, contract, or otherwise, the individual proprietor or partners if the employer is an individual proprietor or a partnership and if specified by the policy, and retired employees.

"Employer" means any municipal corporation or governmental unit, agency, or department as well as private individuals, firms, corporations, and other persons.

"Group disability insurance" means that form of accident and health or sickness insurance covering groups of persons, with or without their dependents and family members, and issued under a master policy to:

(1) Groups that qualify for group life insurance under sections 431:10D-201 to 431:10D-211 and 431:10D-211.5 of this code; or

(2) An automobile club formed for purposes other than obtaining group insurance that covers the members of the club. [L 1987, c 347, pt of §2; am L 2002, c 155, §60; am L 2010, c 32, §2]