§431:2-201.2 Standards for commissioner. When reviewing a uniform standard, the commissioner shall consider the following standards in determining whether to opt out of a uniform standard:
(1) Whether the public interest is being served or protected;
(2) Whether the reasonable expectations of the consumer will be met;
(3) Whether the uniform standard is or will require a reasonably clear, plain English communication to the consumer;
(4) Whether the consumer will be protected in a typical transaction where the consumer may have less power, information, or understanding of the meaning or consequences of the transaction, or any part thereof, than the insurer or producer;
(5) The long-term effects of the uniform standard;
(6) The possible effects of the uniform standard on the financial condition of insurers;
(7) Confidentiality requirements in state or federal law;
(8) State and federal constitutional issues;
(9) The impact of the uniform standard on any provision of the insurance code or any state or federal law;
(10) The uniform standard's particular impact in the State and any conditions unique to the State; and
(11) The integration of the uniform standard with state or federal law and any possible conflicts with such laws. [L 2004, c 104, §3]
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