41-2026. POLICY STANDARDS — REPLACEMENT CONTRACTS. (1) Any insurer providing replacement coverage with respect to group life insurance benefits within a period of sixty (60) days from the date of discontinuance of the prior policy providing such benefits shall immediately cover all members of the group and dependents validly covered under the previous policy at the date of discontinuance who are within the definitions of eligibility and who would otherwise be eligible for coverage under the succeeding insurer’s policy, regardless of any limitations or exclusions relating to active employment or nonconfinement.

(2) Any member of the group or dependent entitled to coverage under a succeeding insurer’s policy pursuant to subsection (1) of this section shall continue to be covered by the succeeding insurer until the date coverage would terminate for a member of the group or dependent in accordance with the provisions of the succeeding insurer’s policy.

(3) No provision in the succeeding insurer’s policy of replacement coverage which would operate to reduce or exclude benefits on the basis that the condition giving rise to benefits preexisted the effective date of the succeeding insurer’s policy shall be applied with respect to those members of the group and dependents validly insured under the prior insurer’s policy on the date of discontinuance, if benefits would have been payable under the prior insurer’s policy.

(4) In a situation where a determination of the prior insurer’s benefit is required by the succeeding insurer, at the succeeding insurer’s request, the prior insurer shall furnish a statement of benefits available or pertinent information, sufficient to permit verification of the benefit determination by the succeeding insurer.

History:

[41-2026, added 1981, ch. 67, sec. 1, p. 97.]