Page:United States Statutes at Large Volume 67.djvu/199

This page needs to be proofread.

67 S T A T. ]

PUBLIC LAW 119-JULY 16, 1953

(3) of this section, are printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as 'EXCEPTIONS', or 'EXCEPTIONS AND REDUCTIONS': Provided, That, if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies; and "(6) each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and "(7) it contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the Superintendent. "(b) If any policy is issued by an insurer domiciled in the District for delivery to a person residing in another jurisdiction, and if the official having responsibility for the administration of the insurance laws of such other jurisdiction shall have advised the Superintendent that any such policy is not subject to approval or disapproval by such official, the Superintendent may by ruling require that such policy meet the standards set forth in paragraph (a) of this subsection and in subsection (3), " 3. ACCIDENT AND SICKNESS POLICY PROVISIONS

" (a) Required provisions: Except as provided in paragraph (c) of this subsection each such policy delivered or issued for delivery to any person in the District shall contain the provisions specified in this paragraph in the words in which the same appear in this paragraph: Provided, however, That the insurer may, at its option, substitute for one or more of such provisions corresponding provisions of different wording approved by the Superintendent which are in each instance not less favorable in any respect to the insured or the beneficiary. Such provisions shall be preceded individually by the caption appearing in this paragraph or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Superintendent may approve. " (1) A provision as follows: " 'ENTIRE CONTRACT; CHANGES: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions.' " (2) A provision as follows: " ' T I M E LiMrr ON CERTAIN DEFENSES: (aa) After three years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such three-year period.' " ( The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial three-year period, nor to limit the application of subsection 3(b), (1), (2), (3), (4), and (5) in the event of misstatement with respect to age or occupation or other insurance.) '*A policy which the insured has the right to continue in force subject

168