Section 375.1290

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 1993   

  375.1290.  Policyholder's right to reject, procedures — second and third notices, when — response deemed received, when. — 1.  Every policyholder shall have the right to reject the transfer and novation of their contract of insurance.  Policyholders electing to reject the assumption transaction shall return to the transferring insurer the preaddressed postage-paid response card or other written notice and indicate thereon that the assumption is rejected.

  2.  Payment of the next premium to the assuming company after the notice of transfer is received shall be deemed to indicate the policyholder's acceptance of the transfer to the assuming insurer, and a novation shall be deemed to have been effected, provided that the premium notice clearly states that payment of the premium to the assuming insurer shall constitute acceptance of the transfer.  However, the premium notice shall also provide a method for the insured to pay the premium while reserving the right to reject the transfer.

  3.  After no fewer than twelve months from the mailing of the initial notice of transfer required under subsection 1 of section 375.1287, if positive consent to the transfer and assumption has not been received and consent has not been deemed to have occurred under subsection 2 of this section, the transferring company shall send to the policyholder a second notice of transfer as specified in subsection 1 of section 375.1287.  After no fewer than twenty-four months from the mailing of the initial notice of transfer, if positive consent to the transfer and assumption has not been received and consent has not been deemed to have occurred under subsection 2 of this section, the transferring company shall send to the policyholder a third and final notice of transfer.  If the policyholder does not reject the transfer during the six-month period immediately following the date on which the transferring insurer mails the third and final notice of transfer, the policyholder's consent will be deemed to have occurred and novation of the contract will be effected.

  4.  The transferring insurer will be deemed to have received the response card or other written notice on the date it is postmarked.  A policyholder may also send a response card or other written notice by facsimile or other electronic transmission or by registered mail, express delivery or courier service, in which case the response card shall be deemed to have been received by the assuming insurer on the date of actual receipt by the transferring insurer.

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(L. 1993 H.B. 709 § 17)