Insurance Law 3103 — Legislation
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SECTION 3102
Requirements for the use of readable and understandable insurance policies
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ARTICLE 31
Insurance Contracts - General
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SECTION 3104
Contract provisions required by laws of other jurisdictions
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SECTION 3103
Non-conforming contracts
Insurance (ISC) CHAPTER 28, ARTICLE 31
§ 3103. Non-conforming contracts. (a) Except as otherwise specifically
provided in this chapter, any policy of insurance or contract of annuity
delivered or issued for delivery in this state in violation of any of
the provisions of this chapter shall be valid and binding upon the
insurer issuing the same, but in all respects in which its provisions
are in violation of the requirements or prohibitions of this chapter it
shall be enforceable as if it conformed with such requirements or
prohibitions.
(b) No policy of insurance or contract of annuity delivered or issued
for delivery in this state shall provide that the rights or obligations
of the insured or of any person rightfully claiming thereunder, with
respect to:
(1) a policy of life, accident and health insurance or contract of
annuity upon a person resident in this state,
(2) a policy of insurance upon property then in this state, or
(3) the liabilities to be incurred by the insured as a result of
activity then carried on by the insured in this state,
shall be governed by the laws of any jurisdiction other than this state.
This subsection shall not apply to policies of marine insurance.
(c) In any action to recover under the provisions of any policy of
insurance or contract of annuity delivered or issued for delivery in
this state which the superintendent is authorized by this chapter to
approve if in his opinion its provisions are more favorable to
policyholders, the court shall enforce such policy or contract as if its
provisions were the same as those specified in this chapter unless the
court finds that its actual provisions were more favorable to
policyholders at the date when the policy or contract was issued.