Sec. G-1. 24-A MRSA §2412, sub-§1, as amended by PL 1989, c. 797, §35 and affected by §§37 and 38, is repealed and the following enacted in its place:
1. An insurance policy or annuity contract form may not be delivered or issued for delivery in this State unless the form has been filed with and approved by the superintendent in accordance with the following.
A. For purposes of this section, "form" includes:
(1) The basic form and any printed rider, endorsement or renewal form;
(2) An application form if a written application is required and is made a part of the policy or contract; and
(3) A certificate of coverage under a group policy or contract that is delivered or issued for delivery in this State.
B. This section does not apply to surety bonds or to specially rated inland marine risks, or to policies, riders, endorsements or forms of unique character designed for and used with relation to insurance upon a particular subject or that relate to the manner of distribution of benefits or to the reservation of rights and benefits under life or health insurance policies and are used at the request of the individual policy holder, contract holder or certificate holder.
C. An advisory organization licensed pursuant to section 2321-A may file forms pursuant to this section on behalf of its members and subscribers. The approval of such a filing does not restrict the right of an insurer authorized to use an advisory organization form to develop and file forms on its behalf in addition to or instead of the advisory organization form.
Sec. G-2. 24-A MRSA §2412, sub-§1-A is enacted to read:
1-A. An insurer may not provide coverage to a resident of this State under a group policy or contract issued and delivered outside this State unless the following requirements of this subsection are met.
A. For "other group" insurance policies as defined in sections 2612-A and 2808, all forms must be filed with and approved by the superintendent.
B. For trustee group policies as defined in sections 2606-A and 2806 and association group policies as defined in sections 2607-A and 2805-A, certificates of coverage to be delivered or issued for delivery in this State:
(1) Must be filed with the superintendent at least 60 days before any solicitation in this State, with sufficient information concerning the nature of the group, including any trust agreements or association bylaws, to enable the superintendent to determine whether the group satisfies the statutory requirements for a trustee or association group; and
(2) May not have been disapproved.
C. For group policies other than those specified in paragraphs A and B and in section 2858, the group certificates to be delivered or issued for delivery in this State must be filed with the superintendent at the superintendent's request and may not have been disapproved.
D. The superintendent may disapprove a form filed pursuant to this subsection only if:
(1) The policy or form is not in compliance with the laws of the state in which it was issued or delivered;
(2) The policy or form is not in compliance with the laws of this State that apply when the policy is issued outside this State, such as chapter 36 or section 2843; or
(3) The superintendent determines that the form is deceptive or misleading.
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