33-22-207. Reinstatement. (1) There shall be a provision as follows:
"Reinstatement: If any renewal premium be not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any insurance producer duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy; provided, however, that if the insurer or such insurance producer requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer or, lacking such approval, upon the 45th day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application. The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than 10 days after such date. In all other respects the insured and insurer shall have the same rights thereunder as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions endorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement."
(2) The last sentence of the above provision may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums:
(a) until at least age 50; or
(b) in the case of a policy issued after age 44, for at least 5 years from its date of issue.
History: En. Sec. 357, Ch. 286, L. 1959; R.C.M. 1947, 40-4007; amd. Sec. 1, Ch. 713, L. 1989.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 22. Disability Insurance
Part 2. Individual Policy Requirements
33-22-202. Required provisions -- captions -- omissions -- substitutions -- order
33-22-203. Requirement of other jurisdictions -- statutes -- violation
33-22-204. Entire contract -- changes
33-22-205. Time limit on certain defenses
33-22-211. Time of payment of claims
33-22-213. Physical examination and autopsy
33-22-215. Change of beneficiary
33-22-217. through 33-22-220 reserved
33-22-221. Optional policy provisions -- substitutes
33-22-222. Change of occupation
33-22-223. Misstatement of age
33-22-224. Other insurance in this insurer
33-22-225. Insurance with other insurers -- provision of service or expense incurred basis
33-22-226. Insurance with other insurers -- other benefits
33-22-227. Relation of earnings to insurance
33-22-229. Conformity with state statutes
33-22-232. Renewal at option of insurer
33-22-233. through 33-22-240 reserved
33-22-242. Waiver of preexisting condition exclusion -- exclusion prohibited
33-22-243. Premium increases to be distributed proportionately
33-22-244. Disclosure standards -- individual policy
33-22-246. Preexisting conditions relating to individual market
33-22-247. Guaranteed renewability of individual health insurance coverage