(b) Anything in this article to the contrary notwithstanding, each
certificate of hospitalization expense benefits or surgical or medical
expense benefits delivered or issued for delivery in this state to any
member individually or as the head of a family shall:
(1) stipulate a premium determined on the basis of the age of the
member, which premium shall be subject to change only if the premiums on
all outstanding certificates in the same class are changed in accordance
with the standards which shall have been established prior to the
issuance of the certificate for the determination of the increase or
decrease in the premiums and are on file with and approved by the
superintendent,
(2) contain the following provisions under the caption "Incontestable
and Guaranteed Renewable":
"After this certificate has been in force for a period of one year
from the date of issue, it shall become incontestable as to the
statements contained in the application and the member shall have the
right to continue the same in force, subject to the timely payment of
premiums and the conditions of the certificate relating to military
service;" and
(3) in the case of such certificates written at issue age above
sixty-five years, contain the following provision:
"No claim for benefits provided in this certificate shall be reduced
or denied on the ground that a disease or physical condition had existed
prior to the effective date of coverage of this certificate, except only
such disease or physical condition which is specifically eliminated by
rider, attached to this certificate, a copy which shall have been
furnished to the member and its receipt evidenced by a signed amendment
to the application for such certificate."
Structure New York Laws
Article 45 - Fraternal Benefit Societies
4502 - Incorporation and Licensing of Domestic Societies; Meeting of Supreme Governing Body.
4503 - Licensing of Foreign and Alien Societies.
4504 - Amendments to Charter, Constitution and By-Laws; Waiver of Provisions.
4505 - Insurance Benefits Authorized.
4509 - Certificates; Applications; Effect of Changes in Corporate Documents.
4510 - Life Insurance Certificates; Required and Prohibited Provisions.
4513 - Annuity Certificates; Compliance With Rules and Regulations.
4515 - Conditions for Avoiding Separate Funds.
4516 - Annual Statement; Valuation Report; Power of Superintendent.
4517 - Standard of Valuation Reserves.
4518 - Amounts Credited on Life Insurance Certificates.
4519 - Impairment of Reserves and Surplus; Order to Make Good Deficiency.
4520 - Non-Liability of Officers and Members.
4521 - Grounds for Revocation or Suspension of License.
4522 - Exemptions of Certain Organizations.
4523 - Soliciting Membership in Unauthorized Societies; Penalties.
4524 - Exemption From Taxation.
4525 - Application of Other Provisions of This Chapter.
4526 - Investments of Fraternal Benefit Societies.
4527 - Optional Authority and Regulation.
4528 - New Business Limitations.