§ 36-3645. Requirement to be included in life, accident and health insurance policies.

A.  No policy forms, unless exempt from the provisions of the Life, Accident and Health Insurance Policy Language Simplification Act, shall be delivered or issued for delivery in this state on or after January 1, 1992, unless:

1.  The text achieves a minimum score of forty on the Flesch reading ease test, or an equivalent score on any other comparable test which is recognized as a standard test for determining readability and which is approved by the Commissioner pursuant to subsection C of this section;

2.  It is printed, except for specification pages, schedules, and tables, in not less than ten-point type, one-point leaded;

3.  The style, arrangement, and overall appearance of the policy give no undue prominence to any portion of the text of the policy, or to any endorsements or riders of the policy;

4.  It contains a table of contents or an index of the principal sections of the policy, if the policy has more than three thousand words printed on three or fewer pages of text, or if the policy has more than three pages regardless of the number of words.

B.  For the purposes of this section, a Flesch reading ease test score shall be measured by the following method:

1.  For policy forms containing ten thousand words or less of text, the entire form shall be analyzed.  For policy forms containing more than ten thousand words, the readability of two-hundred-word samples per page may be analyzed instead of the entire form.  The samples shall be separated by at least twenty printed lines.

2.  The number of words and sentences in the text shall be counted and the total number of words divided by the total number of sentences.  The figure obtained shall be multiplied by a factor of one and fifteen-thousandths.

3.  The total number of syllables shall be counted and divided by the total number of words.  The figure obtained shall be multiplied by a factor of eighty-four and six-tenths.

4.  The sum of the figures computed pursuant to paragraphs 2 and 3 of this subsection subtracted from two hundred six and eight hundred thirty-five-thousandths equals the Flesch reading ease score for the policy form.

5.  For purposes of paragraphs 2, 3 and 4 of this subsection, the following procedures shall be used:

a.A contraction, hyphenated word, or numbers and letters, when separated by spaces, shall be counted as one word.

b.A unit of words ending with a period, semicolon, or colon, but excluding headings and captions, shall be counted as a sentence.

c.A syllable means a unit of spoken language consisting of one or more letters of a word as divided by an accepted dictionary.  Where the dictionary shows two or more equally acceptable pronunciations of a word, the pronunciation containing fewer syllables may be used.

6.  As used in this section, "text" includes all printed matter, except the following:

a.The name and address of the insurer, the name, number, or title to the policy, the table of contents or index, captions and subcaptions, specification pages, schedules, or tables;

b.Any policy language that is drafted to conform to the requirements of any federal law, regulation, or agency interpretation; any policy language required by a collectively bargained agreement; any medical terminology; any words that are defined in the policy; and any policy language required by state law or regulation, if the insurer identifies the language or terminology excepted by this paragraph and certifies, in writing, that the language or terminology is drafted to conform with said requirements.

C.  Any other reading test may be approved by the Commissioner for use as an alternative to the Flesch reading ease test if it is comparable in result to the Flesch reading ease test.

D.  Every filing subject to this section shall be accompanied by a certificate signed by an officer of the insurer stating that the filing meets the minimum reading ease score on the test used, or stating that the score is lower than the minimum required but should be approved in accordance with Section 7 of this act.  To confirm the accuracy of any certification, the Commissioner may require the submission of further information to verify the certification in question.

E.  At the option of the insurer, riders, endorsements, applications, and other forms made a part of the policy may be scored as separate forms or as part of the policy with which they may be used.

Added by Laws 1986, c. 141, § 5, eff. Jan. 1, 1987.