(a)        No insurer may make, issue, amend or renew any certificate or contract after the dates specified in N.C. Gen. Stat. § 58-66-35 for the applicable type of insurance unless the certificate is in compliance with the provisions of N.C. Gen. Stat. § 58-66-20 and 58-66-25, and unless the certificate is filed with the Commissioner for this approval. The policy will be deemed approved 90 days after filing unless disapproved within the 90-day period. The Commissioner may not unreasonably withhold this approval. Any disapproval must be delivered to the insurer in writing and must state the grounds for disapproval. Any certificate filed with the Commissioner must be accompanied by a certified Flesch scale readability analysis and test score and by the insurer’s certification that the policy is, in the insurer’s judgment, readable based on the factors specified in N.C. Gen. Stat. § 58-66-20 and 58-66-25.

(b)        The Commissioner must disapprove any certificate covered by subsection (a) of this section if he finds that:

(1)        It is not accompanied by a certified Flesch scale analysis readability score of 50 or more;

(2)        It is not accompanied by the insurer’s certification that the certificate is, in the judgment of the insurer, readable under the standards of this Article; or

(3)        It does not comply with the format requirements of N.C. Gen. Stat. § 58-66-20. (1979, 2nd Sess., c. 1161, s. 1; 1995, c. 193, s. 57.)