31A-22-717. Provisions pertaining to service members and their families affected by mobilization into the armed forces. For a group insurancepolicy offering accident and health insurance or a blanket insurance policy offering accident and health insurance, an insurer:
(1)
may not refuse to reinstate an insured or the insured’s family whose coverage lapsed due to the insured’s mobilization into the United States armed forces provided application is made within 180 days after the day on which the insured is released from active duty;
Terms Used In Utah Code 31A-22-717
Accident and health insurance: means insurance to provide protection against economic losses resulting from:
completed by an applicant to provide information about the risk to be insured; and
(ii)
that contains information that is used by the insurer to evaluate risk and decide whether to:
(A)
insure the risk under:
(I)
the coverage as originally offered; or
(II)
a modification of the coverage as originally offered; or
(B)
decline to insure the risk; or
(b)
used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
(a)
a specific physical condition;
(b)
a specific medical procedure;
(c)
a specific disease or disorder; or
(d)
a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(ii)
a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
(iii)
a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)
shall reinstate an insured in full upon payment of the first premium without the requirement of a waiting period or exclusion for preexisting conditions or any other underwriting requirements that were covered previously; and
(3)
may not increase the insured’s premium in excess of what the premium would have been increased to in the normal course of time had the insured not been mobilized into the United States armed forces.
