KRS 304.14-120: Filing and approval of forms.

(1) (a) Except as otherwise provided in this section, a basic insurance policy or

annuity contract form, or application form where written application is

required and is to be made a part of the policy or contract, or printed rider or

indorsement form or form of r enewal certificate, shall not be delivered, or

issued for delivery in this state, unless the form has been filed with and

approved by the commissioner.

(b) This subsection shall not apply to:

1. Any rates filed under Subtitle 17A of this chapter;

2. Surety bonds;

3. Specially rated inland marine risks; or

4. Policies, riders, indorsements, or forms of unique character:

a. Designed for and used with relation to insurance upon a particular

subject; or

b. Which relate to the manner or distribution of benefits or to the

reservation of rights and benefits under life or health insurance

policies and are used at the request of the individual policyholder,

contract holder, or certificate holder.

(c) As to group insurance policies issued and delivered to an association outside

this state but covering persons resident in this state, all or substantially all of

the premiums for which are payable by the insured members, the group

certificates to be delivered or issue d for delivery in this state shall be filed

with and approved by the commissioner.

(d) 1. As to forms for use in property, inland marine, casualty, and surety

insurance coverages (other than accident and health), the filing required

by this subsection may be made by advisory organizations or form

providers on behalf of their members and subscribers.

2. This paragraph shall not be construed to prohibit any member or

subscriber of an advisory organization or form provider from filing any

forms on its own behalf.

(e) Every advisory organization and form provider shall file with the

commissioner for approval every property and casualty policy form and

endorsement before distribution to members, subscribers, customers, or

others.

(f) Every property and casualty insurer shall file with the commissioner notice of

adoption before use of any approved form filed by an advisory organization or

form provider or filed by the insurer pursuant to paragraph (d) of this

subsection.

(2) (a) Every filing required under this sec tion shall be made not less than sixty (60)

days in advance of any delivery of the form in this state.

(b) At the expiration of sixty (60) days, the form so filed shall be deemed

approved unless prior thereto it has been affirmatively approved or

disapproved by order of the commissioner.

(c) Approval of any filing by the commissioner under this section shall constitute

a waiver of any unexpired portion of the waiting period established under this

subsection.

(d) The commissioner may extend the waiting period established under paragraph

(a) of this subsection by not more than a thirty (30) day period, within which

time he or she may affirmatively approve or disapprove any filing, by giving

notice to the insurer of the extension before expiration of the initia l sixty (60)

day period.

(e) At the expiration of any period extended under paragraph (d) of this

subsection, and in the absence of a prior affirmative approval or disapproval,

the filing shall be deemed approved.

(f) The commissioner may at any time, afte r notice and for cause shown,

withdraw approval of any filing.

(3) (a) Any order of the commissioner disapproving any filing, or any notice of the

commissioner withdrawing a previous approval, shall state the grounds

therefor and the particulars thereof in such detail as reasonably to inform the

insurer.

(b) Any withdrawal of a previously approved filing shall be effective not less than

thirty (30) days after the insurer receives notice of the withdrawal, as the

commissioner shall in such notice prescribe.

(4) Except as provided in subsection (6) of this section, the commissioner may, by

order, exempt from the requirements of this section, for so long as he or she deems

proper, any insurance document or form or type thereof, as specified in the

commissioner's order, to which, in his or her opinion:

(a) This section may not practicably be applied; or

(b) The filing and approval of are not desirable or necessary for the protection of

the public.

(5) Appeals from orders of the commissioner disapproving any filin g or withdrawing a

previous approval shall be taken as provided in Subtitle 2 of this chapter.

(6) The commissioner shall:

(a) Review every filing relating to a health plan, as defined in KRS 304.17A -591,

for compliance with KRS 304.17A-591 to 304.17A-599; and

(b) Not approve any filing referenced in paragraph (a) of this subsection that does

not comply with KRS 304.17-591 to 304.17A-599.

(7) As used in this section, unless the context requires otherwise:

(a) "Advisory organization" has the same meaning as in KRS 304.13-011; and

(b) "Form provider" has the same meaning as in KRS 304.13-011.