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HAWAII STATUTES AND CODES

§431:10D-312 - Prohibited provisions.

     §431:10D-312  Prohibited provisions.  No industrial life insurance policy shall contain:

     (1)  A provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other insurance from the same insurer.

     (2)  A provision giving the insurer the right to declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has received institutional, hospital, medical, or surgical treatment or attention; except a provision which gives the insurer the right to declare the policy void if the insured has, within two years prior to the issuance of the policy, received institutional, hospital, medical, or surgical treatment or attention, and if the insured or claimant under the policy fails to show that the condition occasioning such treatment or attention was not of a serious nature or was not material to the risk.

     (3)  A provision giving the insurer the right to declare the policy void because the insured had been rejected for insurance, unless such right is conditioned upon a showing by the insurer, that knowledge of such rejection would have led to a refusal by the insurer to make the contract. [L 1987, c 347, pt of §2]

 

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