38.2-3409 - Coverage of dependent children. - Virginia Statutes

§ 38.2-3409. Coverage of dependent children.

A. Any group or individual accident and sickness insurance policy orsubscription contract delivered or issued for delivery in this Commonwealthwhich provides that coverage of a dependent child shall terminate upon thatchild's attainment of a specified age, shall also provide in substance thatattainment of the specified age shall not terminate the child's coverageduring the continuance of the policy while the dependent child is andcontinues to be both: (i) incapable of self-sustaining employment by reasonof mental retardation or physical handicap, and (ii) chiefly dependent uponthe policyowner for support and maintenance.

B. Proof of incapacity and dependency shall be furnished to the insurer bythe policyowner within thirty-one days of the child's attainment of thespecified age. Subsequent proof may be required by the insurer but not morefrequently than annually after the two-year period following the child'sattainment of the specified age.

C. The insurer may charge an additional premium for any continuation ofcoverage beyond the specified age. The additional premium shall bedetermined by the insurer on the basis of the class of risks applicable tothe child.

(1968, c. 411, § 38.1-348.1; 1974, c. 95; 1986, c. 562.)