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Vegas Law
, 1624)
NRS 687B.122 Readability of policies: Applicability of requirements.
1. The provisions of NRS 687B.122 to 687B.128, inclusive:
(a) Apply to all policies, certificates or contracts of life or health insurance, including credit insurance as defined in NRS 690A.015, delivered or issued for delivery in this state, including policies, certificates or contracts issued by fraternal benefit societies and hospital, medical or dental service corporations, health maintenance organizations and other similar organizations, and certificates issued pursuant to a policy of group insurance delivered or issued for delivery in this state, except:
(1) Any policy which is a security subject to federal jurisdiction;
(2) Any policy covering the lives of a group of 1,000 or more persons as of its date of issuance, other than a group policy for credit insurance and any certificate issued pursuant to any group policy;
(3) Any group annuity which serves to finance pension, profit-sharing or deferred compensation plans; or
(4) Any form used in connection with, as a conversion from, as an addition to or in exchange for a policy delivered or issued for delivery on a form approved or permitted to be issued before July 1, 1983.
(b) Are not intended to increase any risk assumed by an insurer.
(c) Do not supersede the provisions of this Title or other law applicable to the delivery or issuance of policies of insurance.
(d) Are not intended to restrict or discourage the development of new policies and provisions.
(e) Do not require standardization of forms for or provisions of policies.
2. Any policy written in a language other than English shall be deemed to comply with NRS 687B.124 if the insurer certifies that it is translated from a policy written in English which complies with that section.
3. The provisions of NRS 687B.122 to 687B.128, inclusive, apply to renewals on or after July 1, 1983, of policies delivered or issued for delivery before that date.
(Added to NRS by 1981, 927; A 1987, 2286)
NRS 687B.124 Readability of policies: Flesch test; style, arrangement and overall appearance; index or table of contents.
1. Except as provided by NRS 687B.122, a policy must not be delivered or issued for delivery in this state on or after July 1, 1983, unless:
(a) The text of the policy achieves a score of at least 40 on the Flesch test of reading ease or an equivalent score on any comparable test which is approved by the Commissioner;
(b) It is printed, except for pages which contain specifications, schedules or tables, in not less than 10-point type, one point leaded;
(c) The style, arrangement and overall appearance of the policy give no undue prominence to any portion of the text of or endorsements or riders to the policy; and
(d) It contains a table of contents or an index of the principal sections of the policy if it contains more than 3,000 words or has more than three pages.
2. The score for the Flesch test of reading ease must be calculated in the following manner:
(a) If a form contains 10,000 words or less of text, the entire text must be used as a basis for calculating the score. If it contains more than 10,000 words, two samples, which are separated from each other by at least 20 printed lines, of 200 words per page must be used as the basis for calculating the score.
(b) The number of words and sentences used in the basis for the calculation must be counted and the total number of words divided by the total number of sentences. This figure must be multiplied by 1.015.
(c) The number of syllables must be counted and the total divided by the total number of words. This figure must be multiplied by 84.6.
(d) The results of the calculations made pursuant to paragraphs (b) and (c) must be added together and the total must be subtracted from 206.835.
(e) The result of the calculation made pursuant to paragraph (d) is the score for the policy.
3. For the purposes of performing the calculations required by subsection 2:
(a) A contraction, hyphenated word or numbers and letters when separated by spaces must be counted as one word;
(b) A sequence of words which ends with a period, semicolon or colon, except for headings and captions, must be counted as a sentence; and
(c) Where a dictionary shows two or more equally acceptable pronunciations of a word, the pronunciation containing fewer syllables may be used.
4. As used in this section, “text” includes all printed matter except:
(a) The name and address of the insurer, the name, number or title of the policy, the table of contents or index, captions and subcaptions and pages which contain specifications, schedules and tables; and
(b) Any language of the policy which is drafted in a particular manner so as to meet the requirements of:
(1) Any federal or state law or regulation or any interpretation of a law or regulation by a federal or state agency;
(2) Any collective bargaining agreement;
(3) Usage of medical terms; and
(4) Definitions contained in the policy,
if the insurer so identifies this language and certifies in writing that it is excepted by this paragraph.
5. An insurer may score riders, endorsements, applications and other forms as separate forms or as part of the policy with which they are used.
(Added to NRS by 1981, 927)
NRS 687B.126 Readability of policies: Filing policy for Commissioner’s approval; exceptions to score requirements on Flesch test.
1. An insurer shall file a copy of the policy with the Commissioner accompanied by a certificate signed by an officer of the insurer stating that the policy meets the score required for reading ease or stating that the score is lower than the minimum required and requesting that it be approved in accordance with subsection 2. Upon the request of the Commissioner, the insurer shall furnish additional information to verify the accuracy of the certification.
2. The Commissioner may approve a policy which has a score lower than required whenever he finds that a lower score:
(a) Provides a more accurate reflection of the readability of a policy;
(b) Is necessitated by the nature of a particular type or class of policy; or
(c) Is caused by language in the policy which is drafted in a particular manner so as to meet the requirements of any state law, regulation or interpretation of that law or regulation by a state agency.
(Added to NRS by 1981, 928)
NRS 687B.128 Readability of policies: Approval by Commissioner. A policy which complies with subsection 1 of NRS 687B.124 must be approved by the Commissioner, notwithstanding any other provision of law which specifies the content of a policy, if the policy provides the policyholder and claimant with protection at least equal to that to which they are entitled under those other provisions.
(Added to NRS by 1981, 929)
NRS 687B.130 Grounds for disapproval. The Commissioner shall disapprove any form filed under NRS 687B.120, or withdraw any previous approval thereof, only on one or more of the following grounds:
1. The form is in any respect in violation of or does not comply with this Code.
2. The form contains, or incorporates by reference where such incorporation is otherwise permissible, any inconsistent, ambiguous or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract, or any provision or provisions prejudicial to the interest of the insured or policyholder.
3. The form has any title, heading or other indication of its provisions which is misleading, or is printed in such size of type or manner of reproduction as to be difficult to read.
4. As to an individual health insura
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