§ 12-209. Prohibited provisions in policy or contract  


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  •    A life insurance or health insurance policy or annuity contract may not be delivered or issued for delivery in the State if the policy or contract:

       (1) states that the policy or contract is to be construed according to the laws of another state or country;

       (2) states that the rights and obligations of the insured or of a person with a claim under the policy or contract are to be governed by laws other than the laws of this State;

       (3) provides a period shorter than 3 years within which an action may be brought on the policy or contract;

       (4) deprives the courts of the State of the jurisdiction of any action against the insurer;

       (5) provides that the insurance producer who solicits the insurance or annuity is the agent of the insured; or

       (6) makes the acts or representations of the insurance producer who solicits the insurance or annuity binding on the insured.


HISTORY: An. Code 1957, art. 48A, § 377A; 1995, ch. 36; 2001, ch. 731, § 1.