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.
Last modified: February 27, 2006