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This entry was published on 2020-12-18
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SECTION 3208
Antedating of life insurance policies and burial agreements prohibited
Insurance (ISC) CHAPTER 28, ARTICLE 32
§ 3208. Antedating of life insurance policies and burial agreements
prohibited. (a) No insurer shall knowingly deliver or issue for delivery
in this state any policy of life insurance that purports to have been
issued or to have taken effect more than six months before the date on
which the application therefor was made, if thereby the premium is
reduced below the premium that would be payable thereon as determined by
the insured's birthday nearest the date on which the application was
made.

(b) No agent, other representative of an insurer or broker shall
prepare, submit or accept in this state any application for life
insurance dated earlier than the date on which the application was made
by the insured or the applicant, if thereby the premium is reduced as
above stated.

(c) This section shall not be construed to invalidate any contract
made in violation of the provisions hereof; nor to prohibit the
exchange, alteration or conversion of any policy of life insurance as of
the original date thereof if the amount of insurance of the new policy
does not exceed the greater of that of the original policy or that which
the premium paid for the original policy would have purchased if the new
policy had been originally applied for; nor to prohibit the exercise of
any conversion privilege contained in any policy.

(d) No person, firm, association, society, or corporation engaged in
this state in the business of providing for the payment of funeral,
burial or other expenses of deceased members, whether or not it be
subject to the other provisions of this chapter, and no insurer shall:

(1) deliver or issue for delivery in this state any contract or policy
whereby the benefit or any part thereof accruing under such contract or
policy, upon the death of such member or of the person insured, shall be
payable to a designated or restricted funeral director or funeral
directing concern or other person engaged in such trade or business, or
to any official or designated group of them; or

(2) pay any such benefit or any part thereof to any funeral director
or funeral directing concern or other person engaged in such trade or
business or to any official or designated group of them, without the
consent of the person or persons entitled to such benefits, or to pay
any commission or other consideration to any funeral director or funeral
directing concern or employee thereof to induce such person to sell or
offer to sell any contract or policy of insurance designated or marketed
as payable for funeral or burial expenses upon the death of the insured;
or

(3) in any way deprive the personal representative or family of the
deceased of the advantages of competition in procuring and purchasing
supplies and services in connection with the funeral and burial
arrangements of such deceased.