Section 3103. Non-conforming contracts  


Latest version.
  • (a) Except as otherwise specifically
      provided in this chapter, any policy of insurance or contract of annuity
      delivered  or  issued  for delivery in this state in violation of any of
      the provisions of this chapter shall  be  valid  and  binding  upon  the
      insurer  issuing  the  same, but in all respects in which its provisions
      are in violation of the requirements or prohibitions of this chapter  it
      shall  be  enforceable  as  if  it  conformed  with such requirements or
      prohibitions.
        (b) No policy of insurance or contract of annuity delivered or  issued
      for  delivery in this state shall provide that the rights or obligations
      of the insured or of any person  rightfully  claiming  thereunder,  with
      respect to:
        (1)  a  policy  of  life, accident and health insurance or contract of
      annuity upon a person resident in this state,
        (2) a policy of insurance upon property then in this state, or
        (3) the liabilities to be incurred by  the  insured  as  a  result  of
      activity then carried on by the insured in this state,
      shall be governed by the laws of any jurisdiction other than this state.
      This subsection shall not apply to policies of marine insurance.
        (c)  In  any  action  to recover under the provisions of any policy of
      insurance or contract of annuity delivered or  issued  for  delivery  in
      this  state  which  the  superintendent is authorized by this chapter to
      approve  if  in  his  opinion  its  provisions  are  more  favorable  to
      policyholders, the court shall enforce such policy or contract as if its
      provisions  were  the same as those specified in this chapter unless the
      court  finds  that  its  actual  provisions  were  more   favorable   to
      policyholders at the date when the policy or contract was issued.