Section 3445*2. Employer sponsored group personal excess insurance

(a) For
  purposes of this section, the following definitions shall apply:
    (1) "Certificate" or "certificate  of  insurance"  means  any  policy,
  contract  or  other  evidence  of  insurance,  or  rider  or endorsement
  thereto, issued to a group member  under  an  employer  sponsored  group
  personal excess insurance policy.
    (2)  "Conditional  renewal" means any change of limits, change in type
  of coverage, reduction or elimination of coverage, increased  deductible
  or addition of exclusion, or increased premiums in excess of ten percent
  (exclusive  of  any premium increase generated as a result of experience
  rating, loss rating or retrospective rating).
    (3) "Employee" means an individual or  partner  who  receives  or  has
  received income, wages or salaries from the employer.
    (4)  "Employer"  means  a  person,  partnership,  corporation or other
  entity which pays or has paid income, wages or salaries to a  person  or
  persons.
    (5) "Employer sponsored group personal excess insurance" means a group
  policy of insurance providing the kind of insurance defined in paragraph
  thirteen  or  fourteen  of  subsection  (a)  of section one thousand one
  hundred thirteen of this chapter,  written  as  an  excess  policy  with
  premiums  remitted  by  the  employer,  insuring groups of active and/or
  retired employees designated by the employer.
    (6) "Group member" means a  designated  employee  insured  under  this
  section.
    (7)  "Group  policy"  means  employer  sponsored group personal excess
  insurance written for the designated employees of an employer.
    (b) Employer sponsored group personal excess insurance may be  written
  in this state pursuant to this section.
    (c)  The premium for the group policy may be paid by the employer from
  funds contributed:
    (1) wholly by the employer;
    (2) wholly by the employees; or
    (3) jointly by the employer and employees.
    (d) An employee shall have the right to refuse coverage offered by  an
  employer under this section.
    (e)  Each  policy  written  pursuant  to  this  section  shall provide
  separate limits of coverage for each group member.
    (f)(1) The insurer shall be responsible for the mailing or delivery to
  the employer a group policy and certificates of insurance for each group
  member insured under  the  group  policy.  The  insurer  shall  also  be
  responsible  for  the mailing or delivery to the employer for each group
  member any amended certificate  of  insurance,  or  endorsement  to  the
  certificate,  whenever there is a change of limits; addition, reduction,
  or elimination of coverage; or addition of an exclusion, under the group
  policy or certificate.
    (2) The certificate shall contain in substance all material terms  and
  conditions  of coverage afforded to the group member, including, but not
  limited to, the disclosure in clear and easily  understandable  language
  of  any limitations, exclusions or required underlying coverages, unless
  the group policy is incorporated by reference and a copy  of  the  group
  policy accompanies the certificate.
    (g)(1)  A  group policy or certificate shall not be subject to section
  three thousand four hundred twenty-five or section three  thousand  four
  hundred  twenty-six  of  this  article. The following requirements shall
  apply to authorized insurers in regard to termination of coverage.
    (2) A group policy or certificate may be cancelled by an insurer  only
  if  cancellation  is  based  on  one or more of the reasons set forth in
  paragraph one of subsection (c) of section three thousand  four  hundred

  twenty-six  of this article, provided, however, that an individual group
  member may also be canceled upon termination of his  or  her  employment
  with the employer.
    (3)  An  insurer's cancellation of a group policy, or any certificate,
  shall not become effective until forty-five  days,  or  twenty  days  if
  based  upon  non-payment of premium, after the insurer mails or delivers
  written notice of cancellation to the employer at  the  mailing  address
  shown  in  the policy. The employer shall mail or deliver written notice
  of such cancellation to each affected group member within  ten  days  of
  receiving  a  cancellation  notice  from  the insurer advising the group
  member of the cancellation and the effective date of the cancellation.
    (h) An authorized insurer may nonrenew or conditionally renew a  group
  policy,  or  any  certificate,  under  this section, for any reason upon
  forty-five days written notice to the employer. The employer shall  mail
  or  deliver  written notice of such nonrenewal or conditional renewal to
  each affected group member within ten days of receiving such notice from
  the insurer.
    (i) An employer may cancel a group policy, or any certificate, for any
  reason upon thirty days written notice to the insurer and each  affected
  group member.
    (j)  Unless  a  group  policy provides for a longer policy period, the
  policy and all certificates shall be issued or renewed  for  a  one-year
  policy  period  commencing  with a common inception date. A new employee
  may be added to the group policy for less than one year to conform  with
  a common expiration date.
    (k)  No  policy  form  shall be delivered or issued for delivery by an
  authorized insurer unless it has been filed with the superintendent  and
  the  superintendent  has either approved it, or thirty days have elapsed
  and the superintendent has not disapproved such form  as  misleading  or
  violative  of public policy. The initial rate of filing pursuant to this
  section shall be subject to the prior approval  of  the  superintendent,
  and any subsequent rate filing shall not be subject to prior approval.
    * NB There are 2 § 3445's