§ 3102. Requirements for the use of readable and understandable\ninsurance policies. (a) Definitions. In this section "insurance policy"\nmeans any:\n (1) form subject to approval under either section three thousand two\nhundred one or four thousand three hundred eight of this chapter;\n (2) comprehensive health services plan as defined in section four\nthousand four hundred one of the public health law;\n (3) contract of insurance for owners of dwellings consisting of not\nmore than four dwelling units, and for household furnishings and\npersonal property contained in any household unit, written for a\ndivisible or indivisible premium which provides coverage for the peril\nof fire and extended coverage with or without any other kind of\ninsurance as provided pursuant to subsection (a) of section one thousand\none hundred thirteen of this chapter;\n (4) contract of insurance insuring against losses or liabilities\narising out of the ownership, operation, or use of a motor vehicle\npredominantly used for non-business purposes, when a natural person is\nthe named insured.\n (b) Exclusions. (1) This section shall not apply to:\n (A) any insurance policy which has been determined to be a security\nsubject to federal jurisdiction;\n (B) certificates issued pursuant to a group life or accident and\nhealth insurance policy or group annuity contract issued to an employer\ncovering persons employed in more than one state;\n (C) any group insurance policy covering a group of one hundred or more\nlives, other than dependents, at date of issue, and a group credit life\ninsurance policy or a group credit accident and health insurance policy;\nprovided, however, this shall not exempt any certificate issued pursuant\nto a group insurance policy delivered or issued for delivery in this\nstate;\n (D) any group annuity contract which serves as a funding vehicle for\npension, profit sharing or deferred compensation plans; provided,\nhowever, this shall not exempt any certificate issued pursuant to such\ngroup annuity contract;\n (E) any insurance policy of life and accident and health insurance\nused in connection with, as a conversion from, as an addition to, or in\nexchange pursuant to a contractual provision for, an insurance policy\napproved prior to October first, nineteen hundred eighty-two;\n (F) the renewal of an insurance policy of life and accident and health\ninsurance made, issued or delivered on a form provided prior to October\nfirst, nineteen hundred eighty-two;\n (G) any insurance policy issued pursuant to article sixty-three of\nthis chapter;\n (H) any funding agreement issued pursuant to section three thousand\ntwo hundred twenty-two of this chapter; or\n (I) any service contract issued pursuant to article seventy-nine of\nthis chapter.\n (2) No other statute of this state or provision of this chapter\nestablishing language simplification standards shall apply to any\ninsurance policy.\n (3) Any non-English language insurance policy made, issued or\ndelivered in this state on a risk located or resident in this state\nshall be deemed to be in compliance with subparagraph (D) of paragraph\none of subsection (c) of this section if the insurer certifies that such\ninsurance policy is translated from an English language insurance policy\nwhich does comply with such subparagraph.\n (c) Readability requirements. (1) In addition to any other\nrequirements of law, no insurance policy, except as set forth in\nsubsection (b) of this section, shall be made, issued or delivered in\nthis state on a risk located or resident in this state, unless:\n (A) it is written in a clear and coherent manner;\n (B) wherever practicable, it uses words with common and everyday\nmeanings to facilitate readability and to aid the insured or\npolicyholder in understanding the coverage provided;\n (C) it has been filed with and approved by the superintendent;\n (D) the text achieves a minimum score of forty-five on the Flesch\nreading ease
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