Current through the 2024 Legislative Session
Section 431:2-201.2 - Standards for commissionerWhen reviewing a uniform standard, the commissioner shall consider the following standards in determining whether to opt out of a uniform standard:
(1) Whether the public interest is being served or protected;(2) Whether the reasonable expectations of the consumer will be met;(3) Whether the uniform standard is or will require a reasonably clear, plain English communication to the consumer;(4) Whether the consumer will be protected in a typical transaction where the consumer may have less power, information, or understanding of the meaning or consequences of the transaction, or any part thereof, than the insurer or producer;(5) The long-term effects of the uniform standard;(6) The possible effects of the uniform standard on the financial condition of insurers;(7) Confidentiality requirements in state or federal law;(8) State and federal constitutional issues;(9) The impact of the uniform standard on any provision of the insurance code or any state or federal law;(10) The uniform standard's particular impact in the State and any conditions unique to the State; and(11) The integration of the uniform standard with state or federal law and any possible conflicts with such laws.