CHAP. 78.—An ACT regulating policies insuring against accidental bodily
injury or disease issued in this State, and the companies issuing

the same.
Approved March 4, 1912.

1. Be it enacted by the general assembly of Virginia, That
no policy of insurance against loss or damage from disease or by
the bodily injury by accident, or both, of the assured shall be
issued or delivered in this State until a copy of the form thereof
and the table of rates or manual of risks of the company has been
filed at least thirty days with the commissioner of insurance,
unless before the expiration of said thirty days the commissioner
of insurance shall have approved the same in writing; nor if the
commissioner of insurance notifies the company in writing that
in his opinion the form of said policy does not comply with the
requirements of the laws of this State, specifying the reasons
for his opinion, provided that upon the petition of the company
the opinion of the commissioner of insurance shall be subject to
review by the State corporation commission; nor shall such
policy be so issued or delivered unless every portion is plainly
printed in type no smaller than long primer or ten point type;
nor unless there is printed on the first page thereof and on its
filing back in type not smaller than eighteen point or great
primer, a brief description of the policy; nor unless the excep-
tions be printed with the same prominence as the benefits to
which such exceptions apply; nor unless it contains in substance
the following provisions:

(a) A provision that such policy, with a copy of the applica-
tion therefor, if any, and of such other papers as may be at-
tached to or endorsed thereon shall constitute the entire contract
of insurance, except as the same may be affected by any table of
rates or classification of risks filed by the company with the
commissioner of insurance.

(b) A provision that no statement made by the applicant for
insurance, which statement is not incorporated in or endorsed
on the policy issued to such applicant shall avoid the policy or
be used in evidence, and no provision of the charter, constitution
or by-laws shall be used in defense of any claims arising under
any such policy unless such provisions are incorporated in full in
the policy; but this requirement shall not be deemed to apply to
the table of rates or manual of classification of risks of any com-
pany filed with the commissioner of insurance prior to the date
of the occurrence of the injury or commencement of the sickness
for which indemnity is claimed.

(c) A provision that specifies the time within which notice of
accident or disability shall be given, which time shall be not
less than twenty days from the date of the accident nor less than
ten days from the date of the beginning of the disability from
sickness upon which claim is based, provided, however, in case
of accidental death, immediate notice thereof may be required,
unless the notices herein specified may be shown not to have
been reasonably possible. .

d) A provision that notice of a claim for indemnity shall be
deemed sufficient when given to the office or agent of the com-
pany specified in the policy.

(e) A provision that under every such policy, if a past due
premium shall be accepted by the company or by a branch of-
fice or by an authorized agent of the company in the city, town
or county in which the insured shall reside, or by the duly au-
thorized agent of the company who accepted the last premium
on the policy, such acceptance shall reinstate the policy in full
as to disability resulting from accidental bodily injuries there-
after sustained, but shall only reinstate the policy as to disa-
bility from disease beginning more than ten days after the date
of such acceptance.

(f) A provision that if the insured is injured or contracts
disease after having changed his occupation to one classified by
the company as more hazardous than that stated in the policy,
or while he is doing any act or thing pertaining to any occupation
so classified (except ordinary duties about his residence or while
engaged in recreation) the company shall pay such proportion
of the indemnities provided in the policy as the premium paid
would have purchased at the rate but within the limits fixed by
the company for such more hazardous occupation according to
the company’s rates and classification of risks filed with the com-
missioner of insurance in this State prior to the occurrence of
the injury or the commencement of the disease for which in-
demnity is claimed.

(g) A provision that the company will pay the benefits prom-
ised within sixty days of the receipt by it of due proofs of death
or disability.

(h) A provision that the policy may be cancelled at any time
by the company by written notice delivered to the insured or
mailed to him at his last address as shown by the records of the
company and the tender of the company’s check for the un-
earned portion of the premium, but that such cancellation shall
be without prejudice to any claim arising on account of disa-
bility commencing prior to the date on which the cancellation
takes effect.

(1) A provision that no such policy shall limit the time with-
in which proofs of claim shall be furnished to the company to a
period less than ninety days from the date of death, dismem-
berment or loss of sight or from the termination of any other
aisability. :

2. No such policy insuring against accidental bodily injuries
or disease or death shall be issued or delivered in this State, if it
contains in substance any of the following provisions:

(a) A provision limiting the time within which.an action at
law or in equity may. be commenced to less than one year from
the date when the final proof of claim is filed with the company.

(b) A provision that no such policy shall authorize the de-
duction of any premium or assessment from any indemnity pay-
able under the terms of the policy, except such premiums or as-
sessment as may be due or covered by written order or note at
the time of payment of the indemnity.

(c) A provision limiting the amount of indemnity to be paid
to a sum less than the indemnity as stated in the policy and for
which the premium has been paid; provided, however, if the as-
sured shall carry other insurance covering the same hazard with-
out giving written notice to the companies, corporations or as-
sociations issuing the policies, then and in that case each com-
pany, corporation or association shall be liable only for such pro-
portionate amount of benefits as the indemnity promised bears
to the total amount of indemnity in all the policies covering such
hazard and for the return of such part of the premium paid as
shall exceed the pro rata of the premium for the benefits paid.

3. This act shall not apply to or affect fraternal beneficiary
associations, societies or orders with representative form of
government operating on a lodge system or the beneficiary certi-
ficates or policies issued by them; nor to industrial sick benefit
companies, or policies issued by them.

4. No company or agent shall issue or deliver in this State
any policy which conflicts with any provision of this act. A
policy issued in violation of this act shall be held valid and shall
be construed as provided in this act, and when any provision in 2
policy is in conflict with any provision of this act, the rights,
duties and obligations of the company and policyholder and the
beneficiary shall be governed by the provisions of this act.

5. The policies of insurance against accidental injury or dis-
ease of a company not organized under the laws of this State
may contain any provision which the law of this State, territory
or district of the United States under which the company is or-
ganized prescribes shall be in such policies when issued in this
State; and the policies of insurance against accidental injury
or disease of a company organized under the laws of this State
may, when issued or delivered in any other State, territory, dis-
trict or country, contain any provision required by the laws of
the State, territory, district or country in which the same are
issued, anything in this act to the contrary, notwithstanding.

6. Nothing in. this act, however, shall apply to or affect any
general or blanket policy of insurance issued to any municipal
corporation or department thereof, or to any corporation, co-
partnership, association or individual employer, police or fire de-
partment, underwriters corps, salvage bureau, or like associa-
tions or organizations, where the officers, members or employees
or classes or departments thereof are insured against specified
accidental bodily injuries or diseases while exposed to the haz-
ards of the occupation or otherwise for a premium intended to
cover the risks of all the persons insured under such policy; nor
shall anything in this act apply to or affect contracts of life in-
surance or contracts supplemental thereto which shall contain
provisions intended to safeguard such life insurance against
lapse, or that shall provide a special surrender value therefor
in the event that the insured thereunder shall, by reason of acci-
dental bodily injury or disease, be unable to continue the pre-
mium payments thereon.

7. Any company, corporation or association to which this act
applies, or any officer thereof, which issues or delivers in this
State, or to any citizen thereof, any accident or health policy or
contract in wilful violation of the provisions of this act, shall
be punished by a fine of not more than five hundred dollars
($500) for each offense, and the commissioner of insurance may
revoke the license of any foreign company or agent thereof
which violates any provision of this act.

8. All acts and parts of acts inconsistent with this act are
hereby repealed.