An individual of competent legal capacity may procure or effect an insurance contract on the individual’s own life or body for the benefit of any person. Except as provided in subsection (c) of this section, a person may not procure or cause to be procured an insurance contract on the life or body of another individual unless the benefits under the insurance contract are payable to: the individual insured; the individual insured’s personal representative; or a person with an insurable interest in the individual insured at the time the insurance contract was made. With reference to personal insurance, an insurable interest includes only the interests described in this subsection. For individuals related closely by blood or law, a substantial interest engendered by love and affection is an insurable interest. For the prospective parent of a prospective adoptive child, an insurable interest exists in the life of the child as of the date of the earlier of: a placement for adoption, as defined in § 5-301 of the Family Law Article, provided that: any consents required under Title 5, Subtitle 3 or Subtitle 3A of the Family Law Article have been given; or a decree awarding guardianship has been granted under Title 5, Subtitle 3 or Subtitle 3A of the Family Law Article; or an interlocutory or final decree of adoption. For persons other than individuals closely related by blood or law, a lawful and substantial economic interest in the continuation of the life, health, or bodily safety of the individual is an insurable interest but an interest that arises only by, or would be enhanced in value by, the death, disablement, or injury of the individual is not an insurable interest. This paragraph applies only to employees with respect to whom the corporate employer or an employer sponsored trust for the benefits of employees is the beneficiary under an insurance contract, if the employer is: a private corporation; or a public corporation, the stock of which is traded on a recognized stock exchange or traded in accordance with the National Association of Securities Dealers Automated Quotation (NASDAQ) Systems. A lawful and substantial economic interest exists in: a key employee of a private corporation or a public corporation described in subparagraph (i) of this paragraph; and a nonkey employee of a public corporation described in subparagraph (i) of this paragraph if: the employee has been employed by the public corporation for at least 12 consecutive months and consents in writing to the insurance contract; and the amount of insurance coverage on the nonkey employee does not exceed an amount commensurate with employer-provided benefits. This paragraph applies only to a contract or option for the purchase or sale of: an interest in a business partnership or firm; or stock shares, or an interest in stock shares, of a close corporation. An individual party to a contract or option described in subparagraph (i) of this paragraph has an insurable interest in the life of each individual party to the contract or option. The insurable interest specified in subparagraph (ii) of this paragraph: is only for the purposes of the contract or option; and is in addition to any other insurable interest that may exist on the life of an individual party to the contract or option. The trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy owned by the trust or the trustee of a trust if, on the date on which the policy is issued: the insured is: the grantor of the trust; an individual related closely by blood or law to the grantor; or an individual in whom the grantor otherwise has an insurable interest; and the life insurance proceeds are primarily for the benefit of trust beneficiaries having an insurable interest in the life of the insured. A partnership, limited partnership, or limited liability company has an insurable interest in the life of an individual insured under a life insurance policy owned by the partnership, limited partnership, or limited liability company if, on the date on which the policy is issued, substantially all of the owners of the partnership, limited partnership, or limited liability company are: the insured; individuals related closely by blood or law to the insured; or persons having an insurable interest in the life of the insured. This subsection applies only to a charitable, benevolent, educational, governmental, or religious institution that is described in § 170(b)(1)(A) or § 501(c)(3) of the Internal Revenue Code, or a trust for the benefit of that institution that is qualified as a pooled income fund under § 642(c)(5) or a charitable remainder trust under § 664 of the Internal Revenue Code. An institution or trust described in paragraph (1) of this subsection may procure or cause to be procured an insurance policy on the life of an individual if: the institution or trust is designated irrevocably as the beneficiary of the insurance policy; and the application for the insurance policy is signed by the individual whose life is to be insured or the individual’s legal guardian. This subsection does not prohibit the institution or individual from being the beneficiary or owner of the policy or paying the premiums for the policy. If a beneficiary, assignee, or other payee under an insurance contract made in violation of this section receives from the insurer benefits that accrue on the insured’s death, disablement, or injury, the insured or the insured’s executor or administrator may bring an action to recover benefits from the payee that receives them. Notwithstanding subsection (b)(4) of this section, a corporate employer with an insurable interest in employees described in subsection (b)(3) or (4) of this section may not retaliate against an employee who refuses to consent to an insurance contract being purchased in the employee’s name.

This subsection does not apply to a contract of group life insurance or group or blanket health insurance. Except as provided in subsection (b) of this section, a life insurance or health insurance contract may not be made or put into effect unless at the time of making the contract the individual to be insured: is of competent legal capacity to contract; and applies for or consents in writing to the contract. A spouse may put into effect life insurance or health insurance on the other spouse. A person with an insurable interest in the life of a minor, or a person on whom the minor is dependent for support and maintenance, may put into effect life insurance on or insurance relating to the minor. A family policy that insures two or more family members may be issued on an application signed by a parent, stepparent, husband, or wife. A person with an insurable interest in the life of a person who lacks the legal capacity to consent to life insurance may, on written application, put into effect life insurance on that person. If an agreement in an application for a life insurance or health insurance contract authorizes the insurer to issue a policy other than that applied for or to amend the application, the agreement must contain substantially the following language: “Except that no change in amount, classification, plan of insurance, or benefits may take effect unless agreed to in writing by the applicant”. Ratification of an amendment under paragraph (1) of this subsection is made by the applicant’s acceptance of the amended contract.

This section applies to a form for a life insurance or health insurance policy, an annuity contract, an application for that policy or contract that is required to be written, a rider, or an endorsement that: is delivered or issued for delivery in the State; or is used by domestic insurers for delivery in a jurisdiction outside the State, if: the insurance supervisory official of the jurisdiction informs the Commissioner that the form is not subject to approval or disapproval by the official; and the Commissioner requires the form to be submitted to the Commissioner for approval. This section does not apply to unique riders, endorsements, or forms that are: designed for and relate to the manner of distribution of benefits or to the reservation of rights and benefits under life insurance or health insurance policies or annuity contracts; and used at the request of the individual policyholder, contract holder, or certificate holder. A form subject to this section may not be delivered or issued for delivery in the State, unless the form has been filed with and approved by the Commissioner. An individual certificate may not be used in connection with a group or blanket insurance policy or group annuity contract unless the form for the certificate has been filed with and approved by the Commissioner. The filing of a form with the Commissioner shall be made at least 60 days before delivery. Approval by the Commissioner of the form constitutes a waiver of any unexpired part of the filing period. The Commissioner may extend the initial filing period up to an additional 30 days if the Commissioner gives notice of the extension before the initial filing period ends. The form is deemed approved unless the Commissioner affirmatively approves or disapproves it before the end of the initial filing period or any extended period. At any time, the Commissioner may withdraw approval of a form, if the Commissioner: gives prior notice of the withdrawal; shows cause for the withdrawal; and states the effective date of the withdrawal in the notice. The withdrawal of approval shall take effect at least 20 days after the withdrawal notice is given. The Commissioner may order an exemption from this section for as long as the Commissioner considers proper for an insurance document or form or type of insurance document or form if the Commissioner finds that: this section is not practicably applicable; or the filing and approval of the document or form or type of document or form are not desirable or necessary to protect the public. The Commissioner may adopt regulations to allow a type or kind of form to be effective upon receipt of the filing by the Commissioner. If an insurer uses a form which becomes effective in accordance with the provisions of subparagraph (i) of this paragraph and the form would be subject to disapproval under § 12-205(b) of this subtitle, the Commissioner may: subsequently disapprove the form; and impose on the insurer a penalty under § 4-113 of this article. If an insurer files a form with the Commissioner which becomes effective in accordance with the provisions of subparagraph (i) of this paragraph, the insurer shall pay the applicable filing fee provided in § 2-112 of this article. The Commissioner shall approve life insurance policies, health insurance policies, and annuity contracts in loose-leaf form and shall approve alternate pages submitted separately for use with the policies and contracts if their provisions comply with this article. Whenever alternate pages are filed after the initial policies or contracts are approved, the Commissioner may require that those policies or contracts also be submitted with an explanation of the intended usage of the alternate pages. A combination of approved pages may form a complete policy or contract if a schedule is filed with the Commissioner that shows the pages to be used to form each particular policy or contract. The applicable standards for forms used by domestic insurers for delivery in the State shall apply to forms used by domestic insurers for delivery outside the State. By regulation, the Commissioner shall adopt the language and format for standard provisions required under § 12-102(a) of this title for contracts and policies issued by insurers, nonprofit health service plans, and health maintenance organizations.

The Commissioner may hold hearings to determine if accident, disability, and health insurance policies meet the requirements of § 12-205 of this subtitle, so that fraud and the issuance of insurance policies economically unsound to insureds may be prevented and to ensure that a minimum amount of benefits or coverage is made available to the policy or certificate holders. After evaluating the results of a hearing, the Commissioner shall, in compliance with § 12-205 of this subtitle, adopt reasonable regulations establishing minimum benefits or coverages necessary to meet the needs of insureds.

The Commissioner shall disapprove a form or withdraw the previous approval of a form filed under § 12–203 of this subtitle if the form does not meet the requirements of subsection (b) of this section. The order of disapproval or withdrawal of approval shall inform the insurer of: a statutory or regulatory basis for the disapproval or withdrawal of approval; and an explanation of the application of the statutory or regulatory basis for the disapproval or withdrawal of approval. A form may not: in any respect violate or fail to comply with this article; contain or incorporate by reference, if the incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the contract; have a title, heading, or other indication of its provisions that is likely to mislead the policyholder or certificate holder; contain an inequitable provision of insurance without substantial benefit to the policyholder; be printed or otherwise reproduced so as to make a provision of the form substantially illegible; provide benefits in a health insurance policy that are unreasonable in relation to the premium charged; contain, irrespective of the premium charged, a benefit that is not sufficient to be of real economic value to the insured; fail to provide minimum benefits or coverages that the Commissioner considers necessary to meet the minimum needs of the insured; or in a health insurance application form or a nonprofit health service plan application form, contain inquiries about: a preexisting condition, illness, or disease for which the applicant has not received medical care or advice from a licensed health care provider: during the 7 years immediately before the date of application; or for an application for an individual health benefit plan that is subject to § 15–508.1 of this article, during the 5 years immediately before the date of application; or medical screening, testing, monitoring, or any other similar medical procedure that the Commissioner specifies and that the applicant received: more than 7 years before the date of application; or for an application for an individual health benefit plan that is subject to § 15–508.1 of this article, more than 5 years before the date of application.

This subsection does not apply to industrial life insurance policies. Unless a complete copy of the application for the issuance of a life insurance or health insurance policy or annuity contract is attached to or otherwise made a part of the policy or contract when issued, the application is not admissible in evidence in a proceeding relating to the policy or contract. If an insured, beneficiary, or assignee of a reinstated or renewed life insurance or health insurance policy that is delivered in the State makes a written request to the insurer for a copy of any application for reinstatement or renewal, the insurer shall deliver or mail the copy within 30 days after the request is received at the insurer’s home office or branch office. If a requested copy is not delivered or mailed, the insurer may not introduce the application in evidence in any proceeding based on or involving the policy, its reinstatement, or its renewal. If the request is from a beneficiary, the time for the insurer to provide a copy does not begin to run until after the insurer receives evidence that satisfies the insurer of the beneficiary’s vested interest in the policy or contract. Except as provided in paragraph (2) of this subsection, an alteration of a written application for a life insurance or health insurance policy or annuity contract may not be made by a person other than the applicant without the applicant’s written consent. An insurer may make an insertion for administrative purposes only in a way that indicates clearly that the insertion is not to be ascribed to the applicant.

Each statement by or on behalf of the insured or annuitant in an application for the issuance, renewal, or reinstatement of a life insurance or health insurance policy or annuity contract is considered to be a representation and not a warranty. A misrepresentation, omission, concealment of facts, or incorrect statement does not prevent a recovery under the policy or contract unless: the misrepresentation, omission, concealment, or statement is fraudulent or material to the acceptance of the risk or to the hazard that the insurer assumes; or if the correct facts had been made known to the insurer, as required by the application for the policy or contract or otherwise, the insurer in good faith would not have: issued, reinstated, or renewed the policy or contract; issued the policy or contract in as large an amount or at the same premium or rate; or provided coverage with respect to the hazard resulting in the loss.

Whenever the proceeds of or payments under a life insurance or health insurance policy or annuity contract become payable in accordance with the policy or contract or in accordance with the exercise of any right or privilege under the policy or contract, and the insurer makes payment in accordance with the policy or contract or in accordance with a written assignment of the policy or contract, the person then designated in the policy or contract or by the assignment as being entitled to the proceeds or payments is entitled to receive the proceeds or payments and to give a full release. Payment shall discharge the insurer fully from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office notice written by or on behalf of another person that the other person claims to be entitled to the payment or to some interest in the policy or contract.

A life insurance or health insurance policy or annuity contract may not be delivered or issued for delivery in the State if the policy or contract: states that the policy or contract is to be construed according to the laws of another state or country; states that the rights and obligations of the insured or of a person with a claim under the policy or contract are to be governed by laws other than the laws of this State; provides a period shorter than 3 years within which an action may be brought on the policy or contract; deprives the courts of the State of the jurisdiction of any action against the insurer; provides that the insurance producer who solicits the insurance or annuity is the agent of the insured; or makes the acts or representations of the insurance producer who solicits the insurance or annuity binding on the insured.

On advance written notice to an insurer, the Commissioner may extend by a maximum of 60 days the grace period for making premium payments on life insurance, accident, and health insurance policies if: an emergency situation exists that would delay or prevent the prompt and orderly payment of the premiums due by all or a substantial number of the insureds of the insurer; and the emergency is not the fault of the insureds. For purposes of this section, an emergency situation includes a fire, earthquake, flood, postal strike, insurance producer strike, or other situation that is not under the control of insureds.

In this section, “carrier” means: an insurer; a nonprofit health service plan; or a health maintenance organization. A health insurance policy, a life insurance policy, an annuity contract, a health maintenance organization contract, or a disability insurance policy may not be sold, delivered, or issued for delivery in the State by a carrier if the policy contains a clause that purports to reserve sole discretion to the carrier to interpret the terms of the policy or to provide standards of interpretation or review that are inconsistent with the laws of the State.