TITLE 41

INSURANCE

CHAPTER 32

FRATERNAL BENEFIT SOCIETIES

41-3239.  Other provisions applicable. (1) Except as herein provided, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state, not only in governmental relations with this state, but for every other purpose, and no law hereafter enacted shall apply to them, unless expressly designated therein.

(2)  The following chapters and provisions of this code shall also apply to fraternal benefit societies (who for the purpose shall be deemed also to be "insurers") to the extent so applicable and not inconsistent with the express provisions of this chapter and the reasonable implications of such express provisions:

(a)  Chapter 1 (scope of code);

(b)  Chapter 2 (the director of insurance);

(c)  Section 41-308(2) (general eligibility for certificate of authority), and for the purpose the annual license of a fraternal benefit society is deemed to be its "certificate of authority";

(d)  Sections 41-1201 (representing or aiding unauthorized insurer prohibited), 41-1202 (penalty), and 41-1203 (suits by unauthorized insurer prohibited);

(e)  The following sections of chapter 18 (the insurance contract):

(i)   Section 41-1828 (payment discharges insurer — payment to marital community);

(ii)  Section 41-1829 (minor may give acquittance);

(iii) Section 41-1830 (life policy as separate property of married woman);

(iv)  Section 41-1838 (venue of suits against insurers);

(v)   Section 41-1839 (allowance of attorney fees in suits against insurers);

(f)  Section 41-1934 (prohibited policy plans);

(g)  Section 41-2837 (prohibited pecuniary interest of officials);

(h)  Chapter 33 (rehabilitation and liquidation);

(i)  Section 41-332 (foreign insurers exempt from corporation laws governing admission of foreign corporations);

(j)  Section 41-2141 (coordination with social security benefits);

(k)  Section 41-1927A (standard nonforfeiture law for individual deferred annuities);

(l)  Chapter 46 (long-term care insurance); and

(m)  Chapter 54 (risk-based capital).

History:

[41-3239, added 1995, ch. 213, sec. 2, p. 741; am. 2014, ch. 319, sec. 7, p. 791.]