Sec. 31.04.17.06. Contents of Application Forms

A. An application form shall stipulate the plan and amount of insurance and any added optional benefits being applied for.

B. If the carrier uses an application form which contains language substantially as follows, "Except that no change in amount, classification, plan of insurance or benefits shall be effective unless agreed to in writing by the applicant", with an additional statement that this exception is effective only in certain states, the form shall specifically name Maryland as one of the states in which the exception is effective.

C. If an application inquires about the applicant's participation in "hazardous activities", the application shall list the activities that are considered to be "hazardous".

D. If an application inquires about the applicant's use of "other habit-forming drugs", the application shall list the specific drugs that are considered "habit-forming".

E. If an application contains questions regarding past or present health conditions:

(1) The questions shall be asked to the best of the applicant's knowledge and belief; or

(2) The application shall include a statement that all of the answers provided are representations and are not warranties.

F. If an application inquires about a symptom of an applicant, the question shall be asked about a "known symptom" of a physical condition or mental condition.

G. If an application inquires if an applicant has had any indication of a physical condition or mental condition, the question shall be asked about a "known indication" of a physical condition or mental condition.

H. Applications for Individual Insurance.

(1) If an application is to be used by more than one carrier, the application shall include check-off boxes to indicate the carrier to which application is being made.

(2) Each carrier using the application shall:

(a) File the application with the Commissioner for approval; and

(b) Receive approval of use of the application from the Commissioner before using it in Maryland.

I. Applications for Group Insurance.

(1) A group application may be used by more than one carrier if each carrier using the application shall:

(a) File the application with the Commissioner; and

(b) Receive approval of the application from the Commissioner before using it in Maryland.

(2) If more than one carrier requests approval to use the same application with different group applicants, the application shall include check-off boxes to indicate the carrier to which application is being made.

(3) Group Applications for Multiple Carriers.

(a) A group application may be designed to be used by:

(i) More than one carrier;

(ii) A carrier and a health maintenance organization; or

(iii) Multiple carriers and a health maintenance organization.

(b) A group application described in §I(3)(a) of this regulation shall clearly identify the coverage underwritten by each carrier or health maintenance organization.

J. If an application is to be completed by more than one individual, the signature box in the application shall clearly indicate that the signature applies only to the portion of the application completed by that individual.