3208 - Antedating of life insurance policies and burial agreements prohibited.

§  3208.  Antedating  of life insurance policies and burial agreements  prohibited. (a) No insurer shall knowingly deliver or issue for delivery  in this state any policy of life insurance that purports  to  have  been  issued  or  to have taken effect more than six months before the date on  which the application therefor was  made,  if  thereby  the  premium  is  reduced below the premium that would be payable thereon as determined by  the  insured's  birthday  nearest  the date on which the application was  made.    (b) No agent, other representative  of  an  insurer  or  broker  shall  prepare,  submit  or  accept  in  this  state  any  application for life  insurance dated earlier than the date on which the application was  made  by  the  insured  or the applicant, if thereby the premium is reduced as  above stated.    (c) This section shall not be construed  to  invalidate  any  contract  made  in  violation  of  the  provisions  hereof;  nor  to  prohibit the  exchange, alteration or conversion of any policy of life insurance as of  the original date thereof if the amount of insurance of the  new  policy  does not exceed the greater of that of the original policy or that which  the premium paid for the original policy would have purchased if the new  policy  had been originally applied for; nor to prohibit the exercise of  any conversion privilege contained in any policy.    (d) No person, firm, association, society, or corporation  engaged  in  this  state  in  the  business  of providing for the payment of funeral,  burial or other expenses of deceased  members,  whether  or  not  it  be  subject to the other provisions of this chapter, and no insurer shall:    (1) deliver or issue for delivery in this state any contract or policy  whereby  the benefit or any part thereof accruing under such contract or  policy, upon the death of such member or of the person insured, shall be  payable to a  designated  or  restricted  funeral  director  or  funeral  directing  concern or other person engaged in such trade or business, or  to any official or designated group of them; or    * (2) pay any such benefit or any part thereof to any funeral director  or funeral directing concern or other person engaged in  such  trade  or  business  or  to  any  official or designated group of them, without the  consent of the person or persons entitled to such benefits,  or  to  pay  any commission or other consideration to any funeral director or funeral  directing  concern  or employee thereof to induce such person to sell or  offer to sell any contract or policy of insurance designated or marketed  as payable for funeral or burial expenses upon the death of the insured;  or    * NB Effective until June 1, 2012    * (2) pay any such benefit or any part thereof to any funeral director  or funeral directing concern or other person engaged in  such  trade  or  business  or  to  any  official or designated group of them, without the  consent of the person or persons entitled to such benefits; or    * NB Effective June 1, 2012    * (3) in any way deprive the personal representative or family of  the  deceased  of  the  advantages of competition in procuring and purchasing  supplies  and  services  in  connection  with  the  funeral  and  burial  arrangements of such deceased.    * NB Effective until June 1, 2012    * (3)  in any way deprive the personal representative or family of the  deceased of the advantages of competition in  procuring  and  purchasing  supplies and services in connection with the burial of such deceased.    * NB Effective June 1, 2012