§ 58-38-25. Flesch scale analysis readability score; procedures.

§58‑38‑25.  Flesch scale analysis readability score; procedures.

(a)        A Flesch scaleanalysis readability score will be measured as provided in this section.

(b)        For policiescontaining 10,000 words or less of text, the entire policy must be analyzed.For policies containing more than 10,000 words, the readability of two 200‑wordsamples per page may be analyzed in lieu of the entire policy. The samples mustbe separated by at least 20 printed lines. For the purposes of this subsectiona word will be counted as five printed characters or spaces between characters.

(c)        The number of wordsand sentences in the text must be counted and the total number of words dividedby the total number of sentences. The figure obtained must be multiplied by afactor of 1.015. The total number of syllables must be counted and divided bythe total number of words. The figure obtained must be multiplied by a factorof 84.6. The sum of the figures computed under this subsection subtracted from206.835 equals the Flesch scale analysis readability score for the policy.

(d)        For the purposes ofsubsection (c) of this section the following procedures must be used:

(1)        A contraction,hyphenated word, or numbers and letters, when separated by spaces, will becounted as one word;

(2)        A unit of wordsending with a period, semicolon, or colon, but excluding headings and captions,will be counted as a sentence; and

(3)        A syllable means aunit of spoken language consisting of one or more letters of a word as dividedby an accepted dictionary. Where the dictionary shows two or more equallyacceptable pronunciations of a word, the pronunciation containing fewersyllables may be used.

(e)        The term"text" as used in this section includes all printed matter except thefollowing:

(1)        The name and addressof the insurer; the name, number or title of the policy; the table of contentsor index; captions and subcaptions; specification pages, schedules or tables;and

(2)        Any policy languagethat is drafted to conform to the requirements of any law, regulation, oragency interpretation of any state or the federal government; any policylanguage required by any collectively bargained agreement; any medicalterminology; and any words that are defined in the policy: Provided, however,that the insurer submits with his filing under G.S. 58‑38‑30 acertified document identifying the language or terminology that is entitled tobe excepted by this subdivision. (1979, c. 755, s. 1.)