[§431:33-105] Policy conditions. (a) If a pet insurer uses any of the terms in this article in a policy of pet insurance, the pet insurer shall use the definition of each of those terms as set forth in section 431:33-103 and include the definition of the term in the policy. The pet insurer shall also make the definition available through a clear and conspicuous link on the main page of the pet insurer's or pet insurer's program administrator's website.
(b) A pet insurer may issue policies that exclude coverage on the basis of one or more preexisting conditions with appropriate disclosure to the consumer. The pet insurer shall have the burden of proving that the preexisting condition exclusion applies to the condition for which a claim is being made. A condition for which coverage is afforded on a policy shall not be considered a preexisting condition on any renewal of the policy.
(c) A pet insurer may issue policies that impose waiting periods upon effectuation of the policy that do not exceed thirty days for illnesses or orthopedic conditions not resulting from an accident. Waiting periods shall not be applied to renewals of existing coverage. Waiting periods for accidents shall be prohibited.
A pet insurer utilizing a waiting period permitted under this subsection shall include a provision in its contract that allows the waiting periods to be waived upon completion of a medical examination. Pet insurers may require the examination to be conducted by a veterinarian after the purchase of the policy. The medical examination for the waiver shall be paid for by the consumer, unless the policy specifies that the pet insurer will pay for the examination. A pet insurer may specify elements to be included as part of the medical examination and require documentation of the examination; provided that the specifications shall not unreasonably restrict a consumer's ability to waive the waiting period under this subsection.
Waiting periods, and the requirements applicable to the waiting periods, shall be clearly and prominently disclosed to consumers before the policy purchase.
(d) A pet insurer shall not require a medical examination of the covered pet for the consumer to have the policy renewed.
(e) If a pet insurer includes any prescriptive, wellness, or non-insurance benefits in the policy form, then the benefits shall be made part of the policy contract and shall follow all applicable laws and rules in this chapter.
(f) A consumer's eligibility to purchase a pet insurance policy shall not be based on participation, or lack of participation, in a separate wellness program. [L 2025, c 79, pt of §1]