Section 8805 - Policy conditions(a)(1) A pet insurer may issue a policy that excludes coverage on the basis of 1 or more preexisting conditions with appropriate disclosure to the consumer. The pet insurer has the burden of proving that the preexisting condition exclusion applies to the condition for which a claim is being made.(2) A condition for which coverage is afforded on a policy may not be considered a preexisting condition on a renewal of the policy.(b) A pet insurer may issue a policy that imposes a waiting period on effectuation of the policy that does not exceed 30 days for an illness or orthopedic condition not resulting from an accident. A waiting period for accidents is prohibited. (1) A pet insurer utilizing a waiting period permitted under this subsection (b) shall include a provision in the contract that allows the waiting period to be waived upon completion of a medical examination. A pet insurer may require the examination to be conducted by a licensed veterinarian after the purchase of the policy. a. The policyholder must pay for a medical examination under subsection (b) of this section, unless the policy specifies that the pet insurer must pay for the examination.b. A pet insurer may specify an element to be included as part of the examination and require documentation thereof, but a specification may not unreasonably restrict a consumer's ability to waive a waiting period under subsection (b) of this section.(2) A waiting period, and a requirement applicable to a waiting period, must be clearly and prominently disclosed to consumers prior to the policy purchase.(3) A waiting period may not be applied to a renewal of existing coverage.(c) A pet insurer may not require a veterinary examination of the covered pet for the insured to have the insured's policy renewed.(d) If a pet insurer includes a prescriptive, wellness, or non-insurance benefit in the policy form, the benefit is made part of the policy contract and must follow applicable laws and regulations under Title 18.(e) An insured's eligibility to purchase a pet insurance policy must not be based on participation, or lack of participation, in a separate wellness program.Added by Laws 2023 , ch. 184, s 1, eff. 8/31/2023.