UNFAIR TRADE PRACTICES
Purposes of chapter.
Unfair method or deceptive act as misdemeanor.
Acts constituting unfair methods of competition and unfair or deceptive
Use of misleading name as misdemeanor.
Misrepresentation or false advertising of policies as misdemeanor.
Rules to promote proper disclosure of terms and conditions of life insurance
False information or advertising as misdemeanor.
Defamation as misdemeanor.
Twisting as misdemeanor.
False entry with intent to deceive--Omission of true entry--Misdemeanor.
False financial statement as misdemeanor.
Stock operations and advisory board contracts as inducement--Misdemeanor.
Unfair discrimination as misdemeanor--Life insurance and annuities.
Blindness as basis for life insurance termination, modification or refusal--Unfair practice.
Unfair discrimination as misdemeanor--Health insurance.
Sex or marital status discrimination prohibited--Exceptions.
Definition of sex or marital status discrimination terms.
Domestic violence victim discrimination prohibited.
Rebate as misdemeanor--Life, disability and annuity contracts.
Insurance not to be used to induce purchases of commodities or services--Misdemeanor.
Credit life insurance permitted as inducement for purchases.
Bonus to policyholder from accumulated surplus on life or annuity policy not
discrimination or rebate.
Allowance to industrial policyholder for making payments to office of insurer
Readjustment of premium rate permitted for group policy based on loss or
Reduction of premium rate permitted for large policies.
Reduced rate permitted for life or health insurance policies or annuity
contracts on payroll deduction plan.
Increase in health insurance benefits by maintaining policy in force permitted.
Life insurance benefits paid to beneficiary--Payment to tradesman or
businessman as misdemeanor--Use of life insurance to pay costs of funeral--Fraternal benefit societies.
Rebate, discount, or special advantage as misdemeanor--Exception.
Acceptance by insured of rebate, discount or special advantage as
Unfair discrimination as to terms and conditions of insurance as
Compensation to insurance producers permitted--Allowance or return of
dividends, savings, or unabsorbed premium deposits permitted.
Provisions not applicable to life or health insurance or annuities.
Favored insurance producer or insurer as misdemeanor.
Boycott, coercion, or intimidation as misdemeanor.
Interlocking ownership or management permitted.
Directorship in two or more insurers permitted.
Collection of premium for insurance not provided as misdemeanor.
Illegal dealing in premiums and improper charges as misdemeanors.
False application as misdemeanor--False claim or proof of loss as
misdemeanor or felony.
Aggregation of false claims or applications committed pursuant to one course
Undefined unfair or deceptive practice--Findings by director.
Action to restrain violation found by director--Record of hearing received in
Cease and desist order of director.
Appeal from director's order.
Finality of cease and desist order--Appeal by intervener.
Affirmance of order of director--Order of court for obedience.
Liabilities and penalties not relieved by director's or court order.
Violation of desist order as misdemeanor.
Imposition of penalty not prevented by cease and desist order.
Civil action for damages resulting from unfair or prohibited act--Attorneys'
Process against unauthorized insurers for false advertising--Purpose of
Definition of terms.
Unlawful advertising by unauthorized insurer as misdemeanor--Notice to
insurance supervisory official of domiciliary state.
Action by director on failure of insurer to cease false advertising after notice.
Acts constituting appointment of director as process agent.
Service of process on director, copies delivered--Mailing of copy to
Service of process on agent of insurer.
Additional method of service of process and notice.
Waiting period before entry of default order or judgment.
Liberal construction of process provisions.
Severability of provisions.
Citation of provisions for process against unauthorized insurers for false
Cancellation of insurance--Definitions.
Notice of cancellation required--Time--Contents.
Grounds for cancellation.
Complaint of violation to division--Determination of reasonableness--Hearing.
Reinstatement and money penalty for violation.
Immunity from liability for statements concerning cancellation.
Automobile policies exempt.
Private remedy or right of action prohibited.
Unfair or deceptive insurance practices.
Unfair or deceptive practices in dealing with insured.
Factors considered in determining action taken against violator--Failure to
remedy situation--Administrative action.
No private right of action.
Definitions--Aftermarket crash parts.
Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair
vehicle--Consumer to be advised in writing--Estimate and disclosure
, 58-33-73. Repealed.
Gifts for advertising or promotional programs.
Notification of suspected fraud.
Accessibility of information relevant to suspected fraud--Types of
Time limit on information to and from authorized agency.
Liability of supplier of information.
Liability of those who supply information or testify as to fraud.
Notification to policyholder of request for information.
Confidentiality of information regarding suspected fraud--Testimony by
authorized agency personnel.
Refund of unearned life and health insurance premiums on canceled policy--Exceptions.
Refund of unearned life and health insurance premiums on canceled policy
due to death of insured--Exceptions.
Health insurers prohibited from denying enrollment of dependent child on
Prohibitions against a health insurer from using information pertaining to
medical assistance eligibility.
Payments of health insurance benefits for medical assistance recipients.
Health insurance for dependent child through noncustodial parent's insurer.
Reporting regulatory activities and complaint handling.
Sale of securities by unregistered insurance producer prohibited.
Sale of unregistered securities by insurance producer prohibited.
Sale of unregistered business opportunity by insurance producer prohibited.
Definitions relating to multiple employer welfare arrangements.
Acts constituting transaction of insurance business in or from state.
Transacting of insurance defined.
Unauthorized health insurance defined.
Exclusions from unauthorized health insurance.
Notification of division required concerning unauthorized health insurance
product--Review of division website--Stop loss insurers.
Circumstances in which licensee should know product is unauthorized health
Confidentiality of notifications--Use of information in legal and regulatory
Disclosure of information to agencies of other states or federal government--Conditions--Immunity from civil liability.
Due diligence investigation required of insurance producer before offering
health benefit plan.
Due diligence investigation required of insurance producer before submitting
stop loss policy application for health benefit plan.
Due diligence investigation required of third party administrator before
entering into any administrative contract for health benefit plan.
Due diligence investigation required of insurer before issuing stop loss policy
for health benefit plan.
Requirements for engaging in transacting of insurance by issuing stop loss
Written disclosures required before issuing contract for stop loss policy.
Due diligence investigation required of preferred provider organization before
contracting with offeror or provider of health benefit plan.
Defenses available to person who acts according to written advice of MEWA
Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.
Due diligence not required with respect to unassisted health benefit plan
where not engaged in transacting of insurance.
Documented supervision procedures and controls.
Continuing education--Summary of supervision procedures and controls.
Suspension or revocation of registration of preferred provider organization
for violation--Other action to assure future compliance.
Inapplicability to joint powers agreements.
Inapplicability to arrangements not issued to person in state or solicited in
Definition of terms.
Solicitation or sale of life insurance or annuity to active duty service member.
Certain solicitations and sales excluded.
Education of members of armed forces in accordance with Department of
Defense instruction permitted.
Certain advertisements and marketing exempt--Face-to-face meetings not
Life insurance solicitation practices on military installation considered false,
misleading, deceptive, or unfair.
Insurer practices using armed forces personnel or programs considered false,
misleading, deceptive, or unfair.
Additional practices using personnel, services, or programs of the armed
forces or depository institutions considered false, misleading, deceptive, or
Misleading as to endorsement, sponsorship, or recommendation by armed
forces or government agency considered false, misleading, deceptive, or
Using the credited interest rate as net return or misrepresenting mortality
costs considered false, misleading, deceptive, or unfair.
Practices regarding Servicemembers' Group Life Insurance or Veterans'
Group Life Insurance considered false, misleading, deceptive, or unfair.
Certain disclosure practices considered false, misleading, deceptive, or unfair.
Certain additional life insurance sales practices considered false, misleading,
deceptive, or unfair.
Promulgation of rules.
Employer insurance assistance program defined.
Construction with statutes regarding rebates, discounts, and special
Employer insurance assistance program offerings to be in writing--Certain
monetary payments prohibited
Promulgation of rules for employer insurance assistance programs.
Unfair or deceptive practices by pharmacy benefits manager.
Get Chapter 58-33