CHAPTER 58-33
UNFAIR TRADE PRACTICES
58-33-1 Purposes of chapter.
58-33-2 Unfair method or deceptive act as misdemeanor.
58-33-3 Acts constituting unfair methods of competition and unfair or deceptive practices.
58-33-4 Use of misleading name as misdemeanor.
58-33-5 Misrepresentation or false advertising of policies as misdemeanor.
58-33-5.1 Rules to promote proper disclosure of terms and conditions of life insurance policies.
58-33-6 False information or advertising as misdemeanor.
58-33-7 Defamation as misdemeanor.
58-33-8 Twisting as misdemeanor.
58-33-9 False entry with intent to deceive--Omission of true entry--Misdemeanor.
58-33-10 False financial statement as misdemeanor.
58-33-11 Stock operations and advisory board contracts as inducement--Misdemeanor.
58-33-12 Unfair discrimination as misdemeanor--Life insurance and annuities.
58-33-12.1 Blindness as basis for life insurance termination, modification or refusal--Unfair practice.
58-33-13 Unfair discrimination as misdemeanor--Health insurance.
58-33-13.1 Sex or marital status discrimination prohibited--Exceptions.
58-33-13.2 Definition of sex or marital status discrimination terms.
58-33-13.3 Domestic violence victim discrimination prohibited.
58-33-14 Rebate as misdemeanor--Life, disability and annuity contracts.
58-33-15 Insurance not to be used to induce purchases of commodities or services--Misdemeanor.
58-33-16 Credit life insurance permitted as inducement for purchases.
58-33-17 Bonus to policyholder from accumulated surplus on life or annuity policy not discrimination or rebate.
58-33-18 Allowance to industrial policyholder for making payments to office of insurer permitted.
58-33-19 Readjustment of premium rate permitted for group policy based on loss or expense experience.
58-33-20 Reduction of premium rate permitted for large policies.
58-33-21 Reduced rate permitted for life or health insurance policies or annuity contracts on payroll deduction plan.
58-33-22 Increase in health insurance benefits by maintaining policy in force permitted.
58-33-23 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.
58-33-24 Rebate, discount, or special advantage as misdemeanor--Exception.
58-33-25 Acceptance by insured of rebate, discount or special advantage as misdemeanor.
58-33-26 Unfair discrimination as to terms and conditions of insurance as misdemeanor.
58-33-27 Compensation to insurance producers permitted--Allowance or return of dividends, savings, or unabsorbed premium deposits permitted.
58-33-28 58-33-28, 58-33-29. Repealed by SL 1979, ch 341, §§ 9, 10.
58-33-30 Provisions not applicable to life or health insurance or annuities.
58-33-31 Favored insurance producer or insurer as misdemeanor.
58-33-32 Boycott, coercion, or intimidation as misdemeanor.
58-33-33 Interlocking ownership or management permitted.
58-33-34 Directorship in two or more insurers permitted.
58-33-35 Collection of premium for insurance not provided as misdemeanor.
58-33-36 Illegal dealing in premiums and improper charges as misdemeanors.
58-33-37 False application as misdemeanor--False claim or proof of loss as misdemeanor or felony.
58-33-37.1 Aggregation of false claims or applications committed pursuant to one course of conduct.
58-33-38 Undefined unfair or deceptive practice--Findings by director.
58-33-39 Action to restrain violation found by director--Record of hearing received in evidence.
58-33-40 Cease and desist order of director.
58-33-41 Appeal from director's order.
58-33-42 Finality of cease and desist order--Appeal by intervener.
58-33-43 Affirmance of order of director--Order of court for obedience.
58-33-44 Liabilities and penalties not relieved by director's or court order.
58-33-45 Violation of desist order as misdemeanor.
58-33-46 Imposition of penalty not prevented by cease and desist order.
58-33-46.1 Civil action for damages resulting from unfair or prohibited act--Attorneys' fees.
58-33-47 Process against unauthorized insurers for false advertising--Purpose of provisions.
58-33-48 Definition of terms.
58-33-49 Unlawful advertising by unauthorized insurer as misdemeanor--Notice to insurance supervisory official of domiciliary state.
58-33-50 Action by director on failure of insurer to cease false advertising after notice.
58-33-51 Acts constituting appointment of director as process agent.
58-33-52 Service of process on director, copies delivered--Mailing of copy to defendant.
58-33-53 Service of process on agent of insurer.
58-33-54 Additional method of service of process and notice.
58-33-55 Waiting period before entry of default order or judgment.
58-33-56 Liberal construction of process provisions.
58-33-57 Severability of provisions.
58-33-58 Citation of provisions for process against unauthorized insurers for false advertising.
58-33-59 Cancellation of insurance--Definitions.
58-33-60 Notice of cancellation required--Time--Contents.
58-33-61 Grounds for cancellation.
58-33-62 Complaint of violation to division--Determination of reasonableness--Hearing.
58-33-63 Reinstatement and money penalty for violation.
58-33-64 Immunity from liability for statements concerning cancellation.
58-33-65 Automobile policies exempt.
58-33-65.1 Private remedy or right of action prohibited.
58-33-66 Unfair or deceptive insurance practices.
58-33-67 Unfair or deceptive practices in dealing with insured.
58-33-68 Factors considered in determining action taken against violator--Failure to remedy situation--Administrative action.
58-33-69 No private right of action.
58-33-70 Definitions--Aftermarket crash parts.
58-33-71 Use of nonoriginal equipment manufacturer's aftermarket crash parts to repair vehicle--Consumer to be advised in writing--Estimate and disclosure document.
58-33-72 58-33-72, 58-33-73. Repealed by SL 2014, ch 242, §§ 1, 2.
58-33-74 Gifts for advertising or promotional programs.
58-33-75 Definitions.
58-33-76 Notification of suspected fraud.
58-33-77 Accessibility of information relevant to suspected fraud--Types of information.
58-33-78 Time limit on information to and from authorized agency.
58-33-79 Liability of supplier of information.
58-33-80 Liability of those who supply information or testify as to fraud.
58-33-81 Notification to policyholder of request for information.
58-33-82 Confidentiality of information regarding suspected fraud--Testimony by authorized agency personnel.
58-33-83 Refund of unearned life and health insurance premiums on canceled policy--Exceptions.
58-33-84 Refund of unearned life and health insurance premiums on canceled policy due to death of insured--Exceptions.
58-33-85 Health insurers prohibited from denying enrollment of dependent child on certain grounds.
58-33-86 Prohibitions against a health insurer from using information pertaining to medical assistance eligibility.
58-33-87 Payments of health insurance benefits for medical assistance recipients.
58-33-88 Health insurance for dependent child through noncustodial parent's insurer.
58-33-89 Reporting regulatory activities and complaint handling.
58-33-90 Sale of securities by unregistered insurance producer prohibited.
58-33-91 Sale of unregistered securities by insurance producer prohibited.
58-33-92 Sale of unregistered business opportunity by insurance producer prohibited.
58-33-93 Definitions relating to multiple employer welfare arrangements.
58-33-94 Acts constituting transaction of insurance business in or from state.
58-33-95 Transacting of insurance defined.
58-33-96 Unauthorized health insurance defined.
58-33-97 Exclusions from unauthorized health insurance.
58-33-98 Notification of division required concerning unauthorized health insurance product--Review of division website--Stop loss insurers.
58-33-99 Circumstances in which licensee should know product is unauthorized health insurance.
58-33-100 Confidentiality of notifications--Use of information in legal and regulatory actions.
58-33-101 Disclosure of information to agencies of other states or federal government--Conditions--Immunity from civil liability.
58-33-102 Due diligence investigation required of insurance producer before offering health benefit plan.
58-33-103 Due diligence investigation required of insurance producer before submitting stop loss policy application for health benefit plan.
58-33-104 Due diligence investigation required of third party administrator before entering into any administrative contract for health benefit plan.
58-33-105 Due diligence investigation required of insurer before issuing stop loss policy for health benefit plan.
58-33-106 Requirements for engaging in transacting of insurance by issuing stop loss policy.
58-33-107 Written disclosures required before issuing contract for stop loss policy.
58-33-108 Due diligence investigation required of preferred provider organization before contracting with offeror or provider of health benefit plan.
58-33-109 Defenses available to person who acts according to written advice of MEWA contact.
58-33-110 Circumstances mitigating violation of §§ 58-33-102 to 58-33-108.
58-33-111 Due diligence not required with respect to unassisted health benefit plan where not engaged in transacting of insurance.
58-33-112 Documented supervision procedures and controls.
58-33-113 Continuing education--Summary of supervision procedures and controls.
58-33-114 Suspension or revocation of registration of preferred provider organization for violation--Other action to assure future compliance.
58-33-115 Inapplicability to joint powers agreements.
58-33-116 Inapplicability to arrangements not issued to person in state or solicited in state.
58-33-117 Definitions.
58-33-118 Solicitation or sale of life insurance or annuity to active duty service member.
58-33-119 Certain solicitations and sales excluded.
58-33-120 Education of members of armed forces in accordance with Department of Defense instruction permitted.
58-33-121 Certain advertisements and marketing exempt--Face-to-face meetings not exempt.
58-33-122 Life insurance solicitation practices on military installation considered false, misleading, deceptive, or unfair.
58-33-123 Insurer practices using armed forces personnel or programs considered false, misleading, deceptive, or unfair.
58-33-124 Additional practices using personnel, services, or programs of the armed forces or depository institutions considered false, misleading, deceptive, or unfair.
58-33-125 Misleading as to endorsement, sponsorship, or recommendation by armed forces or government agency considered false, misleading, deceptive, or unfair.
58-33-126 Using the credited interest rate as net return or misrepresenting mortality costs considered false, misleading, deceptive, or unfair.
58-33-127 Practices regarding Servicemembers' Group Life Insurance or Veterans' Group Life Insurance considered false, misleading, deceptive, or unfair.
58-33-128 Certain disclosure practices considered false, misleading, deceptive, or unfair.
58-33-129 Certain additional life insurance sales practices considered false, misleading, deceptive, or unfair.
58-33-130 Promulgation of rules.
58-33-131 Employer insurance assistance program defined.
58-33-132 Construction with statutes regarding rebates, discounts, and special advantages.
58-33-133 Employer insurance assistance program offerings to be in writing--Certain monetary payments prohibited.
58-33-134 Promulgation of rules for employer insurance assistance programs.
58-33-135 Unfair or deceptive practices by pharmacy benefits manager.
58-33-136 Value-added products or services not discriminatory--Description.
58-33-137 Value-added product or service--Permitted as pilot or testing program--Notice to division.
58-33-138 Value-added product or service--Permitted raffles or drawings described.
58-33-139 Inducement and certain language in advertising prohibited.
58-33-140 Value-added product or service--Promulgation of rules.