Section 27-12-1 Purpose of chapter; short title. (a) The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of congress as expressed in the Insurance Regulation Act by defining, or providing for the determination of, all such practices in this state which constitute unfair methods […]
Section 27-12-10 Financial inducements to purchase insurance. (a) No person shall issue or deliver, or permit its agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in any common-law corporation, or securities, or any special or advisory board contract or other contract of any […]
Section 27-12-11 Life, annuity, and disability insurance – Unfair discrimination in rates, etc. (a) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity, or in the dividends or other benefits […]
Section 27-12-12 Life, annuity, and disability insurance – Agreements not expressed in contract, rebates, and other inducements. (a) No person shall knowingly permit or offer to make, or make, any contract of life insurance, annuity or disability insurance or agreement as to such contract other than as plainly expressed in the contract issued thereon, or […]
Section 27-12-13 Life, annuity, and disability insurance – Exceptions to discrimination, rebates, or special inducements. Nothing in Sections 27-12-11 and 27-12-12 shall be construed as including within the definition of discrimination, rebates, or special inducements any of the following practices: (1) In the case of any contract of life insurance or annuity, paying bonuses to […]
Section 27-12-14 Inducements as to property, casualty, or surety insurance. (a) No property, casualty, or surety insurer, or any employee thereof, and no broker, agent, or solicitor shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance or after insurance has been effected, any rebate, […]
Section 27-12-15 Purchase of insurance as condition precedent to sale or loan on property. No person, firm, or corporation engaged in selling real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of any such person, firm, or corporation shall […]
Section 27-12-16 Common ownership, management, and directorships. (a) Any insurer may retain, invest in or acquire, the whole or any part of, the capital stock of any other insurer, or insurers, or have a common management with any other insurer, or insurers, unless such retention, investment, acquisition, or common management is inconsistent with any other […]
Section 27-12-17 Collection of premiums or charges when insurance not provided; excess premium or charge. (a) No person shall willfully collect any sum as premium or charge for insurance which insurance is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an […]
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner believes that any person has been engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice expressly prohibited in this trade practices law and that a proceeding by him in […]
Section 27-12-19 Service of statements, notices, orders, and other processes. Statements of charges, notices, orders, and other processes of the commissioner under this trade practices law may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions or by registering or certifying […]
Section 27-12-2 General prohibition against unfair competition, etc. No person shall engage in this state in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. (Acts 1957, No. […]
Section 27-12-20 Review of commissioner’s cease and desist orders. Any person required by an order of the commissioner under Section 27-12-18 to cease and desist from engaging in any unfair method of competition or any unfair or deceptive act or practice defined in this trade practices law may obtain a review of such order by […]
Section 27-12-21 Proceedings on unfair competition, etc., not defined under chapter – Generally. (a) Whenever the commissioner has reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition, or in any act or practice in the conduct of such business which is not […]
Section 27-12-22 Proceedings on unfair competition, etc., not defined under chapter – Appeal by intervenor. If the report of the commissioner under Section 27-12-21 does not charge a violation of this chapter, then any intervenor in the proceedings may, within 30 days after the service of such report, cause a notice of appeal to be […]
Section 27-12-23 False statements, etc., in insurance application. No agent, broker, solicitor, examining physician, or other person shall knowingly make a false or fraudulent statement or representation in, or relative to, an application for insurance. Violations of this section shall be punishable under Section 27-1-12. (Acts 1971, No. 407, p. 707, §249.)
Section 27-12-24 Refusal of insurer to pay or settle claims. No insurer shall, without just cause, refuse to pay or settle claims arising under coverages provided by its policies in this state and with such frequency as to indicate a general business practice in this state, which general business practice is evidenced by: (1) A […]
Section 27-12-25 Denying, delaying, or deferring payment of an otherwise valid claim for payment of health care services prohibited under certain circumstances. (a) Notwithstanding any other provision of law, any health insurer, any health care service plan organized under Article 6, Chapter 20, Title 10A, or any health maintenance organization organized under Chapter 21A of […]
Section 27-12-6 “Twisting.” No person shall make or issue, or cause to be made or issued, any written or oral statement misrepresenting or making misleading incomplete comparisons as to the terms, conditions, or benefits contained in any policy for the purpose of inducing, or attempting or tending to induce, the policyholder to lapse, forfeit, surrender, […]
Section 27-12-7 False statements and entries. (a) No person shall file with any supervisory or other public official or make, publish, disseminate, circulate, or deliver to any person or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false […]