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Home » US Law » 2019 US Virgin Islands Code » Title 22 - Insurance » Chapter 49 - Unfair Practices and Frauds

§ 1201. Unfair practices in general

(a) No person engaged in the business of insurance shall engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of such business as such methods, acts, or practices are defined pursuant to subsection (b) of this section. (b) In addition to such unfair methods and unfair or […]

§ 1202. Anticompact law

(a) No person shall either within or outside this territory enter into any contract, understanding or combination with any other person to do jointly or severally any act or engage in any practice for any of the following purposes: (1) controlling the rates to be charged for insuring any risks or any class of risks […]

§ 1203. False financial statements

No person shall knowingly file with any public official nor knowingly make, publish, or disseminate any financial statement of an insurer which does not accurately state the insurer’s financial condition.

§ 1204. False information and advertising

No person shall knowingly make, publish, or disseminate any false, deceptive or misleading representation or advertising in the conduct of the business of insurance or relative to any person engaged therein.

§ 1205. Advertising must show name and domicile

Every advertisement of, by, or on behalf of an insurer shall set forth the name in full of the insurer and the location of its home office or principal office, if any, in the United States (if an alien insurer).

§ 1207. Advertising of financial condition

(a) Every advertisement by or on behalf of any insurer purporting to show its financial condition may be in a condensed form but shall in substance correspond with the insurer’s last verified statement filed with the Commissioner. (b) No insurer or person in its behalf shall advertise assets except those actually owned and possessed by […]

§ 1208. Defamation of insurer

No person shall make, publish, or disseminate, or aid, abet or encourage the making, publishing, or dissemination of any information or statement which is false or maliciously critical and which is designed to injure in its reputation or business any authorized insurer or any domestic corporation being formed pursuant to this title for the purpose […]

§ 1209. Misrepresentation of policies

No person shall make, issue or circulate, or cause to be made, issued or circulated any misrepresentation of the terms of any policy or the benefits or advantages promised thereby, or the dividends or share of surplus to be received thereon, or use any name or title of any policy or class of policies misrepresenting […]

§ 1210. Dividends not to be guaranteed

No insurer, agent, broker, solicitor, or other person, shall guarantee or agree to the payment of future dividends or future refunds of unused premiums or savings in any specific or approximate amounts or percentages on account of any insurance contract.

§ 1211. Political contributions

(a) No insurer or fraternal benefit society doing business in this territory shall directly or indirectly pay or use, or offer, consent or agree to pay or use any money or thing of value for or in aid of any political party; nor for or in aid of any candidate for any political office, nor […]

§ 1212. Misconduct of officers, employers

No director, officer, agent, attorney in fact, or employee of an insurer shall— (1) knowingly receive or possess himself of any of its property, otherwise than in payment for a just demand, and with intent to defraud, omit to make or to cause or direct to be made, a full and true entry thereof in […]

§ 1213. Presumption of knowledge of director

A director of an insurer is deemed to have such knowledge of its affairs as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of any provision of this chapter. If present at a meeting of directors at which any act, proceeding, or omission of its directors […]

§ 1214. Rebating

(a) Except to the extent provided for in an applicable filing with the Commissioner then in effect, no insurer, general agent, agent, broker, or solicitor shall, as an inducement to insurance, or after insurance has been effected, directly or indirectly, offer, promise, allow, give, set off, or pay to the insured or to any employee […]

§ 1215. Illegal inducements

(a) No insurer, general agent, agent, broker, solicitor, or other person shall, as an inducement to insurance, or in connection with any insurance transaction, provide in any policy for, or offer, or sell, buy, or offer or promise to buy or give, or promise, or allow to the insured or prospective insured or to any […]

§ 1217. Rebating, license revocation

The Commissioner shall revoke the certificates of authority or licenses of any insurer, general agent, agent, broker, or solicitor guilty of violating any provision contained in sections 1214 and 1215 of this title. No such insurer, general agent, agent, broker, or solicitor shall, following any such revocation, be eligible for a certificate of authority or […]

§ 1218. Rebate, acceptance prohibited

(a) No insured person shall receive or accept, directly or indirectly, any rebate of premium or part thereof, or any favor, advantage, share in dividends, or other benefit, or any valuable consideration or inducement not specified or provided for in the policy, or any commission on any insurance policy to which he is not lawfully […]

§ 1219. Twisting prohibited

No person shall by misrepresentation or by misleading comparisons, induce or tend to induce any insured to lapse, terminate, forfeit, surrender, retain, or convert any insurance policy.

§ 1220. Illegal dealing in premiums

(a) No person shall wilfully collect any sum as premium for insurance, which insurance is not then provided or is not in due course to be provided by an insurance policy issued by an insurer as authorized by this title. (b) No person shall wilfully collect as premium for insurance any sum in excess of […]