Title 20, Insurance

On and after January 1, 1961, no person shall make or issue or offer to make or issue any contract of life insurance or of life annuity which provides that any premiums, dividends, excess interest, mortality savings, gains from lapses, loadings, or earnings and accumulations ther…

No casualty or property insurance company, including any subsidiary of any such company, may offer any insurance program in this state to exclusive insurance producers without offering the same insurance program through all of its other authorized insurance producers authorized f…

A. A person shall not commit or perform with such a frequency to indicate as a general business practice any of the following: 1. Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. 2. Failing to acknowledge and act reasonably and prompt…

A. From and after July 15, 1986 any first party claim not paid within thirty days after the receipt of an acceptable proof of loss by the insurer which contains all information necessary for claim adjudication shall be required to pay interest at the legal rate from the date the …

A. It is a fraudulent practice and unlawful for a person to knowingly: 1. Present, cause to be presented or prepare with the knowledge or belief that it will be presented an oral or written statement, including computer generated documents, to or by an insurer, reinsurer, purport…

A. It is an unlawful practice for a person who sells or repairs auto glass to knowingly: 1. Submit a false claim to an insurer for auto glass repair or replacement or for related services: (a) If the services were not provided. (b) Showing work performed in a geographical area th…

A. If a vehicle is equipped with an advanced driver assistance system, an auto glass repair or replacement facility that conducts glass repair, replacement or recalibration shall inform the customer both: 1. If a recalibration of that system is required. 2. If a recalibration of …

A. If an insured assigns to a health care provider performing services covered by the contract payment for benefits under a disability insurance contract, a group disability insurance contract or a blanket disability insurance contract, the contract does not prohibit assignments …

A. An insurance producer shall not charge or receive any fee or service charge in addition to the premium in connection with the transaction of insurance, unless both of the following apply: 1. The fee or service charge and the specific services for which it is charged are disclo…

A. The fraud unit is established in the department of insurance and financial institutions. The director of the department of insurance and financial institutions shall appoint an individual to operate the fraud unit in conjunction with operating the automobile theft authority es…

A person who violates section 20-463 or 20-463.01 with the intent to injure, defraud or deceive an insurer is guilty of a class 6 felony.

A. On request by the director, the attorney general may seek and obtain in an action in the superior court an injunction that prohibits a person from engaging in practices or doing any acts that violate section 20-463, 20-463.01 or 23-1028. The court may enter any order or judgme…

A. The claims forms provided by an insurer to an insured or any other person for filing a notice or making a claim in connection with a policy or contract issued by the insurer shall include in substance the following statement in at least twelve point type: "For your protection …

A. The director shall forward to the appropriate licensing agency the name of any person who is convicted of, enjoined from or penalized for violating section 20-463 or 23-1028. The director shall include any information the director believes is material to the case. B. A person …

The fraud unit assessment fund is established consisting of monies deposited pursuant to section 20-466, subsection J. Monies in the fund are continuously appropriated. The department shall administer the fund for administering and operating the fraud unit established by section …

All insurers and insurance producers shall comply with the requirements prescribed in sections 6-1415 and 6-1416. In addition to any penalty provided by law, any insurer or insurance producer who fails to comply with the requirements prescribed in sections 6-1415 and 6-1416 is su…

A. For repair facilities other than glass repair facilities and subject to the rights of an insurer to receive notice of loss or claim consistent with the provisions of its policy, a person in this state has the right to choose any repair facility for the repair of a motor vehicl…

Unless otherwise prescribed by contract, a person in this state has the right to choose any glass repair facility for the repair of a loss relating to motor vehicle glass. If an insurer recommends or provides information about a glass repair facility, the insurer shall inform the…

A. If a third party administrator recommends or provides information about a glass repair facility to a customer, the third party administrator shall inform the person of the person's right prescribed in section 20-469 to choose any glass repair facility for the repair of the los…

A. "Insurance service charge" means any charge, other than the insurance premium, for the service of placing, renewing, approving or recording on the records and accounts of any mortgagee, vendor, holder or lender any substitution of insurers or change in insurance on the collate…

It is unlawful for a mortgagee to require the payment of any insurance service charge for services performed in changing of the mortgagee's records and accounts with regard to a change in ownership of the insured property held as security by the mortgagee and with regard to which…

Whenever the mortgagee or a person acting for the mortgagee, by the terms of the mortgage agreement retains possession of the original policy of insurance insuring collateral security for a mortgage, and the mortgagee or his agent has procured the issuance of the insurance, then …

When a mortgagee or his agent at the inception of the mortgage procures the issuance of insurance for the mortgagor then the mortgagor may substitute a replacement policy within one year after the inception of the original policy procured by the mortgagee and it shall be unlawful…

Nothing in this article shall prevent a mortgagee, lender, vendor, or holder from requiring insurance on the collateral security for a loan or exercising a reasonable privilege of approval or disapproval of the insurance provided for such purpose by the borrower, mortgagor or pur…

When a real property mortgage or a lending agreement in connection with a loan on real property provides that the mortgagor or borrower shall furnish insurance upon the mortgaged property, the mortgagee, assignee or creditor shall not disclose expiration dates or other policy inf…

Intentional violation of this article is a petty offense.

In this article, unless the context otherwise requires: 1. "Affiliate" or person "affiliated" with a specific person means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the person specified. 2.…

A. Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries subject to the limitations of this article. Such subsidiaries may conduct any kind of business or businesses and the authority to do so shall not…

A. No person other than the issuer shall make a tender for or a request or invitation for tenders of a voting security of a domestic insurer or enter into any agreement to exchange securities or seek to acquire in the open market or in any other place any voting security of a dom…

A. The statement to be filed with the director as provided in section 20-481.02 shall be made under oath or affirmation and shall contain the following: 1. The name and address of each person by whom or on whose behalf the tender offer, merger or other acquisition of control refe…

A. If the person required to file the statement referred to in section 20-481.02 is a partnership, limited partnership, syndicate or other group, the director may require that the information required pursuant to section 20-481.03 shall be given with respect to each partner of su…

If any material change occurs in the facts set forth in the statement filed with the director and sent to such insurer pursuant to sections 20-481.02 and 20-481.03, an amendment setting forth such change, together with copies of all documents and other material relevant to such c…

If any offer, request, invitation, agreement or acquisition referred to in section 20-481.02 is proposed to be made by means of a registration statement under the securities act of 1933 or in circumstances requiring the disclosure of similar information under the securities excha…

A. The director shall approve any merger or other acquisition of control described in section 20-481.02 unless the director finds that: 1. The merger or other acquisition of control: (a) Is contrary to law. (b) Is inequitable to the shareholders of any domestic insurer involved. …

Any person who is not a resident, domiciled in this state, or authorized to do business in this state and who files a statement as required by section 20-481.02 shall be deemed to have: 1. Consented to the jurisdiction of the courts of this state for all actions arising under thi…

A. Every insurer that is authorized to do business in this state and that is a member of an insurance holding company system shall register with the director, except a foreign insurer subject to registration requirements and standards adopted by statute or regulation in the juris…

A. Every insurer subject to registration shall file a registration statement on a form provided by the director, which shall contain current information concerning: 1. The capital structure, general financial condition, ownership and management of the insurer and identity of any …

A. No information need be disclosed on the registration statement filed under section 20-481.10 if such information is not material. B. Unless otherwise prescribed by the director, sales, purchases, exchanges, loans or extensions of credit, or investments, involving one-half of o…

A. Transactions within an insurance holding company system to which an insurer subject to registration is a party are subject to the following standards: 1. The terms are fair and reasonable. 2. Agreements for cost sharing or management services and management must include provis…

A. Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the director within fifteen days after the end of each month in which it learns of ea…

The director shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system.

The director may require or allow two or more affiliated insurers subject to registration to file a consolidated registration statement or consolidated reports amending their consolidated registration statement or their individual registration statements.

The director may allow an insurer which is authorized to do business in this state and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under section 20-481.09 and to file all information and materi…

The provisions of sections 20-481.09 to 20-481.16, inclusive, relating to registration, shall not apply to any insurer, information or transaction if and to the extent that the director by rule, regulation or order shall exempt the insurer, information or transaction.

A. Any person may file with the director a disclaimer of affiliation or control with any authorized insurer or such a disclaimer may be filed by such insurer or any member of an insurance holding company system. B. The disclaimer shall fully disclose all material relationships an…

A. No insurer subject to registration under section 20-481.09 shall pay an extraordinary dividend or make any other extraordinary distribution to its shareholders until thirty days after the director has received notice of the declaration thereof and has not within such period di…