Title 26.1, Insurance

1. The commissioner may adopt rules implementing this chapter and regulating the activities and relationships of providers, brokers, and insurers and their agents. 2. The commissioner may establish standards for evaluating reasonableness of a payment under a life settlement contr…

1. It is unlawful for any person to: a. Enter a life settlement contract if such person knows or reasonably should have known that the life insurance policy was obtained by means of a false, deceptive, or misleading application for such policy; b. Engage in any transaction, pract…

1. a. A person may not commit a fraudulent life settlement act. b. A person may not knowingly and intentionally interfere with the enforcement of the provisions of this chapter or investigations of suspected or actual violations of this chapter. c. A person in the business of lif…

1. In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction in the county where the person resides or has …

1. It is a violation of this chapter for any person, provider, broker, or any other party related to the business of life settlements to commit a fraudulent life settlement act. 2. For criminal liability purposes, a person that commits a fraudulent life settlement act is guilty o…

A violation of this chapter is considered an unfair trade practice pursuant to state law and subject to the penalties provided by state law.

A domestic or foreign corporation organized and operated exclusively as, or for the purpose of aiding, an educational, religious, charitable, scientific, or philanthropic institution and which is organized as a nonprofit organization without profit to any person, may apply to the…

The commissioner shall issue a certificate of exemption if: 1. All requirements of this chapter have been met; and 2. The commissioner is satisfied that the corporation is in a position to competently execute its responsibilities relative to such annuity contracts.

1. Every corporation possessing a certificate of exemption shall maintain a segregated account for all of its gift annuity liabilities. 2. The assets of the segregated account are not liable for any debts of the corporation other than those incurred pursuant to this chapter. 3. T…

Each charitable annuity contract or policy form used or issued by the corporation must include at least the following information: 1. The value of the property to be transferred; 2. The amount of the periodic annuity benefits to be paid; 3. The manner in which and the intervals a…

The commissioner may require that a corporation possessing a certificate of exemption submit periodically any report the commissioner determines to be desirable or necessary to ascertain compliance with requirements of this chapter. The commissioner, whenever the commissioner det…

The commissioner may refuse to grant, or may revoke or suspend, a certificate of exemption if the commissioner finds that the corporation does not meet or continue to meet the requirements of this chapter or that the corporation has violated this chapter or chapter 26.1-04.

Except as prescribed in this chapter, the corporation is otherwise exempt from the provisions of this code and other insurance laws.

Unless otherwise specifically included, this chapter does not apply to recommendations involving: 1. Direct response solicitations if there is no recommendation based on information collected from the consumer pursuant to this chapter; and 2. Contracts used to fund: a. An employe…

This chapter applies to a sale or recommendation of an annuity. This chapter may not be construed to create or imply a private cause of action for a violation of this chapter or to subject a producer to civil liability under the best interest standard of care outlined in section …

1. "Annuity" means an annuity that is an insurance product under state law which is individually solicited, whether the product is classified as an individual or group annuity. 2. "Cash compensation" means a discount, concession, fee, service fee, commission, sales charge, loan, …

1. A producer, if making a recommendation of an annuity, shall act in the best interest of the consumer under the circumstances known at the time the recommendation is made, without placing the producer's or the insurer's financial interest ahead of the consumer's interest. A pro…

1. A producer may not solicit the sale of an annuity product unless the producer has adequate knowledge of the product to recommend the annuity and the producer is in compliance with the insurer's standards for product training. A producer may rely on insurer-provided product-spe…

1. An insurer is responsible for compliance with this chapter. If a violation occurs, either because of the action or inaction of the insurer or the insurer's producer, the commissioner may order: a. An insurer to take reasonably appropriate corrective action for any consumer har…

1. Insurers, general agents, independent agencies, and producers shall maintain or be able to make available to the commissioner a record of the information collected from the consumer, disclosures made to the consumer, including summaries of oral disclosures, and other informati…

For purposes of this chapter: 1. "Applicant" means: a. In the case of an individual Medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits. b. In the case of a group Medicare supplement policy or subscriber contract, the propose…

1. The commissioner shall adopt reasonable rules to establish specific standards for provisions of Medicare supplement policies. The standards are in addition to and in accordance with applicable laws of this state, and may include coverage of: a. Terms of renewability. b. Initia…

The commissioner may adopt rules to establish standards for benefits, standard policies and optional benefit riders, claims payments, abusive marketing practices and compensation arrangements, and reporting practices for Medicare supplement policies.

Medicare supplement policies must return benefits to individual policyholders in the aggregate of not less than sixty-five percent of premium received. The commissioner shall adopt rules to establish minimum standards for Medicare supplement policy loss ratios on the basis of inc…

1. To provide for full and fair disclosure in the sale of Medicare supplement policies, no Medicare supplement policy or certificate may be delivered or issued for delivery in this state unless an outline of coverage is delivered to the applicant at the time application is made. …

Medicare supplement policies or certificates must have a notice prominently printed on or attached to the first page of the policy stating in substance that the applicant may return the policy or certificate within thirty days of its delivery and have the premium refunded if, aft…

Every insurer, health care service plan, or other entity providing Medicare supplement insurance or benefits in this state shall provide a copy of any Medicare supplement advertisement within ten days after its first use in this state whether through written, radio, or television…

A policy delivered or issued for delivery to any person in this state in violation of this chapter is valid but must be construed as provided in this chapter. When any provision in a policy subject to this chapter is in conflict with this chapter, the rights, duties, and obligati…

Any person willfully violating any provision of this chapter or order of the commissioner made in accordance with this chapter is guilty of a class A misdemeanor. The commissioner may also suspend or revoke the license of an insurer or insurance producer for any such willful viol…

As used in this chapter and section 26.1-36-37.2, unless the context otherwise requires: 1. "Actuarial certification" means a written statement by a member of the American academy of actuaries, or other individual acceptable to the insurance commissioner, that a small employer ca…

1. This chapter and section 26.1-36-37.2 apply to any health benefit plan that provides coverage to the employees of a small employer in this state if: a. Any portion of the premium or benefits is paid by or on behalf of the small employer; b. An eligible employee or dependent is…

1. A small employer carrier may establish a separate class of business only to reflect substantial differences in expected claims experience or administrative costs resulting from: a. The small employer carrier using more than one type of system for the marketing and sale of heal…

1. This section only applies to a health benefit plan offered by a small employer who employed an average of at least two but not more than twenty-five eligible employees on business days during the preceding calendar year and who employs at least two employees on the first day o…

1. A health benefit plan subject to this chapter and section 26.1-36-37.2 must be renewable with respect to all eligible employees and dependents, at the option of the small employer, except for any of the following: a. The plan sponsor has failed to pay premiums or contributions…

1. a. As a condition of transacting business in this state with small employers, every small employer carrier shall actively offer small employers all health benefit plans it actively markets to small employers in this state. b. (1) Subject to subdivision a of subsection 1, a sma…

1. Each small employer carrier shall actively market health benefit plan coverage to eligible small employers in the state. 2. a. A small employer carrier or producer may not engage in the following activities, directly or indirectly: (1) Encouraging or directing small employers …

The commissioner may adopt rules to require small employer carriers, as a condition of transacting business with small employers in this state after August 1, 1993, to reissue a health benefit plan to any small employer whose health benefit plan has been terminated or has not bee…

This chapter applies to all policies issued or renewed after July 31, 1995. The provisions of chapter 26.1-36 apply when not in conflict with this chapter.

As used in this chapter, the definitions in section 26.1-36.3-01 apply, unless the context otherwise requires. In addition: 1. "Insurer" means any insurance company, nonprofit health service organization, fraternal benefit society, or health maintenance organization that provides…

An insurer may impose a pre-existing condition exclusion only if: 1. The exclusion relates to a condition, regardless of the cause of the condition, for which medical diagnosis, care, or treatment was recommended or received within the six-month period ending on the effective dat…

A group policy may not impose a pre-existing condition exclusion that: 1. Relates to pregnancy as a pre-existing condition. 2. Treats genetic information as a pre-existing condition in the absence of a diagnosis of a condition related to such information.

An insurer shall reduce any time period applicable to a pre-existing condition, for a policy by the aggregate of periods the individual was covered by qualifying previous coverage, if the qualifying previous coverage as defined in section 26.1-36.3-01 is continuous until at least…

1. An insurer issuing policies or certificates under this chapter shall provide for the renewability or continuability of coverage unless: a. The individual or group has failed to pay premiums or contributions in accordance with the terms of the health benefit plan or the insurer…

Premium rates for individual policies are subject to the following: 1. For any class of individuals, the premium rates charged during a rating period to the individuals in that class for the same or similar coverage may not vary by a ratio of more than six to one after August 1, …

An insurer shall accept a personal or business check from an employer as a payment method for premium payment for an employee's individual accident and health insurance policy. This section does not apply to groups as defined under chapter 26.1-36.3.

1. Once each calendar year, any employer with fifty-one or more eligible employees, any employer investigating becoming part of a health plan, including a plan sponsored by an association or a multiple employer welfare arrangement, or any employer upon termination of health insur…