Title 58, INSURANCE

Upon a complaint alleging a violation of any provision of §§ 58-33-59 to 58-33-65 , inclusive, filed by a person with the Division of Insurance within sixty days after the cancellation date of the policy, the director of the Division of Insurance shall determine if the complaint …

If the director of the Division of Insurance determines in a final order that the insurer has violated any provision of §§ 58-33-59 to 58-33-65 , inclusive, the director shall require the insurer to reinstate insurance coverage to the end of the policy period. The director may al…

Except for knowingly supplying false information, there is no liability on the part of and no cause of action arises against the following persons for any communication giving notice of or specifying the reasons for a cancellation or for any statement made in connection with an a…

Sections 58-33-59 to 58-33-64 , inclusive, do not apply to the cancellation of automobile policies or coverages, as defined in § 58-11-45 . Source: SL 1985, ch 392 , § 7; SL 1988, ch 408 .

Nothing contained in §§ 58-33-59 to 58-33-65 , inclusive, may grant, or be construed to grant, any private remedy or right of action. Source: SL 1986, ch 421 , § 2.

Unfair or deceptive acts or practices in the business of insurance include the following: (1) Failing to respond to an inquiry from or failing to supply documents requested by the Division of Insurance within twenty days of receipt of such inquiry or request; (2) Knowingly supply…

In dealing with the insured or representative of the insured, unfair or deceptive acts or practices in the business of insurance include, but are not limited to, the following: (1) Failing to acknowledge and act within thirty days upon communications with respect to claims arisin…

The Division of Insurance, in interpreting and enforcing §§ 58-33-66 and 58-33-67 , shall consider all pertinent facts and circumstances to determine the severity and appropriateness of action to be taken in regard to any violation of §§ 58-33-66 to 58-33-69 , inclusive, includin…

Nothing in §§ 58-33-66 to 58-33-69 , inclusive, grants a private right of action. Source: SL 1986, ch 422 , § 4.

No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false, or maliciously cri…

Terms used in § 58-33-71 mean: (1) "Aftermarket crash part," a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels; (2) "Installer," an individual who actually does the …

No insurer may specify the use of non - OEM aftermarket crash parts in the repair of an insured's motor vehicle, nor may a repair facility or installer use non - OEM aftermarket parts to repair a vehicle, unless the consumer is advised in writing. In all instances where non - OEM…

Nothing in this chapter prohibits a licensed insurer or its officers or employees or an insurance producer from giving to insureds, prospective insureds, or others for advertising purposes or promotional programs, any article of merchandise having an invoice value of not more tha…

Terms used in §§ 58-33-76 to 58-33-82 , inclusive, mean: (1) "Authorized agency," the Department of Labor and Regulation, the attorney general, any state's attorney, any duly constituted criminal investigative department or agency of the United States, and any county or municipal…

An insurer, or any person authorized to act on its behalf, which reasonably believes that a false or fraudulent claim, statement, or representation has occurred, may notify an authorized agency and provide it with all relevant information in its possession. Source: SL 1993, ch 36…

Upon request by an insurer to an authorized agency or by an authorized agency to an insurer, each may provide to the other, directly or through any person authorized to act on its behalf, all information relevant to any suspected false or fraudulent claim, statement, or represent…

An authorized agency accepting information from an insurer pursuant to §§ 58-33-76 and 58-33-77 shall provide within thirty days of a written request therefor any information in its possession or control relevant to the suspected false or fraudulent claim, statement, or represent…

Any insurer, authorized agency, or person authorized to act on their behalf, acting without bad faith or malice, who provides or receives information pursuant to §§ 58-33-76 and 58-33-77 is not subject to criminal prosecution, civil penalty, or civil liability therefor, except in…

No person shall make or issue, or cause to be made or issued, any written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in any policy for the purpose of inducing or attempting or tending to induce a policyhol…

Any person acting without malice who provides information to, cooperates with or testifies pursuant to a subpoena for an authorized agency, an insurer, the National Association of Insurance Commissioners or any not - for - profit organization established to detect and prevent fra…

Notwithstanding the provisions of §§ 58-33-76 to 58-33-77 , inclusive, the authorized agency shall notify in writing, the policyholder of any request for information. Source: SL 1993, ch 368 , § 7.

Any authorized agency or insurer which receives any information furnished pursuant to §§ 58-33-75 to 58-33-81 , inclusive, shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. Any authorized agency, or its…

If any life insurance policy or health insurance policy is canceled before its renewal date or expiration date, other than by the death of the insured, and the insured has paid premiums in advance on the policy, the insurer shall refund to the owner of the policy the unearned por…

If any life insurance policy or health insurance policy is canceled before its renewal date or expiration date because of the death of the insured and the premiums have been paid in advance on the policy, the insurer shall refund the unearned portion of the premiums paid beyond t…

Any insurer subject to this chapter, including any group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, as amended to January 1, 1994, who are engaged in the business of health insurance is prohibited from denying enrollment of a…

Any insurer subject to this chapter who is engaged in the business of health insurance is prohibited from using information pertaining to medical assistance eligibility under Title XIX of the Social Security Act as amended to January 1, 1994, or any other state's equivalent medic…

Any insurer subject to this chapter who is engaged in the business of health insurance shall provide that payment for benefits with respect to any participant who receives benefits from the Department of Social Services medical assistance program under Title XIX of the Social Sec…

Any insurer subject to this chapter who is engaged in the business of health insurance is required in any case in which a dependent child has health insurance coverage through the insurer of the noncustodial parent to provide all information to the custodial parent as may be nece…

The Division of Insurance shall regularly report to the National Association of Insurance Commissioners regarding its regulatory activities and its complaint handling. The reports shall include information on all disciplinary actions taken and all consumer complaints received. In…

No persons shall make any false entry in any book, report, or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to repor…

No insurance producer may offer or sell any security in this state unless the insurance producer is properly registered or exempt from registration pursuant to chapter 47-31B . Source: SL 2001, ch 287 , § 1; SL 2004, ch 278 , § 67.

No insurance producer may offer or sell any security in this state unless the security is registered or exempt from registration pursuant to chapter 47-31B . Source: SL 2001, ch 287 , § 2; SL 2004, ch 278 , § 68.

No insurance producer may offer or sell any business opportunity in this state unless the business opportunity is registered or exempt from registration under chapter 37-25A . Source: SL 2001, ch 287 , § 3.

Terms used in §§ 58-33-93 to 58-33-116 , inclusive, mean: (1) "Admitted insurer," an insurer licensed to do an insurance business in this state including an entity authorized pursuant to § 58-18-88 , a health maintenance organization or nonprofit hospital, or medical service corp…

For purposes of §§ 58-33-93 to 58-33-116 , inclusive, any of the following acts in this state effected by mail or otherwise by a nonadmitted insurer or by any person acting with the actual or apparent authority of the insurer, on behalf of the insurer, constitutes the transaction…

For the purposes of §§ 58-33-93 to 58-33-116 , inclusive, the term, transacting of insurance, includes: (1) Issuing a stop loss policy covering an employer located in this state. Stop loss policy coverage of an employer for claims incurred under the employer's self-funded health …

For the purposes of §§ 58-33-93 to 58-33-116 , inclusive, the term, unauthorized health insurance, means health insurance offered by a nonadmitted insurer except to the extent the laws of this state allow the coverage to be offered by a nonadmitted insurer licensed in another sta…

Unauthorized health insurance does not include: (1) Health care benefits or coverage under an employee welfare benefit plan of the employees of two or more employers (including one or more self-employed individuals), that is established or maintained under or pursuant to a collec…

A licensee shall notify the division MEWA contact if the licensee knows a product is, or is about to be, offered to the public in this state, and the licensee, based on the information known to the licensee, reasonably should know the product is unauthorized health insurance. A l…

Circumstances where a licensee reasonably should know that a product is unauthorized health insurance include the following: (1) The licensee knows that the product is represented to be a self-funded plan and that it is offered widely to the multiple employers or generally to ind…