Title 58, INSURANCE

Sections 58-33-117 to 58-33-130 , inclusive, do not apply to solicitations or sales involving: (1) Credit insurance; (2) Group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or…

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 payable thereon, or in any other of the te…

It is an unfair or discriminatory practice for an insurance company to terminate, or to modify coverage or to refuse to issue or refuse to renew any life policy or contract of life insurance solely because the applicant or insured or any employee of either is blind or partially b…

Nothing in §§ 58-33-117 to 58-33-130 , inclusive, abrogates the ability of nonprofit organizations or other organizations to educate members of the armed forces of the United States in accordance with Department of Defense DoD Instruction 1344.07--PERSONAL COMMERCIAL SOLICITATION…

For purposes of §§ 58-33-117 to 58-33-130 , inclusive, general advertisements, direct mail and internet marketing does not constitute solicitation. Telephone marketing does not constitute solicitation if the caller explicitly and conspicuously discloses that the product concerned…

The following acts or practices, if committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance, are declared to be false, misleading, deceptive, or unfair: (1) Knowingly soliciting the purcha…

The following acts or practices, if committed on a military installation by an insurer or insurance producer, constitute corrupt practices or improper influences or inducements and are declared to be false, misleading, deceptive, or unfair: (1) Using Department of Defense personn…

The following acts or practices by an insurer or insurance producer constitute corrupt practices or improper influences or inducements and are declared to be false, misleading, deceptive, or unfair: (1) Submitting, processing, or assisting in the submission or processing of any a…

The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair: (1) Making any representation, or using any device, title, descriptive name or identifier that has the tendency or capacity to confuse or mislead a serv…

The following acts or practices by an insurer or insurance producer are declared to be false, misleading, deceptive, or unfair: (1) Using or describing the credited interest rate on a life insurance policy in a manner that implies that the credited interest rate is a net return o…

The following acts or practices by an insurer or insurance producer regarding Servicemembers' Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI) are declared to be false, misleading, deceptive, or unfair: (1) Making any representation regarding the availability,…

The following acts or practices by an insurer and or insurance producer regarding disclosure are declared to be false, misleading, deceptive, or unfair: (1) Deploying, using, or contracting for any lead-generating materials designed exclusively for use with service members that d…

The following acts or practices by an insurer or insurance producer with respect to the sale of certain life insurance products are declared to be false, misleading, deceptive, or unfair: (1) Excluding individually issued annuities, recommending the purchase of any life insurance…

No person may make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any …

An insurance contract may not be denied to an insured or prospective insured on the basis of his or her sex or marital status. The amount of benefits payable, or any term, conditions, or type of coverage shall not be restricted, modified, excluded, or reduced on the basis of the …

When used in this section and § 58-33-13.1 : (1) "Contract" means any insurance policy, plan, or binder, including any rider or endorsement thereto offered by an insurer; (2) "Insurer" means any insurance company, association, reciprocal or inter - insurance exchange, nonprofit h…

No insurer may ask any questions about an individual's status as a victim of domestic violence for the purposes of offering, selling, or renewing coverage; limiting coverage; or charging a rate different from that normally charged for the same coverage under any life or health in…

The director may, by rules promulgated pursuant to chapter 1-26 , adopt: (1) Revisions of the Internal Revenue Code and the regulations promulgated pursuant thereto which are in substantial compliance with the intent of subdivisions 58-33-119(6) and (7); (2) Revisions of the Empl…

For purposes of §§ 58-33-132 to 58-33-134 , inclusive, the term, employer insurance assistance program, means a service, which is directly related to insurance purchased by an employer, that enhances that employer's ability to purchase insurance or assists in the administration o…

Nothing in § 58-33-14 or 58-33-24 may be construed to prohibit the offering of an employer insurance assistance program by an insurance agent or an insurer to an employer if the employer insurance assistance program complies with §§ 58-33-133 and 58-33-134 . Source: SL 2009, ch 2…

No employer insurance assistance program may be offered by an agent unless the program is specified in writing to the employer. The employer assistance program may not consist of any monetary payments made to the employer or made on behalf of the employer for the purchase of insu…

The director may promulgate rules pursuant to chapter 1-26 to establish standards for employer insurance assistance programs consistent with the provisions of §§ 58-33-131 to 58-33-133 , inclusive. The rules shall be limited to: (1) Definition of terms; (2) Employer insurance ass…

The following acts or practices by a pharmacy benefits manager are declared to be misleading, deceptive, or unfair: (1) Prohibiting a pharmacist or pharmacy from providing cost-sharing information regarding the amount that a covered individual may pay for a particular prescriptio…

Nothing in this chapter may be construed as including within the definition of discrimination or rebates, the offer or provision by insurers or producers, by or through employees, affiliates, or third-party representatives, of value-added products or services at no or reduced cos…

If an insurer or producer does not have sufficient evidence but has a good faith belief that the value-added product or service meets the criteria in subdivisions 58-33-136 (2) and (5), the insurer or producer may provide the product or service in a manner that is not unfairly di…

An insurer or producer may conduct raffles or drawings to the extent permitted by state law as long as there is no financial cost to entrants to participate, the drawing or raffle does not obligate participants to purchase insurance, the prizes are not valued in excess of a reaso…

An insurer, producer, or representative of an insurer or a producer, may not offer or provide insurance as an inducement to the purchase of another policy or otherwise use the word, free, or the phrase, no cost, or words and phrases of a similar meaning, in any advertisement. Sou…

Except as otherwise provided by law, no person shall knowingly permit or offer to make or make any contract of life insurance, life annuity or health insurance, or agreement as to such contract other than is plainly expressed in the contract issued thereon, or pay or allow, or gi…

The director shall promulgate rules pursuant to chapter 1-26 regarding the permitted practices in §§ 58-33-136 to 58-33-139 , inclusive, to ensure consumer protection, consumer data protections and privacy, consumer disclosure, standard forms, definition of terms, and to prevent …

No insurer may, directly or indirectly through its insurance producers or representatives, participate in any plan to offer or effect any kind or kinds of life insurance, health insurance, property insurance, casualty insurance, surety insurance, or annuities in this state as an …

Section 58-33-15 shall not apply to insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction, or insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the de…

Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, in the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of su…

Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, in the case of life insurance and health insurance policies issued on the industrial debit, preauthorized check, bank draft, or similar plans, making allowance …

Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, readjustment of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent p…

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. Violation of this section is a Cla…

Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, reduction of premium rate for policies of large amount but not exceeding savings in issuance and administration expenses reasonably attributable to such policie…

Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuing life or health insurance policies or annuity contracts on a salary savings or payroll deduction plan or other distribution plan at reduced rate reasonab…

Nothing in §§ 58-33-14 and 58-33-15 shall be construed as including within the definition of discrimination or rebates, issuance of health insurance policies which provide for increases in benefits to policyholders who maintain their policies continuously in force without lapse f…

All life insurance benefits shall be paid in cash to the beneficiary. No insurer engaged in the business of life insurance shall contract to pay or pay such insurance benefits to any funeral director, undertaker, or undertaking business. Violation of this section is a Class 2 mis…

No insurer or any employee or representative thereof, and no insurance producer may 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, discount, abatement, credit, or reduct…

No insured named in a policy, nor any employee of such insured shall knowingly receive or accept directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement. Violation…

No insurer shall make or permit any unfair discrimination between insureds or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions o…

Nothing in §§ 58-33-24 to 58-33-26 , inclusive, prohibits the payment of commissions or other compensation to duly licensed insurance producers, or prohibits any insurer from allowing or returning to its participating policyholders, members or subscribers, lawful dividends, savin…

The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance, viz: The commission of any one or more of the acts prohibited by §§ 58-33-4 to 58-33-37 , inclusive. Source: SL 1966, ch 111 , ch 13, § 3.

Sections 58-33-24 to 58-33-27 , inclusive, do not apply to life insurance, health insurance, or annuity contracts. Source: SL 1966, ch 111 , ch 13, §§ 16 (5), 21 (3); SL 1979, ch 341 , § 8.

No person may require as a condition precedent to loaning money upon the security of any real or personal property, or to the renewal or extension of any loan or mortgage, or to the selling of any property under contract, that the owner of the property to whom the money is to be …