Title 58, INSURANCE

No person may willfully collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, and as specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the di…

Any person who knowingly makes any false or fraudulent statement or representation with reference to any application for insurance is guilty of a Class 1 misdemeanor. Any person who knowingly presents or causes to be presented a false or fraudulent claim for the purpose of obtain…

Amounts involved in false claims or applications for insurance committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the offense under § 58-33-37 . Source: SL 1977, ch 416 , § 1.

If the director believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in this chapter, but that such method of competition is unfair or that …

If such report charges a violation of this chapter and if such method of competition, act or practice has not been discontinued, the director may, through the attorney general of this state, at any time after the service of such report cause an action to be instituted to enjoin a…

No person who is not an insurer shall assume or use any name which deceptively infers or suggests that he is an insurer. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 13, § 24; SL 1978, ch 359 , § 2.

If, after a hearing thereon of which notice of the hearing and of the charges against him were given such person, the director of the Division of Insurance finds that any person in this state has engaged or is engaging in any act or practice defined in or prohibited under this ch…

If the director's report made under § 58-33-38 , or order on hearing made under § 58-33-40 does not charge a violation of this chapter, then any intervener in the proceedings may appeal therefrom within the time and in the manner provided in chapter 1-26 . Source: SL 1966, ch 111…

A cease and desist order pursuant to § 58-33-40 shall become final upon expiration of the time allowed for appeals from the director's orders, if no such appeal is taken, or, in event of such an appeal, upon final decision of the court if the court affirms the director's order or…

In the event of such appeal, to the extent that the director's order is affirmed, the court shall issue its own order commanding obedience to the terms of the director's order. Source: SL 1966, ch 111 , ch 13, § 4 (3).

No order of the director pursuant to § 58-33-40 or order of court to enforce it shall in any way relieve or absolve any person affected by such order from any other liability, penalty, or forfeiture under law. Source: SL 1966, ch 111 , ch 13, § 4 (4).

A violation of a desist order authorized by this chapter is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 13, § 4 (5); SL 1978, ch 359 , § 2; SL 1990, ch 158 , § 27.

Sections 58-33-40 to 58-33-45 , inclusive, shall not be deemed to affect or prevent the imposition of any penalty provided by this title or by other law for violation of any other provision of this chapter, whether or not any such hearing is called or held or such desist order is…

Any person who claims to have been damaged by any act or practice declared to be unlawful by this chapter shall be permitted to bring a civil action for the recovery of all actual and consequential damages suffered as a result of such act or practice including reasonable attorney…

The purpose of §§ 58-33-47 to 58-33-57 , inclusive, is to subject to the jurisdiction of the director and to the jurisdiction of the courts of this state insurers not authorized to transact business in this state which place in or send into this state any false advertising design…

When used in §§ 58-33-47 to 58-33-57 , inclusive: (1) "Residents" shall mean and include any person, partnership or corporation, domestic, alien or foreign. (2) "Unfair Trade Practice Act" shall mean §§ 58-33-1 to 58-33-46.1 , inclusive, relating to unfair methods of competition …

No unauthorized foreign or alien insurer of the kind described in § 58-33-47 shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magaz…

No person shall make, issue, circulate, or cause to be made, issued, or circulated, any estimate, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be re…

The director of insurance shall promulgate rules pursuant to chapter 1-26 to promote the proper disclosure of the terms and conditions of life insurance policies and to prohibit the misrepresentation of life insurance policies through the establishment of minimum standards for th…

If after thirty days following the giving of the notice mentioned in § 58-33-49 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this state, and if the director has reason to bel…

Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state; (2) The solicitation of applications for such contracts; (3) The collectio…

Service of a statement of charges and notices under said Unfair Trade Practice Act shall be made by delivering to and leaving with the director or some person in apparent charge of his office, two copies thereof. Service of process issued by any court in any action, suit, or proc…

Service of statement of charges, notices, and process in any such proceeding, action, or suit shall in addition to the manner provided in § 58-33-52 be valid if served upon any person within this state who on behalf of such insurer is: (1) Soliciting insurance; or (2) Making, iss…

Service of process and notice under the provisions of this title shall be in addition to all other methods of service provided by law, and nothing in this chapter shall limit or prohibit the right to serve any statement of charges, notices, or process upon an insurer in any other…

No cease or desist order or judgment by default under §§ 58-33-51 to 58-33-53 , inclusive, shall be entered until the expiration of thirty days from the date of the filing of the affidavit of compliance. Source: SL 1966, ch 111 , ch 13, § 30 (4).

The provisions of §§ 58-33-47 to 58-33-57 , inclusive, shall be liberally construed. Source: SL 1966, ch 111 , ch 13, § 26 (2).

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application, and to this end the …

Sections 58-33-47 to 58-33-57 , inclusive, may be cited as the Unauthorized Insurers False Advertising Process Act. Source: SL 1966, ch 111 , ch 13, § 25.

Terms, used in this section and §§ 58-33-60 to 58-33-65 , inclusive, mean: (1) "Cancellation," termination by the insurer of insurance coverage in whole or in part during the policy term. A policy with no fixed expiration date is considered a policy period or term of one year; (2…

No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular,…

A notice of cancellation of insurance coverage by an insurer shall be mailed or delivered by the insurer to the named insured at least twenty days before the effective cancellation date and shall be accompanied by a written explanation of the specific reasons for the cancellation…

After sixty days from the effective date of policy issuance a notice of cancellation may not be issued unless it is based upon at least one of the following reasons: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation made by or with the knowledge of t…

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…