Title 33, Chapter 6, Section 5
( 33-6-5)
In addition to Code Section 33-6-4, violations of the following provisions also are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) No insurance company shall issue or cause to be issued any
policy of insurance of any type or description upon life or
property, real or personal, whenever such policy of insurance is
to be furnished or delivered to the purchaser or bailee of any
property, real or personal, as an inducement to purchase or bail
such property, real or personal; and no other person shall
advertise, offer, or give free insurance or insurance without cost
or for less than the approved or customary rate in connection with
the sale or bailment of real or personal property, except as
provided in Chapter 27 of this title; (2) No person who is not an insurer shall assume or use any name
which deceptively implies or suggests that he or she is an
insurer; (3) Where the premium or charge for insurance of or involving real or personal property or merchandise is included in the overall purchase price or financing of the purchase of merchandise or property, the vendor or lender shall separately state and identify the amount charged and to be paid for the insurance and the classifications, if any, upon which based; and the inclusion or exclusion of the cost of insurance in such purchase price or financing shall not increase, reduce, or otherwise affect any other factor involved in the cost of the merchandise or property or financing as to the purchaser or borrower. A vendor or lender shall not be prohibited from charging the purchaser or borrower a finance charge otherwise permitted by law on any premium or charge for insurance included in the cost of the merchandise or property or financing. This paragraph shall not apply to credit life or credit accident and sickness insurance which is in compliance with Code Section 33-31-7; (4)(A) No insurer shall make, offer to make, or permit any
preference or distinction in property, marine, casualty, or
surety insurance as to form of policy, certificate, premium,
rate, or conditions of insurance based upon membership,
nonmembership, or employment of any person or persons by or in
any particular group, association, corporation, or organization,
making the foregoing preference or distinction available in any
event based upon any fictitious grouping of persons. (B) As used in this paragraph, the term "fictitious grouping"
means any grouping by way of membership, nonmembership, license,
franchise, employment contract, agreement, or any other method
or means resulting in unfair discrimination. (C) The restrictions and limitations of this paragraph shall not
extend to life or accident and sickness insurance; nor shall
they apply to any bona fide association group which is composed
of members engaged in a common trade, business, or profession
and which has had group insurance of the same type continuously
in existence for at least five years immediately preceding March
8, 1960;
(5) No insurer or agent thereof shall hypothecate, sell, or
dispose of a promissory note received in payment of any part of a
premium on a policy of insurance applied for prior to acceptance
of the risk by the insurer; (6)(A) No person shall knowingly collect any sum as premium or
charge for insurance, which insurance is not then provided or
not in due course to be provided subject to acceptance of the
risk by the insurer by an insurance policy issued by an insurer
as permitted by this title. (B) No person shall knowingly collect as premium or charge for
insurance any sum in excess of or less than the premium or
charge applicable to such insurance, which sum is specified in
the policy in accordance with the applicable classifications and
rates as filed with and approved by the Commissioner. In cases
where classifications, premiums, or rates are not required by
this title to be filed and approved: (i) The premiums and charges for insurance, except insurance
written in accordance with Chapter 5 of this title, shall not
be in excess of or less than those specified in the policy and
as fixed by the insurer; and (ii) The premiums and charges for insurance written in
accordance with Chapter 5 of this title shall not be in excess
of or less than those specified in the policy. This subparagraph shall not be deemed to prohibit surplus lines
brokers licensed under Chapter 5 of this title from charging and
collecting the amount of applicable state and federal taxes in
addition to the premium required by the insurer; nor shall it be
deemed to prohibit a life or accident and sickness insurer from
charging and collecting amounts actually to be expended for
medical examination of an applicant for life or accident and
sickness insurance or for reinstatement of a life or accident
and sickness insurance policy. (C) Notwithstanding this paragraph or any other law limiting or regulating interest rates or other charges, any insurance agent or agency, as defined in Code Section 33-23-1, shall be authorized but not required to charge, receive, and collect on any unpaid premium account with a balance owing for 30 days or more a service charge which shall not exceed 15¢ per $10.00 per month computed on all amounts unpaid on the premium from month to month which need not be a calendar month or other regular period; provided, however, that, if the amount of service charge so computed shall be less than $1.00 for the month, a service charge of $1.00 for the month may be charged, received, and collected. Nothing contained in this subparagraph shall be construed to prevent an agent, agency, or broker from canceling a policy in accordance with the laws of this state; (7)(A) Any insurer may retain, invest in, or acquire the whole
or any part of the capital stock of any other insurer or
insurers or have a common management with any other insurer or
insurers, unless such retention, investment, acquisition, or
common management is inconsistent with any other provision of
this title or unless, by reason thereof, the business of such
insurers with the public is conducted in a manner which
substantially lessens competition generally in the insurance
business or tends to create a monopoly therein. (B) Any person otherwise qualified may be a director of two or
more insurers which are competitors, unless the effect thereof
is to lessen substantially competition between insurers
generally or tends materially to create a monopoly; (8) No insurance company shall cancel, modify coverage, refuse to
issue, or refuse to renew any property or casualty insurance
policy solely because the applicant or insured or any employee of
either is mentally or physically impaired, provided that this
paragraph shall not apply to accident and sickness insurance
policies sold by a casualty insurer; provided, further, that this
paragraph shall not be interpreted to modify any other provision
of this title relating to the cancellation, modification,
issuance, or renewal of any insurance policy or contract; (9) No insurance company, when selling salvage motor vehicles,
major component parts, or parts, shall sell directly to a used
motor vehicle parts dealer, motor vehicle dismantler, motor
vehicle rebuilder, salvage pool dealer, or salvage dealer who is
not licensed under Chapter 47 of Title 43; provided, however, this
paragraph shall not prevent an insurance company from selling
salvage motor vehicles, major component parts, or parts to any
person, firm, or corporation when the sale is made through a used
motor vehicle parts dealer, motor vehicle dismantler, motor
vehicle rebuilder, salvage pool dealer, or salvage dealer who is
licensed under Chapter 47 of Title 43; (10) No insurer shall refuse to insure an individual, refuse to
continue to insure an individual, limit the amount, extent, or
kind of coverage available to an individual, or charge an
individual a different rate for coverage solely because the
individual is blind or partially blind; (11) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 30 days of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title; (12) No insurer shall cancel an entire line or class of business
unless the insurer demonstrates to the satisfaction of the
Commissioner that continuation of such business would violate the
provisions of this title or would be hazardous to its
policyholders or the public; (13)(A) As used in this paragraph, the term: (i) "Aftermarket crash part" means 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. (ii) "Insurer" includes an insurance company and any person
authorized to represent the insurer with respect to a claim
and who is acting within the scope of the person's authority.
(iii) "Nonoriginal equipment manufacturer aftermarket crash
part" means an aftermarket crash part made by any manufacturer
other than the original vehicle manufacturer or his or her
supplier. (iv) "Repair facility" means a motor vehicle dealer, garage,
body shop, or other commercial entity which undertakes the
repair or replacement of those parts that generally constitute
the exterior of a motor vehicle. (B) Any aftermarket crash part manufactured or supplied for use
in this state on or after January 1, 1990, shall have affixed
thereto or inscribed thereon the logo, identification number, or
name of its manufacturer. Such manufacturer's logo,
identification number, or name shall be visible after
installation whenever practicable. (C) In all instances where nonoriginal equipment manufacturer
aftermarket crash parts are used in preparing an estimate for
repairs the written estimate prepared by the insurance adjuster
and repair facility shall clearly identify each such part. A
disclosure document attached to the estimate shall contain the
following information in no smaller than ten-point type: "THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF
AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE
MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH
PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED
BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN
THE MANUFACTURER OF YOUR VEHICLE."; and (14) On and after July 1, 1992, no insurer, as defined in paragraph (4) of Code Section 33-1-2, shall issue, cause to be issued, renew, or provide coverage under any major medical insurance policy or plan containing a calendar year deductible or similar plan benefit period deductible which does not provide for a carry-over of the application of such deductible as provided in this paragraph. If all or any portion of an insured's or member's cash deductible for a calendar year or similar plan benefit period is applied against covered expenses incurred by the insured or member during the last three months of the deductible accumulation period, the insured's or member's cash deductible for the next ensuing calendar year or similar benefit plan period shall be reduced by the amount so applied. The provisions of this paragraph shall apply to major medical insurance policies or plans which have a benefit plan period of less than 24 months. |