QuickServe State Laws
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QuickServe State Laws |
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1. Unfair Claims Practices Act
2. Unfair Trade Practices Act
3. Imitation Crash Parts Regulations
4. Anti-Steering Regulations
5. Timely Notification
6. Timely Payment
7. False & Misleading Advertising
8. False Use of Insurer’s Name
9. Total Losses - no law we have found yet.
10. Consumer Sales Practices Acts - no law we have found yet.
11. Consumer Auto Repair Practices Acts - no law we have found yet.
12. Telemarketing laws - no law we have found yet.
13. Home Sales Act - no law we have found yet.
14. Licensing Adjusters - no law we have found yet.
15. Diminished Value - no law we have found yet.
1. Unfair Claims Practices Act
2. Unfair Trade Practices Act
58-33-3. Acts constituting unfair methods of competition and unfair or deceptive practices. 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.
58-33-4. Use of misleading name as misdemeanor. 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.
58-33-5. Misrepresentation or false advertising of policies as misdemeanor. 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 received thereon, or make any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or make any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates, or use any name or title of any policy or class of policies misrepresenting the true nature thereof. Violation of this section is a Class 2 misdemeanor.
58-33-5.1. Rules to promote proper disclosure of terms and conditions of life insurance policies. 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 the advertisement and solicitation of life insurance. The rules shall provide for illustration formats, prescribe standards to be followed when illustrations are used, and specify the disclosures that are required in connection with illustrations. In setting the standards, the director shall consider the models adopted by the National Association of Insurance Commissioners, including the Life Insurance Illustrations Model Regulation.
58-33-6. False information or advertising as misdemeanor. 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, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive, or misleading. Violation of this section is a Class 2 misdemeanor.
58-33-7. Defamation as misdemeanor. 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 critical of or derogatory to the financial condition of an insurer, or of an organization proposing to become an insurer, and which is calculated to injure any person engaged or proposing to engage in the business of insurance. Violation of this section is a Class 2 misdemeanor.
58-33-8. Twisting as misdemeanor. 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 policyholder to lapse, forfeit, surrender, retain, exchange, or convert any insurance policy. Violation of this section is a Class 2 misdemeanor.
58-33-9. False entry with intent to deceive -- Omission of true entry -- Misdemeanor. 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 report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, willfully omit to make a true entry of any material fact pertaining to the business of such insurer in any book, report, or statement of such insurer. Violation of this section is a Class 2 misdemeanor.
58-33-10. False financial statement as misdemeanor. No person shall file with any supervisory or other public official, or make, publish, disseminate, circulate, or deliver to any person, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer with intent to deceive. Violation of this section is a Class 2 misdemeanor.
58-33-11. Stock operations and advisory board contracts as inducement -- Misdemeanor. No person may issue or deliver or permit its insurance producers, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in any common law corporation, or any advisory board contract or other similar contract of any kind promising returns and profits as an inducement to insurance. Any violation of this section is a Class 2 misdemeanor.
58-33-13.1. Sex or marital status discrimination prohibited -- Exceptions. 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 sex or marital status of the insured or prospective insured except to the extent the amount of benefits, term, conditions, or type of coverage vary as a result of the application of rate differentials permitted under this title. However, an insurer may take marital status into account for the purpose of defining persons eligible for dependents benefits. This section shall not affect the right of fraternal benefit societies to determine eligibility requirements for membership. This section shall apply to all contracts delivered or issued for delivery in this state by an insurer on or after July 1, 1980 and to all existing group contracts which are amended on or after July 1, 1980.
58-33-15. Insurance not to be used to induce purchases of commodities or services -- Misdemeanor. 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 inducement to, or in combination with, the purchase by the public of any goods, securities, commodities, services, or subscriptions to periodicals, except upon the payment of a bona fide premium by the insured. Any violation of this section is a Class 2 misdemeanor.
updates>> http://legis.state.sd.us/statutes/Index.cfm?FuseAction=DisplayStatute&FindType=Statute&txtStatute=58-33 (table of contents)
3. Imitation Crash Parts Regulations
58-33-71.
Use of nonoriginal equipment manufacturer's
aftermarket crash parts to repair vehicle -- Consumer to be advised in
writing -- Estimate and disclosure document.
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 aftermarket
crash parts are intended for use by an insurer:
updates>> http://legis.state.sd.us/statutes/Index.cfm?FuseAction=DisplayStatute&FindType=Statute&txtStatute=58-33-71
4. Anti-Steering Regulations
58-33-67.
Unfair or deceptive practices in dealing with insured.
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:
(5) Requiring as a condition of payment of a claim that repairs to any damaged vehicle shall be made by a particular contractor or repair shop;
58-33-72.
Recommending particular automobile glass repair
company prohibited -- Coercion, threat, incentive, or inducement
prohibited.
No insurance company and no insurance producer or
adjuster for such insurance company, that issues or renews in this state any
policy of insurance covering, in whole or in part, any motor vehicle, may
require or recommend that any person insured under that policy use a particular
company or location for the providing of automobile glass replacement or repair
services or products insured in whole or in part by that policy.
58-33-73. List of automobile glass repair companies allowed -- Restrictions. Nothing in § 58-33-72 prohibits any such insurance company, insurance producer, or adjuster from providing to such insured person or entity a list that includes the names of automobile glass companies or locations, if all of the listed companies or locations are reasonably close and convenient to the insured person and if none of the listed companies or locations is affiliated with another in any way, with which arrangements may have been made in advance with respect to prices or other aspects of the furnishing of the automobile glass services or products. However, no insurance company, insurance producer, or adjuster may require, recommend, urge, or encourage use of the listed automobile glass companies or locations. If a list is provided, the insurance company, agent, or adjuster, shall make oral and written disclosure at the time of any claim reimbursable in whole or in part under the insurance policy, to the insured person that any nonlisted automobile glass company or location may be used at the insured person's sole discretion and that the insurance company will fully and promptly pay for the cost of the automobile glass replacement or repair services or products, less only any applicable deductible amount payable according to the terms of the insurance policy by the insured person, at no less than the lowest prevailing market price in the local area for similarly-situated automobile glass companies or locations providing comparable automobile glass replacement or repair services or products without taking into consideration any special arrangements offered by the listed automobile glass companies or locations. If the insured person elects to use a nonlisted automobile glass company or location, the insurance company may not impose any obligations or requirements upon the insured person, including the obtaining of written estimates, not required if the insured person elects to use a listed automobile glass company or location.
5. Timely Notification
58-33-67.
Unfair or deceptive practices in dealing with insured.
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:
6. Timely Payment
58-33-67.
Unfair or deceptive practices in dealing with insured.
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:
7. False & Misleading Advertising
58-33-5. Misrepresentation or false advertising of policies as misdemeanor. 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 received thereon, or make any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or make any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates, or use any name or title of any policy or class of policies misrepresenting the true nature thereof. Violation of this section is a Class 2 misdemeanor.
58-33-6. False information or advertising as misdemeanor. 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, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive, or misleading. Violation of this section is a Class 2 misdemeanor.
8. False Use of Insurer’s Name
58-33-4. Use of misleading name as misdemeanor. 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.
9. Total Losses
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10. Consumer Sales Practices Acts
more>>
11. Consumer Auto Repair Practices Acts
more>>
12. Telemarketing laws
more>>
13. Home Sales Act
more>>
14. Licensing Adjusters
more>>
15. Diminished Value
more>>
State Departments of Insurance
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