Chapter 72A — Unauthorized Insurers False Advertising Process Act

15.001 Application of Laws 2005, Chapter 56, Terminology Changes State agencies must update their printed materials and signs to use new terminology from a 2005 law as items are … 65B.13 This section has been repealed. 65B.14 Definitions Defines key terms for auto insurance cancellation rules, including what counts as a policy of automobile insurance. 65B.15 Cancellation or Reduction in Limits During Policy Period An insurer cannot cancel or reduce auto insurance coverage during the policy period without proper notice and a valid … 65B.16 Statement of Reasons for Cancellation or Reduction A notice of auto insurance cancellation must state the specific reason for the cancellation to be valid. 65B.17 Renewal; Notice Not to Renew An insurer must give at least 60 days' notice before refusing to renew an auto insurance policy and must state the … 65B.18 Proof of Mailing of Notice Proof that the insurer mailed the cancellation or nonrenewal notice to your address on file is enough to show notice was … 65B.19 Notice of Cancellation or Nonrenewal If an insurer acts on someone's report about your driving, it must tell you who made the report. 65B.20 Immunity of Insurer or Commissioner; Use of Reasons for Cancellation Insurers and the commissioner are protected from lawsuits for providing reasons for cancellation or nonrenewal in good … 65B.21 Insured's Right to Object to Cancellation or Nonrenewal If you believe your auto insurance was unfairly canceled or not renewed, you can file an objection with the … 65B.22 This section has been repealed. 65B.23 This section has been repealed. 65B.24 This section has been repealed. 65B.25 This section has been repealed. 65B.26 This section has been repealed. 65B.27 This section has been repealed. 72A.001 This section cross-references section 15.001 on state agency terminology changes. 72A.01 Scope This chapter covers prohibited insurance trade practices and penalties. Other prohibitions are in other insurance laws. 72A.02 Violations as to Policies of Insurance Any insurance company or agent that willfully issues a policy violating the law commits a misdemeanor for the first … 72A.03 Agent of Insurer; Procuring Premiums by Fraud An insurance agent negotiating a policy is legally the company's agent for collecting premiums. Fraud in collecting … 72A.04 False Statements in Application Anyone who knowingly makes a false statement on an insurance application is guilty of a gross misdemeanor. 72A.05 Failure to Make Report or Comply With Law Insurance company officers or agents who fail to file required reports or get proper licenses face misdemeanor or gross … 72A.06 This section has been repealed. 72A.061 Mandatory Filings; Failure to Comply; Penalties Insurance companies that fail to file annual statements or other required reports on time face fines up to $100 per day. 72A.062 This section has been repealed. 72A.07 Violations of Laws Relating to Agents, Penalties Anyone who violates insurance agent licensing laws or deals in unlawful insurance faces fines and criminal penalties. 72A.071 Rebates Insurance companies and agents cannot offer rebates, special deals, or anything of value not stated in the policy to get … 72A.08 This section has been repealed. 72A.09 Violations Where Offense is Not Specifically Designated Violating any insurance law where no specific penalty is listed is a misdemeanor for the first offense and a gross … 72A.10 Failure to Appear or Obstructing Commissioner Refusing to testify before the commerce commissioner or blocking an insurance company examination is a misdemeanor. 72A.11 Complainant Entitled to One-half of Fine in Certain Cases The person who files the complaint that leads to a conviction for illegal foreign insurance gets half of the fine. 72A.12 Life Insurance Insurance company officers who issue life or health policies in violation of the commissioner's orders face criminal … 72A.125 Rental Vehicle Personal Accident Insurance; Special Requirements Car rental companies selling personal accident insurance must give customers a written summary and allow cancellation … 72A.13 Accident and Health Insurance, Violations of Certain Sections Insurance companies that violate health and accident insurance laws face penalties ranging from fines to license … 72A.135 Failure to Follow Dividend and Pricing Policy; Penalties An insurer that fails to follow its filed dividend and pricing plan faces a civil penalty of up to $5,000 per violation. 72A.139 Use of Genetic Tests The Genetic Discrimination Act bans insurers from using genetic test results to deny, limit, or charge more for … 72A.14 This section cross-references section 65B.13. 72A.141 This section cross-references section 65B.14. 72A.142 This section cross-references section 65B.15. 72A.143 This section cross-references section 65B.16. 72A.144 This section cross-references section 65B.17. 72A.145 This section cross-references section 65B.18. 72A.146 This section cross-references section 65B.19. 72A.147 This section cross-references section 65B.20. 72A.148 This section cross-references section 65B.21. 72A.149 This section cross-references section 65B.22. 72A.1491 This section cross-references section 65B.23. 72A.1492 This section cross-references section 65B.24. 72A.1493 This section cross-references section 65B.25. 72A.1494 This section cross-references section 65B.26. 72A.1495 This section cross-references section 65B.27. 72A.15 Penalty for Violation of Law Providing for Insurance in Unlicensed Companies Anyone licensed to place insurance with unlicensed foreign companies who files false statements loses their license and … 72A.16 Mutual Companies Officers of mutual insurance companies who improperly solicit proxy votes or guarantee against assessments commit … 72A.17 Purpose of Sections 72a.17 to 72a.32 The purpose of sections 72A.17 to 72A.32 is to regulate unfair trade practices in the insurance business as required by … 72A.18 Definitions Defines terms used in the insurance fair trade practices law, including person, commissioner, and insurer. 72A.19 Unfair Methods and Unfair or Deceptive Acts and Practices No person may engage in unfair or deceptive insurance trade practices in Minnesota. 72A.20 Methods, Acts, and Practices Which Are Defined as Unfair or Deceptive Lists specific insurance practices that are considered unfair or deceptive, including misrepresentation, false … 72A.201 Regulation of Claims Practices The commissioner adopts rules to make sure insurance claims are handled promptly, fairly, and honestly. 72A.202 This section has been repealed. 72A.203 Exemptions The annuity suitability rules do not apply to certain transactions like group contracts, government plans, and … 72A.2031 Definitions Defines terms for the annuity sales rules, including annuity, consumer, and insurance producer. 72A.2032 Duties of Insurers and Insurance Producers Insurance producers must act in the consumer's best interest when recommending annuities. 72A.2033 Insurance Producer Training Insurance producers cannot sell annuities unless they have completed proper product training. 72A.2034 Penalties Insurers are responsible for making sure annuity sales follow the law, and both insurers and producers can face … 72A.2035 Record Keeping Insurers and producers must keep records of the information they collected and disclosures they made for each annuity … 72A.2036 Relationship to Other Laws; Enforcement The annuity sales rules do not limit the commissioner's existing enforcement powers under other insurance laws. 72A.204 Prohibited Uses of Senior-specific Certifications and Professional Designations It is illegal to use fake or misleading senior-specific certifications or professional titles when selling insurance or … 72A.205 This section has been repealed. 72A.206 This section has been repealed. 72A.207 Graded Death Benefits Life insurance policies with graded death benefits must clearly disclose the reduced benefits and cannot be sold to … 72A.21 Power of Commissioner The commerce commissioner has the power to investigate any person in the insurance business to check for unfair … 72A.22 Hearing; Witnesses; Production of Books When the commissioner believes someone is engaged in unfair insurance practices, a formal hearing is held with witnesses … 72A.23 This section has been repealed. 72A.24 This section has been repealed. 72A.25 Unfair Competition The commissioner can hold hearings on insurance practices not specifically listed in section 72A.20 and determine if … 72A.26 Intervention If the commissioner's report does not find a violation, anyone who intervened in the case may petition the court for … 72A.27 Appeal Court orders in insurance trade practice cases can be appealed like other civil cases. 72A.28 This section has been repealed. 72A.285 Claim for Insurance Benefits; Release of Summary Information When a health review organization evaluates a claim, the insurer may release summary information to the insured about … 72A.29 Concurrent Remedies An order from the commissioner or court under these sections does not protect anyone from other legal liability. 72A.30 Evidential Privilege Denied; Immunity; Waiver A witness in an insurance investigation who claims the testimony might be self-incriminating is still required to … 72A.31 Certain Acts Deemed Unfair Method of Competition It is unfair competition for lenders or brokers to require borrowers to buy insurance from a specific company as a … 72A.32 Violations, Procedure Violating the tied-selling prohibition in section 72A.31 is treated as unfair competition and triggers enforcement … 72A.321 This section has been repealed. 72A.325 Insurance for Funeral or Burial Expense; Freedom of Choice Insurance companies selling funeral or burial expense coverage cannot require the use of a specific funeral home or … 72A.327 This section has been repealed. 72A.328 Affinity Group Sets rules for affinity group insurance programs, requiring fair pricing and limits on fees paid to the group. 72A.33 Purpose of Act, Construction Gives Minnesota regulators and courts authority over out-of-state insurers that sell to Minnesota residents through the … 72A.34 Definitions Defines terms for the unauthorized insurers advertising law, including what counts as the Unfair Trade Practice Act. 72A.35 Notice to Domiciliary Supervisory Official Before taking action against an unauthorized insurer for false advertising, the commissioner must notify the insurer's … 72A.36 Action by Commissioner If an unauthorized insurer keeps sending false advertising to Minnesota residents after being warned, the commissioner … 72A.37 Service Upon Unauthorized Insurer An unauthorized insurer that does business in Minnesota is deemed to have appointed the commissioner as its agent for … 72A.38 Severability If any part of the unauthorized insurers advertising law is struck down, the rest of the law still applies. 72A.39 Citation Sections 72A.33 to 72A.39 are called the Unauthorized Insurers False Advertising Process Act. 72A.40 Purpose The legislature wants to protect Minnesota residents from unlicensed insurers doing business in the state. 72A.41 Transacting Business Without Certificate of Authority It is illegal for any company to sell insurance in Minnesota without a certificate of authority from the commissioner. 72A.42 Enforcement Authority The commissioner may seek court injunctions and civil penalties against companies selling insurance without a license. 72A.43 Service of Process Upon Unauthorized Company by Commissioner An unauthorized insurer doing business in Minnesota is automatically considered to have appointed the commissioner to … 72A.44 Penalty Companies that sell insurance in Minnesota without a license face fines of $100 to $1,000 per offense. 72A.45 This section has been repealed. 72A.49 Short Title Sections 72A.49 to 72A.505 are called the Minnesota Insurance Fair Information Reporting Act. 72A.491 Definitions Defines terms for the insurance fair information reporting law, including adverse underwriting decision and personal … 72A.492 Scope The insurance information privacy rules apply to all insurers, agents, and support organizations that collect personal … 72A.493 Obtaining Information by Improper Means Insurers cannot collect personal information by pretending to be someone else or lying about why they need the … 72A.494 Notice Insurers must give applicants and policyholders a clear notice explaining what personal information they collect and how … 72A.495 Marketing and Research Surveys Marketing questions on insurance forms must be clearly labeled as optional and not required to get coverage. 72A.496 Investigative Consumer Reports Before ordering an investigative report on you for insurance purposes, the insurer must tell you in writing and explain … 72A.497 Access to Personal Information You have the right to see what personal information an insurer has about you and to know who has received that … 72A.498 Correction, Amendment, or Deletion of Personal Information If your personal information held by an insurer is wrong, you can request a correction and the insurer must respond … 72A.499 Reasons for Adverse Underwriting Decisions If an insurer denies you coverage or raises your rate, it must tell you in writing exactly why and what information it … 72A.50 Previous Adverse Underwriting Decisions Insurers cannot ask about previous adverse underwriting decisions without also asking for the reasons behind those … 72A.501 Disclosure Authorization An authorization to share your personal insurance information must be in plain language, dated, and specific about what … 72A.502 Disclosure of Information; Limitations and Conditions Insurers generally cannot share your personal or privileged information without your permission, except in specific … 72A.503 Private Remedies If an insurer violates the insurance privacy rules, you can sue for damages just like under other privacy laws. 72A.504 Obtaining Information Under Improper Means Knowingly and willfully obtaining someone's insurance information through improper means can result in a fine up to … 72A.505 Immunity Insurers that share personal information as required by law or in good faith are immune from defamation and privacy … 72A.51 Right to Cancel You can cancel most individual insurance policies within 10 days of receiving them and get a full refund of premiums … 72A.52 Notice Requirements Every individual insurance policy must include a clear, bold notice explaining your right to cancel within 10 days. 72A.53 This section has been repealed.