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Session Laws, 1963
Volume 671, Page 1089   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1091

(b)   No form or plan of insurance covering any group or combina-
tion of persons or risks shall be written or delivered within or out-
side this State to cover persons or risks in this State at any preferred
rate or on any form other than as offered to persons not in such
group or combination and to the public generally, unless such form,
plan of insurance, and the rates or premiums to be charged therefor
have been submitted to and approved by the Commissioner as being
not unfairly discriminatory, and as not otherwise being in conflict
with subsection (a) above or with any provision of subtitle 16 of this
article (rates and rating organization) to the extent that such sub-
title 16 is, by its terms, applicable thereto.

(c)   This section does not apply to life insurance, health insurance,
or annuity contracts.

232.    Payment of Burial Insurance Benefits.

All burial insurance benefits shall be paid in cash to the benefi-
ciary. No person engaged in the business of burial insurance shall
contract to pay or pay such insurance or its benefits or any part
of either, to any official funeral director, undertaker or to any desig-
nated funeral director, undertaker, funeral directing or undertaking
concern or to any particular tradesman or businessman.

233.    False Applications, Claims, Proofs of Loss; Penalty.

Any agent, broker, solicitor, examining physician, applicant, or
other person, who knowingly or wilfully makes any false or fraudu-
lent statement or representation in or with reference to any appli-
cation for insurance; or for the purpose of obtaining any money
or benefit, knowingly or wilfully presents or causes to be presented
a false or fraudulent claim; or any proof in support of such a claim
for the payment of the loss upon a contract of insurance; or pre-
pares, makes, or subscribes a false or fraudulent account, certificate,
affidavit or proof of loss, or other document or writing, with intent
that the same may be presented or used in support of such a claim,
shall be guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine of not more than one thousand dollars ($1,000)
or by imprisonment for a period of not more than six (6) months,
or both such fine and imprisonment in the discretion of the court.

234.    Misleading Names.

No person that is not an insurer shall assume or use any name
which deceptively infers or suggests that it is an insurer.

235.    Unauthorized Insurers False Advertising Process Act; Title

Sections 235 through 240 may be cited as the Unauthorized
Insurers False Advertising Process Act.

236.    Purpose of Act.

(a) The purpose of this act is to subject to the jurisdiction of
the Commissioner 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 designed to
induce residents of this State to purchase insurance from insurers
not authorized to transact business in this State. The Legislature

 

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Session Laws, 1963
Volume 671, Page 1089   View pdf image (33K)
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