ROBERT L. EHRLICH, JR., Governor

Ch. 173

27-212.

(a)     This section does not apply to life insurance, health insurance, and
annuities.

(b)     Except to the extent provided for in an applicable filing with the
Commissioner as provided by law, an insurer, employee or representative of an
insurer or insurance producer may not pay, allow, give, or offer to pay, allow, or give
directly or indirectly as an inducement to insurance or after insurance has become
effective:

(1)     a rebate, discount, abatement, credit, or reduction of the premium
stated in the policy;

(2)     a special favor or advantage in the dividends or other benefits to
accrue on the policy; or

(3)     any valuable consideration or other inducement not specified in the
policy.

(c)     An insured named in a policy or an employee of the insured may not
knowingly receive or accept directly or indirectly a rebate, discount, abatement,
credit, reduction of premium, special favor, advantage, valuable consideration, or
inducement described in subsection (b) of this section.

(D) EXCEPT AS OTHERWISE PROVIDED BY LAW, A PERSON MAY NOT
KNOWINGLY OFFER, PROMISE, OR GIVE ANY VALUABLE CONSIDERATION NOT
SPECIFIED IN THE POLICY, EXCEPT FOR EDUCATIONAL MATERIALS, PROMOTIONAL
MATERIALS, OR ARTICLES OF MERCHANDISE THAT COST LESS THAN $10 (ADJUSTED
FOR INFLATION, USING THE CONSUMER PRICE INDEX—ALL URBAN CONSUMERS),
REGARDLESS OF WHETHER A POLICY IS PURCHASED.

[(d)] (E) (1) An insurer may not make or allow unfair discrimination
between insureds or properties having like insuring or risk characteristics in:

(i) the premium or rates charged for insurance;

(ii) the dividends or other benefits payable on the insurance; or

(iii) any of the other terms or conditions of the insurance.

(2) Notwithstanding any other provision of this section, an insurer may
not make or allow a differential in ratings, premium payments, or dividends for a
reason based on the sex, physical handicap, or disability of an applicant or
policyholder unless there is actuarial justification for the differential.

[(e)] (F) This section does not prohibit an insurer from:

(1)     paying commissions or other compensation to licensed insurance
producers; or

(2)     allowing or returning to its participating policyholders, members, or
subscribers lawful dividends, savings, or unabsorbed premium deposits.

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