N.D. Cent. Code Ch. 26.1-04: Unfair Trade Practices

What this document is

N.D. Cent. Code Ch. 26.1-04 - Unfair Trade Practices is a state statute published by North Dakota Legislative Branch (ndlegis.gov). It is one of the North Dakota documents that insurance license exam questions are written from, including north dakota life & health, north dakota property & casualty, north dakota personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• N.D. Cent. Code § 26.1-04-03(3) (Defamation)

  “Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging 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...”

• N.D. Cent. Code § 26.1-04-03(8) (Rebates: producer gifts)

  “An insurance producer may not condition the giving of a gift, prize, promotion article, logo merchandise, meal, or entertainment activity on obtaining a quote or a contract of insurance.”

• N.D. Cent. Code § 26.1-04-03(1) (Misrepresentations of policy contracts)

  “making any misrepresentation tending to induce the lapse, forfeiture, exchange, conversion, or surrender of any insurance policy or for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance.”

• N.D. Cent. Code § 26.1-04-03(9) (Unfair claim settlement practices)

  “Unfair claim settlement practices. Committing any of the following acts, if done without just cause and if performed with a frequency indicating a general business practice: a. Knowingly misrepresenting to claimants pertinent facts or policy provisions relating to coverages at issue. b. Failing to...”

• N.D. Cent. Code § 26.1-04-03(7) (Unfair discrimination: life insurance)

  “Making or permitting any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract.”

• N.D. Cent. Code § 26.1-04-02 (General prohibition on unfair trade practices)

  “A person may not engage in this state in any trade practice defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.”

• N.D. Cent. Code § 26.1-04-03(8)(b) (Unfair discrimination: accident and health)

  “Making or permitting any unfair discrimination, including consideration of an individual's history or status as a subject of domestic abuse, between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of...”

• N.D. Cent. Code § 26.1-04-04(1) (Coercing purchaser or borrower to insure with particular company or insurance producer prohibited)

  “1.No person, engaged in selling property or in the business of financing the purchase of property or of lending money on the security of property and no trustee, director, officer, agent, or other employee of the person may require, as a condition precedent, concurrent, or subsequent to the sale or...”

• N.D. Cent. Code § 26.1-04-03(7)(d) (Unfair discrimination; geographic location of a property or casualty risk)

  “d. Making or permitting any unfair discrimination between individuals or risks of the same class and of essentially the same hazard by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on a property or casualty risk solely because of the geographic...”

• N.D. Cent. Code § 26.1-04-03(14) (Failure to refund unearned premiums)

  “Failure to refund unearned premiums. Failing to refund within thirty days of the cancellation of an insured's policy the unearned premium paid for that insurance policy. However, for commercial lines of insurance policies which are audited by the insurer to determine premium, the refund of premium...”

• N.D. Cent. Code § 26.1-04-03(9) (Unfair claim settlement practices defined)

  “Unfair claim settlement practices. Committing any of the following acts, if done without just cause and if performed with a frequency indicating a general business practice: a. Knowingly misrepresenting to claimants pertinent facts or policy provisions relating to coverages at issue. b. Failing to...”

• N.D. Cent. Code § 26.1-04-13(1) (Orders and modifications; penalties on a willful violation)

  “1.If, after hearing, the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall order the person to cease and desist from engaging in the method of competition, act, or practice. If the person...”

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More North Dakota sources

• N.D. Cent. Code Ch. 26.1-26 - Insurance Producers, Consultants, and AdjustersState statute
• North Dakota Century Code Chapter 26.1-26 - Insurance Producers and ConsultantsState statute
• N.D. Cent. Code Ch. 26.1-33 - Standard Provisions - Life InsuranceState statute
• N.D. Cent. Code ch. 26.1-36: Accident and health insurance policy provisionsState statute
• North Dakota Casualty Insurance Examination - Content OutlineCandidate handbook or exam outline
• North Dakota Insurance & Securities Department Insurance Licensing Examination Candidate Information BulletinCandidate handbook or exam outline
• North Dakota Accident and Health or Sickness Insurance Examination Content OutlineCandidate handbook or exam outline
• North Dakota Life Insurance Examination Content OutlineCandidate handbook or exam outline