reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 71A — Reciprocals Or Interinsurance Contracts › Section 71A.05 — Reports; Examination.

71A.05 REPORTS; EXAMINATION.
Subdivision 1.
Annual report.
The attorney-in-fact shall make a report to the commissioner for each calendar year on the first day of March showing the financial condition of affairs at the office where the contracts are issued and furnish such additional information and reports as may be required.
The attorney-in-fact shall not be required to furnish the names and addresses of any subscribers nor the loss ratio.
Subd. 2.
Examination.
The business affairs and assets of these organizations shall be subject to examination by the commissioner.
History:
1967 c 395 art 11 s 5
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 71A — Reciprocals Or Interinsurance Contracts › Section 71A.06 — Exchange Of Contracts.

71A.06 EXCHANGE OF CONTRACTS.
Subdivision 1.
Extension of corporate powers.
Any corporation now or hereafter organized under the laws of this state shall, in addition to the rights, powers, and franchises specified in its articles of incorporation, have full power and authority to exchange insurance contracts of the kind and character herein mentioned. The right to exchange these contracts is hereby declared to be incidental to the purposes for which the corporations are organized and is as much granted as the rights and powers expressly conferred.
Subd. 2.
Public corporations.
Public corporations may exchange reciprocal or interinsurance contracts only when the issuing exchange has a surplus of $300,000 or more and said contracts are issued without contingent liability.
History:
1967 c 395 art 11 s 6
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 71A — Reciprocals Or Interinsurance Contracts › Section 71A.07 — Effect Of Chapter; Exclusiveness.

71A.07 EFFECT OF CHAPTER; EXCLUSIVENESS.
Except as herein provided, no law of this state shall apply to the exchange of these indemnity contracts unless such law specifically refers to reciprocals or interinsurance exchanges.
History:
1967 c 395 art 11 s 7
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 71A — Reciprocals Or Interinsurance Contracts › Section 71A.08 — Violations And Penalties.

71A.08 VIOLATIONS AND PENALTIES.
Subdivision 1.
Attorney-in-fact.
Any attorney who shall, except for the purpose of applying for a certificate of authority as provided in this chapter, exchange any contracts of indemnity of the kind and character specified in this chapter, or directly or indirectly solicit or negotiate any applications for same without first complying with the provisions of this chapter, is guilty of a misdemeanor; and upon conviction thereof shall be subjected to a fine of not less than $100 nor more than $1,000.
Subd. 2.
Exchange.
In case of the failure of any such reciprocal or interinsurance exchange to comply with any of the provisions of this chapter, it shall be the duty of the commissioner to immediately declare its license revoked, or proceed under chapter 60B or section 60A.052, and, in case of such revocation, the reciprocal or interinsurance exchange shall not be again licensed to transact business in this state for the period of one year from the date of the revocation.
History:
1967 c 395 art 11 s 8; 1969 c 708 s 63; 1993 c 13 art 2 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.01 — Scope.

72A.01 SCOPE.
This chapter includes certain prohibitions and penalties. Other prohibitions and penalties may be found in other articles of Laws 1967, chapter 395, and other state laws.
History:
1967 c 395 art 12 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.02 — Violations As To Policies Of Insurance.

72A.02 VIOLATIONS AS TO POLICIES OF INSURANCE.
Every company, and every officer and agent of any company, making, issuing, delivering, or tendering any policy of insurance of any kind, or directing any of the same to be done, in willful violation of any of the provisions of law, for a first offense, shall be guilty of a misdemeanor, and for each subsequent offense, of a gross misdemeanor; and, in addition to all other penalties prescribed by law, every company issuing any such policy shall be disqualified from doing any insurance business in this state until the payment of all fines imposed and for one year thereafter.
History:
1967 c 395 art 12 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.03 — Agent Of Insurer; Procuring Premiums By Fraud.

72A.03 AGENT OF INSURER; PROCURING PREMIUMS BY FRAUD.
Every insurance agent who acts for another in negotiating a contract of insurance by an insurance company shall be held to be the company's agent for the purpose of collecting or securing the premiums therefor, whatever conditions or stipulations may be contained in the contract or policy. Any such agent who by fraudulent representations procures payment, or an obligation for the payment, of an insurance premium shall be guilty, for the first offense, of a misdemeanor, and for each subsequent offense, of a gross misdemeanor.
History:
1967 c 395 art 12 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.04 — False Statements In Application.

72A.04 FALSE STATEMENTS IN APPLICATION.
Every solicitor, agent, examining physician, or other person who knowingly or willfully makes a false or fraudulent statement in, or relative to, any application for insurance or membership for any purpose shall be guilty of a gross misdemeanor.
History:
1967 c 395 art 12 s 4
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.05 — Failure To Make Report Or Comply With Law.

72A.05 FAILURE TO MAKE REPORT OR COMPLY WITH LAW.
Every officer and agent of any insurance company required to make any report or perform any act who shall neglect or refuse to comply with such requirement, and every agent, solicitor, or collector of the corporation in this state who fails or neglects to procure from the commissioner a certificate of authority to do such business, or who fails or refuses to comply with, or violates, any provision of the insurance law, shall be guilty, for the first offense, of a misdemeanor, and for each subsequent offense, of a gross misdemeanor.
History:
1967 c 395 art 12 s 5
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.07 — Violations Of Laws Relating To Agents, Penalties.

72A.07 VIOLATIONS OF LAWS RELATING TO AGENTS, PENALTIES.
Any person, firm, or corporation violating, or failing to comply with, any of the provisions of sections 60K.30 to 60K.56 and any person who acts in any manner in the negotiation or transaction of unlawful insurance with an insurance company not licensed to do business in the state, or who, as principal or agent, violates any provision of law relating to the negotiation or effecting of contracts of insurance, shall be guilty of a misdemeanor. Upon the filing of a complaint by the commissioner of commerce in a court of competent jurisdiction against any person violating any provisions of this section, the county attorney of the county in which the violation occurred shall prosecute the person. Upon the conviction of any agent of any violation of the provisions of sections 60K.30 to 60K.56, the commissioner shall suspend the authority of the agent to transact any insurance business within the state for a period of not less than three months. Any insurer employing an agent and failing to procure an appointment, as required by sections 60K.30 to 60K.56, or allowing the agent to transact business for it within the state before an appointment has been procured, shall pay the commissioner, for the use of the state, a penalty of $25 for each offense. Each sale of an insurance policy by an agent who is not appointed by an insurance company shall constitute a separate offense, but no insurer shall be required to pay more than $300 in penalties as a result of the activities of a single unappointed agent. In the event of failure to pay a penalty within ten days' after notice from the commissioner, the authority of the insurer to do business in this state shall be revoked by the commissioner until the penalty is paid. No insurer whose authority is revoked shall be readmitted until it shall have complied with all the terms and conditions imposed for admission in the first instance. Any action taken by the commissioner under this section shall be subject to review by the district court of the county in which the office of the commissioner is located.
History:
1967 c 395 art 12 s 7; 1977 c 243 s 4; 1983 c 289 s 114 subd 1; 1984 c 592 s 72; 1984 c 655 art 1 s 92; 1992 c 564 art 3 s 25; 2001 c 117 art 2 s 15
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.09 — Violations Where Offense Is Not Specifically Designated.

72A.09 VIOLATIONS WHERE OFFENSE IS NOT SPECIFICALLY DESIGNATED.
Whoever violates any provision of the insurance law where the nature of the offense is not specifically designated herein shall be guilty, for the first offense, of a misdemeanor, and for each subsequent offense, of a gross misdemeanor.
History:
1967 c 395 art 12 s 9
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.10 — Failure To Appear Or Obstructing Commissioner.

72A.10 FAILURE TO APPEAR OR OBSTRUCTING COMMISSIONER.
Whoever without justifiable cause neglects, upon due summons, to appear and testify before the commissioner, or obstructs the commissioner, or deputy or assistant commissioner, in an examination of an insurance company, shall be guilty, for the first offense, of a misdemeanor, and for each subsequent offense, of a gross misdemeanor.
History:
1967 c 395 art 12 s 10; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.11 — Complainant Entitled To One-half Of Fine In Certain Cases.

72A.11 COMPLAINANT ENTITLED TO ONE-HALF OF FINE IN CERTAIN CASES.
The person, other than the commissioner, or deputy or assistant commissioner, upon whose complaint a conviction is had for violation of the law prohibiting insurance in or by foreign companies not authorized to do business in this state, shall be entitled to one-half the fine recovered upon sentence therefor.
History:
1967 c 395 art 12 s 11
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.12 — Life Insurance.

72A.12 LIFE INSURANCE.
Subdivision 1.
Issue of prohibited life policies.
Every officer or agent of a life insurance company who shall issue any policy in violation of any order or other prohibition by the commissioner made pursuant to law, shall be guilty, for the first offense, of a misdemeanor, and for each subsequent offense, of a gross misdemeanor.
Subd. 2.
Misrepresentation by insurer or agent.
No life insurance company doing business in this state, and no officer, director or agent thereof, shall issue or circulate, or cause or permit to be issued or circulated, any estimate, illustration, circular or statement of any sort misrepresenting the terms of any policy issued by it or the benefits or advantages promised thereby, or the dividends or shares of surplus to be received thereon, or shall use any name or title of any policy or class of policies misrepresenting the true nature thereof.
Any person violating the provisions of this subdivision shall be guilty of a misdemeanor, and the license of any company which shall authorize or permit a violation of this subdivision shall be revoked.
Subd. 3.
Discrimination in accepting risks.
No life insurance company or agent, all other conditions being equal, shall make any discrimination in the acceptance of risks, in rates, premiums, dividends, or benefits of any kind, or by way of rebates, between persons of the same class, or on account of race; and upon request of any person whose application has been rejected, the company shall furnish the rejected applicant, in writing, the reasons therefor, including a certificate of the examining physician that such rejection was not for any racial cause. Every company violating either of the foregoing provisions shall forfeit not less than $500, nor more than $1,000, and every officer, agent, or solicitor violating the same shall be guilty of a gross misdemeanor; and the commissioner shall revoke the license of such company and its agents, and grant no new license within one year thereafter.
Subd. 4.
Discrimination.
(a) No life insurance company doing business in this state shall make or permit any distinction or discrimination in favor of individuals between insurants of the same class and equal expectation of life in the amount or payment of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contracts it makes; nor shall any such company or agent thereof make any contract of insurance or agreement as to such contract other than as plainly expressed in the policy issued thereon.
(b) Any violation of the provisions of this subdivision shall be a misdemeanor and punishable as such.
Subd. 5.
[Repealed, 2010 c 397 s 20]
History:
1967 c 395 art 12 s 12; 1983 c 359 s 1; 1986 c 444; 1992 c 564 art 1 s 54; 2010 c 384 s 30; 2022 c 93 art 2 s 30
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.13 — Accident And Health Insurance, Violations Of Certain Sections.

72A.13 ACCIDENT AND HEALTH INSURANCE, VIOLATIONS OF CERTAIN SECTIONS.
Subdivision 1.
Penalties.
Any company, corporation, association, society, or other insurer, or any officer or agent thereof, which or who solicits, issues or delivers to any person in this state any policy in violation of the provisions of sections 60A.06, subdivision 3 or 62A.01 to 62A.10, may be punished by a fine of not more than $200 for each offense, and the commissioner may revoke the license of any company, corporation, association, society, or other insurer of another state or country, or of the agent thereof, which or who willfully violates any provision of sections 60A.06, subdivision 3 or 62A.01 to 62A.10.
Subd. 2.
[Repealed, 1989 c 330 s 37]
Subd. 3.
[Repealed, 1992 c 564 art 1 s 55]
History:
1967 c 395 art 12 s 13; 1980 c 436 s 1; 1982 c 424 s 130; 1986 c 455 s 57; 1987 c 329 s 21
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.135 — Failure To Follow Dividend And Pricing Policy; Penalties.

72A.135 FAILURE TO FOLLOW DIVIDEND AND PRICING POLICY; PENALTIES.
An insurer failing to file and adhere to the plan required by section 61A.03, subdivision 2, paragraph (h), is subject to a civil penalty of not more than $5,000 for each violation.
History:
1983 c 292 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.15 — Penalty For Violation Of Law Providing For Insurance In Unlicensed Companies.

72A.15 PENALTY FOR VIOLATION OF LAW PROVIDING FOR INSURANCE IN UNLICENSED COMPANIES.
Every person licensed to procure insurance in an unlicensed foreign company who fails to file the affidavit and statement required in such case or who willfully makes a false affidavit or statement shall forfeit the license and be guilty, for the first offense, of a misdemeanor, and for each subsequent offense, of a gross misdemeanor.
History:
1967 c 395 art 12 s 15; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.16 — Mutual Companies.

72A.16 MUTUAL COMPANIES.
Subdivision 1.
Unlawful procurement or use of proxy.
Every officer or agent of a domestic mutual insurance company who shall solicit, receive, procure to be obtained, or use, a proxy vote in violation of any provision of law shall be guilty of a gross misdemeanor.
Subd. 2.
Guaranty against assessment.
Every director, officer, or agent of an insurance company who officially or privately gives a guaranty to a policyholder thereof against an assessment for which the policyholder would otherwise be liable shall be guilty of a misdemeanor.
History:
1967 c 395 art 12 s 16; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.17 — Purpose Of Sections 72a.17 To 72a.32.

72A.17 PURPOSE OF SECTIONS 72A.17 TO 72A.32.
The purpose of sections 72A.17 to 72A.32 is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
History:
1967 c 395 art 12 s 17
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.18 — Definitions.

72A.18 DEFINITIONS.
Subdivision 1.
General.
Unless the context clearly indicates otherwise, the following terms, when used in sections 72A.17 to 72A.32, shall have the meanings respectively ascribed to them in this section.
Subd. 2.
Person.
"Person" means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, or any other legal entity, engaged in the business of insurance, including an agent, a solicitor, or an adjuster and for the purposes of sections 72A.31 and 72A.32 "person" shall in addition mean any person, firm or corporation even though not engaged in the business of insurance.
History:
1967 c 395 art 12 s 18
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.19 — Unfair Methods And Unfair Or Deceptive Acts And Practices.

72A.19 UNFAIR METHODS AND UNFAIR OR DECEPTIVE ACTS AND PRACTICES.
Subdivision 1.
Prohibition.
No person shall engage in this state in any trade practice which is defined in sections 72A.17 to 72A.32 as or determined pursuant to sections 72A.17 to 72A.32 to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Subd. 2.
Rulemaking.
The commissioner may, in accordance with chapter 14, promulgate reasonable rules as the commissioner deems necessary to enforce and administer the provisions of this chapter.
History:
1967 c 395 art 12 s 19; 1980 c 436 s 2; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.203 — Exemptions.

72A.203 EXEMPTIONS.
Unless otherwise specifically included, sections 72A.203 to 72A.2036 do not apply to annuity transactions involving:
(1) direct response marketing of group insurance as provided for in section 72A.20, subdivision 34;
(2) contracts used to fund group plans under:
(i) an employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act of 1974 (ERISA), United States Code, title 29, sections 1001 to 1461;
(ii) a plan described by section 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code of 1986, as amended, if established or maintained by an employer;
(iii) a government or church plan defined in section 414 of the Internal Revenue Code of 1986, as amended, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax-exempt organization under section 457 of the Internal Revenue Code of 1986, as amended; or
(iv) a nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor; and
(3) contracts used to fund:
(i) settlements of or assumptions of liabilities associated with personal injury litigation or a dispute or claim resolution process; or
(ii) formal prepaid funeral contracts.
History:
2013 c 54 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.2034 — Penalties.

72A.2034 PENALTIES.
Subdivision 1.
Imposition; mitigation; enforcement.
(a) An insurer is responsible for compliance with sections 72A.203 to 72A.2036. If a violation occurs, either because of the action or inaction of the insurer or its insurance producer, the commissioner may order, in addition to any available penalties, remedies, or administrative actions:
(1) an insurer to take reasonably appropriate corrective action, including but not limited to canceling a transaction, for any consumer harmed by a failure to comply with sections 72A.203 to 72A.2036 by the insurer, an entity contracted to perform the insurer supervisory duties, or by the insurer's insurance producer;
(2) a general agency, independent agency, or the insurance producer to take reasonably appropriate corrective action for any consumer harmed by the insurance producer's violation of sections 72A.203 to 72A.2036; and
(3) appropriate penalties and sanctions.
(b) Nothing in sections 72A.203 to 72A.2036 shall affect any obligation of an insurer for the acts of its insurance producers, or any consumer remedy or any cause of action that is otherwise provided for under applicable federal or state law, including without limitation chapter 60K.
Subd. 2.
Aggravation or mitigation.
Any applicable penalty for a violation of sections 72A.203 to 72A.2036 may be increased or decreased upon consideration of any aggravating or mitigating circumstances, including if corrective action for the consumer was taken promptly after a violation was discovered, or the violation was not part of a pattern or practice. The authority to enforce compliance with sections 72A.203 to 72A.2036 is vested exclusively with the commissioner.
History:
2013 c 54 s 5; 2022 c 84 s 21
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.2035 — Record Keeping.

72A.2035 RECORD KEEPING.
Subdivision 1.
Duration.
Insurers and insurance producers shall maintain or be able to make available to the commissioner records of the information collected from the consumer, disclosures made to the consumer, including summaries of oral disclosures, and other information used in making the recommendations that were the basis for insurance transactions for ten years after the insurance transaction is completed by the insurer. An insurer is permitted, but shall not be required, to maintain documentation on behalf of an insurance producer.
Subd. 2.
Medium.
Records required to be maintained by sections 72A.203 to 72A.2036 may be maintained in paper, photographic, microprocess, magnetic, mechanical, or electronic media or by any process that accurately reproduces the actual document.
History:
2013 c 54 s 6; 2022 c 84 s 22
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.2036 — Relationship To Other Laws; Enforcement.

72A.2036 RELATIONSHIP TO OTHER LAWS; ENFORCEMENT.
(a) Nothing in sections 72A.203 to 72A.2036 limits the commissioner's authority to make any investigation or take any action under chapter 45 or other applicable law with respect to any insurer, insurance producer, broker-dealer, third-party contractor, or other entity engaged in any activity involving the sale of an annuity that is subject to sections 72A.203 to 72A.2036.
(b) In addition to any other penalties provided by the laws of this state, a violation of sections 72A.203 to 72A.2036 shall be considered a violation of section 72A.20.
History:
2013 c 54 s 7; 2022 c 84 s 23
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.207 — Graded Death Benefits.

72A.207 GRADED DEATH BENEFITS.
For the purpose of this section, a graded death benefit is a provision within a life insurance policy in which the death benefit, in the early years of the policy, is less than the face amount of the policy, but which increases with the passage of time.
No policy of life insurance paying a graded death benefit may be issued in this state unless the graded death benefit is equal to at least four times the first year premium. This section does not prohibit the return of premiums or premiums plus interest in connection with the voluntary or judicially ordered rescission of the policy, or according to the terms of the exclusions from coverage for suicide, aviation, or war risk.
A policy providing preneed insurance as defined in section 61A.258, or designed to cover, in whole or in part, the goods and services described in section 61A.258, subdivision 1, clause (3), is not subject to this section.
History:
1996 c 446 art 1 s 66; 2013 c 53 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.21 — Power Of Commissioner.

72A.21 POWER OF COMMISSIONER.
The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether that person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by section 72A.19.
History:
1967 c 395 art 12 s 21
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.22 — Hearing; Witnesses; Production Of Books.

72A.22 HEARING; WITNESSES; PRODUCTION OF BOOKS.
Subdivision 1.
Statement of charges and notice of hearing.
Whenever the commissioner has reason to believe that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice, defined in section 72A.20, and that a proceeding in respect thereto would be to the interest of the public, the commissioner shall issue and serve upon that person a statement of the charges in that respect and a notice of a hearing thereon to be held at a time and place fixed in the notice, which shall not be less than 20 days after the date of the service thereof.
Subd. 2.
Appearance; intervention.
At the time and place fixed for such hearing said person shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring the person to cease and desist from the acts, methods, or practices so complained of. Upon good cause shown, the commissioner shall permit any person to intervene, appear and be heard at such hearing by counsel or in person.
Subd. 3.
Formal rules of pleading or evidence not required.
Nothing contained in sections 72A.17 to 72A.32 shall require the observance at any such hearing of formal rules of pleading or evidence.
Subd. 4.
Hearing.
The commissioner, upon such a hearing, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents which the commissioner deems relevant to the inquiry. The commissioner, upon such a hearing, may, and upon the request of any party shall, cause to be made a stenographic record of all the evidence and all the proceedings had at the hearing. If no stenographic record is made and if a judicial review is sought, the commissioner shall prepare a statement of the evidence and proceeding for use on review. In case of a refusal of any person to comply with any subpoena issued hereunder or to testify with respect to any matter concerning which the person may be lawfully interrogated, the District Court of Ramsey County or of the county where the hearing is being held, on application of the commissioner, may issue an order requiring that person to comply with the subpoena and to testify; and any failure to obey any such order of the court may be punished by the court as a contempt thereof.
Subd. 5.
Service.
Statements of charges, notices, orders, and other processes of the commissioner under sections 72A.17 to 72A.32 may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions or in compliance with section 45.028, subdivision 2.
History:
1967 c 395 art 12 s 22; 1986 c 444; 1992 c 564 art 2 s 7
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.26 — Intervention.

72A.26 INTERVENTION.
If the report of the commissioner does not charge a violation of sections 72A.17 to 72A.32, any intervenor in the proceedings may, within 20 days after the service of the report, cause a petition to be filed in the District Court of Ramsey County for a review of that report. Notice of the filing of the intervenor's petition shall be given to the commissioner and to the person upon whom the statement of charges was originally served. The commissioner shall, within 20 days after the service of the notice of filing the petition, file a transcript of the proceedings, including all evidence taken and the report and findings, and the person upon whom the statement of charges was originally served shall have 20 days after the service of notice of filing the petition in which to file an answer. The proceedings before the court shall conform to those provided for by section 72A.25. Upon such a review the court shall have authority to issue appropriate orders and writs in connection therewith, including, if the court finds it is to the interest of the public, orders enjoining and restraining the continuance of any method of competition, act, or practice which it finds, notwithstanding the report of the commissioner, constitutes a violation of sections 72A.17 to 72A.32.
History:
1967 c 395 art 12 s 26; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.27 — Appeal.

72A.27 APPEAL.
Any decree or order of a district court made and entered under section 72A.25 is subject to review by appeal as in other civil cases. The appeal must be taken within the time prescribed by law for taking appeals from orders of the district courts.
History:
1967 c 395 art 12 s 27; 1983 c 247 s 37; 1987 c 336 s 8
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.285 — Claim For Insurance Benefits; Release Of Summary Information.

72A.285 CLAIM FOR INSURANCE BENEFITS; RELEASE OF SUMMARY INFORMATION.
Notwithstanding section 145.64, when a review organization, as defined in section 145.61, has conducted a review of health services given or proposed to be given to an insured or claimant in connection with or in anticipation of a claim for insurance benefits, a complete summary of the review findings must be furnished by the insurer to the provider who requested the review or to the insured or claimant, upon that person's request.
The summary must list the qualifications of the reviewer, including any license, certification, or specialty designation. The summary must also describe the relationship between the insured's or claimant's diagnosis and the review criteria used as a basis for the claim decision, including the specific rationale for the reviewer's decision.
Nothing in this section requires the disclosure of the identity of the person conducting the review.
History:
1991 c 264 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.29 — Concurrent Remedies.

72A.29 CONCURRENT REMEDIES.
Subdivision 1.
Liability under other laws.
No order of the commissioner, or order or decree of any district court, under sections 72A.17 to 72A.32 shall in any way relieve or absolve any person affected by such order or decree from any liability under any other laws of this state.
Subd. 2.
Concurrent powers.
The powers vested in the commissioner by sections 72A.17 to 72A.32 shall be additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to the methods, acts, and practices hereby declared to be unfair or deceptive.
History:
1967 c 395 art 12 s 29
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.30 — Evidential Privilege Denied; Immunity; Waiver.

72A.30 EVIDENTIAL PRIVILEGE DENIED; IMMUNITY; WAIVER.
A person who asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required may tend to incriminate or subject the person to a penalty or forfeiture, who is nevertheless directed to give the testimony or produce the evidence, shall comply with the direction. However, the person shall not subsequently be prosecuted or subjected to any penalty or forfeiture because of any transaction, matter, or thing about which the person testified or produced evidence, and no testimony given or evidence produced shall be received against that person upon any criminal action, investigation, or proceeding. No person testifying is exempt from prosecution or punishment for perjury committed while testifying, and the testimony or evidence given or produced shall be admissible against that person upon any criminal action, investigation, or proceeding concerning the perjury. The person is not exempt from the refusal, revocation, or suspension of any license, permission, or authority conferred, or to be conferred, pursuant to the insurance law of this state.
An individual may execute, acknowledge, and file in the office of the commissioner a statement expressly waiving immunity or privilege in respect to any transaction, matter, or thing specified in the statement, and the testimony of that person or any evidence in relation to it may be received or produced before any judge, court, tribunal, grand jury, or otherwise. When it is received or produced, that individual is not entitled to any immunity or privilege on account of any testimony given or evidence produced by that individual.
History:
1967 c 395 art 12 s 30; 1983 c 359 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.32 — Violations, Procedure.

72A.32 VIOLATIONS, PROCEDURE.
Any violation of section 72A.31 shall constitute an unfair method of competition and the person, firm or corporation practicing the same shall be proceeded against under the provisions of sections 72A.21 to 72A.25, inclusive.
History:
1967 c 395 art 12 s 32
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.325 — Insurance For Funeral Or Burial Expense; Freedom Of Choice.

72A.325 INSURANCE FOR FUNERAL OR BURIAL EXPENSE; FREEDOM OF CHOICE.
No insurance company, agent, or other person engaged in the business of providing insurance or other benefits for the payment of any funeral or burial expense, shall designate, endorse, or otherwise promote any particular mortician, funeral director, funeral establishment, cemetery, or any other party offering funeral or burial services or supplies, as the beneficiary or recipient of the benefits, so as to deprive the persons with legal authority to control the disposition of the remains of the deceased policyholder under section 149A.80, subdivision 2, of the right to select the funeral or burial services and supplies of their choice. No owner, director, or employee of a funeral establishment, or entity having a direct equity interest in a funeral establishment, shall receive any fee, commission, or other reimbursement on any insurance sale facilitated through the funeral establishment, except the sale of a preneed funeral insurance contract with a face amount not to exceed $20,000.
For purposes of this section, "preneed funeral insurance contract" means an agreement by or for an individual before that individual's death relating to the purchase or provision of specific funeral or cemetery merchandise or services.
Nothing in this section constitutes a waiver or exception to the requirements of chapter 60K.
History:
1981 c 129 s 1; 1987 c 233 s 1; 1999 c 100 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.328 — Affinity Group.

72A.328 AFFINITY GROUP.
Subdivision 1.
Definitions.
(a) For purposes of this section the following terms have the meanings given.
(b) "Affinity program" means an organization or group formed around a common interest or specified purpose, or a group of individuals who are members of an entity that offers individuals benefits based on their membership in that entity. Affinity program does not include an entity that obtains group insurance, as defined in section 60A.02, subdivision 28, or risk retention groups as defined in section 60E.02, subdivision 12.
(c) "Policy" means an individually underwritten policy of private passenger vehicle insurance, as defined in section 65B.001, subdivision 2, an individually underwritten policy of homeowner's insurance, as defined in section 65A.27, subdivision 4, or an individually underwritten policy issued under section 60A.06, subdivision 1, clause (10).
Subd. 2.
Discount.
An insurance company may offer an individual a discount or other benefit relating to a policy based on the individual's membership in an affinity program if:
(1) the benefit or discount is calculated in accordance with section 70A.04; and
(2) all members of the affinity program are eligible for the discount or benefit.
History:
2017 c 94 art 8 s 5; 2017 c 99 s 11; 2022 c 93 art 2 s 32,33
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.33 — Purpose Of Act, Construction.

72A.33 PURPOSE OF ACT, CONSTRUCTION.
The purpose of sections 72A.33 to 72A.39 is to subject to the jurisdiction of the commissioner of commerce of this state 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 declares it is in the interest of the citizens of this state who purchase insurance from insurers which solicit insurance business in this state in the manner set forth in the preceding sentence that such insurers be subject to the provisions of sections 72A.33 to 72A.39. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, chapter 20, 1st Session, section 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states; the authority provided herein to be in addition to any existing powers of this state. The provisions of sections 72A.33 to 72A.39 shall be liberally construed.
History:
1967 c 395 art 12 s 33; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.34 — Definitions.

72A.34 DEFINITIONS.
Subdivision 1.
Scope.
When used in sections 72A.33 to 72A.39 the terms defined in this section shall have the meanings given them in this section.
Subd. 2.
Unfair Trade Practice Act.
"Unfair Trade Practice Act" shall mean the act relating to regulation of trade practices as defined in sections 72A.17 to 72A.32.
Subd. 3.
Residents.
"Residents" shall mean and include persons, partnerships or corporations, domestic, alien, or foreign.
History:
1967 c 395 art 12 s 34
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.35 — Notice To Domiciliary Supervisory Official.

72A.35 NOTICE TO DOMICILIARY SUPERVISORY OFFICIAL.
No unauthorized foreign or alien insurer of the kind described in section 72A.33 shall make, issue, circulate or cause to be made, issued or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of the Unfair Trade Practice Act, and whenever the commissioner shall have reason to believe that any such insurer is engaging in such unlawful advertising, it shall be the commissioner's duty to give notice of such fact by certified mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States.
History:
1967 c 395 art 12 s 35; 1978 c 674 s 60; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.36 — Action By Commissioner.

72A.36 ACTION BY COMMISSIONER.
If after 30 days following the giving of the notice mentioned in section 72A.35 such insurer has failed to cease making, issuing, or circulating such false representations or causing the same to be made, issued or circulated in this state, and if the commissioner has reason to believe that a proceeding in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or doing any of the acts enumerated in section 72A.37, the commissioner shall take action against such insurer under the Unfair Trade Practice Act.
History:
1967 c 395 art 12 s 36; 1986 c 444
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.38 — Severability.

72A.38 SEVERABILITY.
If any provision of sections 72A.33 to 72A.39 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of sections 72A.33 to 72A.39 which can be given effect without the invalid provision or application, and to this end the provisions of sections 72A.33 to 72A.39 are declared to be severable.
History:
1967 c 395 art 12 s 38
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.39 — Citation.

72A.39 CITATION.
Sections 72A.33 to 72A.39 may be cited as the "Unauthorized Insurers False Advertising Process Act."
History:
1967 c 395 art 12 s 39
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.40 — Purpose.

72A.40 PURPOSE.
The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers not authorized to do insurance business in this state. The legislature further declares that it desires to protect residents of this state against acts by insurers not authorized to do an insurance business in this state, to maintain fair and honest insurance markets, to protect the premium tax revenues of this state, to protect authorized insurers who are subject to strict regulation from unfair competition by unauthorized insurers, and to protect against the evasion of the insurance regulatory laws of this state. In furtherance of the state interest, the legislature herein provides a method for substituted service of process upon unauthorized insurers. The legislature declares that in so doing it exercises its power to protect residents of this state and to define what constitutes doing an insurance business in this state, and also exercises powers and privileges available to this state by virtue of Public Law 79-15, Statutes at Large, volume 59, page 33, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
History:
1967 c 590 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 72A — Insurance Industry Trade Practices › Section 72A.41 — Transacting Business Without Certificate Of Authority.

72A.41 TRANSACTING BUSINESS WITHOUT CERTIFICATE OF AUTHORITY.
Subdivision 1.
Prohibition; exception.
It is unlawful for any company to enter into a contract of insurance as an insurer or to transact insurance business in this state, as set forth in subdivision 2, without a certificate of authority from the commissioner; provided that this subdivision does not apply to:
(a) contracts of insurance procured by agents under the authority of sections 60A.195 to 60A.209;
(b) contracts of reinsurance and contracts of ocean or wet marine and transportation insurance;
(c) transactions in this state involving a policy lawfully solicited, written and delivered outside of this state covering only subjects of insurance not resident, located, or expressly to be performed in this state at the time of issuance and which transactions are subsequent to the issuance of the policy;
(d) transactions in this state involving a policy of insurance or annuity issued prior to July 1, 1967;
(e) contract of insurance procured under the authority of section 60A.198, subdivision 8; or
(f) transactions in this state involving contracts of insurance covering property or risks not located in this state.
Subd. 2.
Acts constituting.
Any of the following acts in this state, effected by mail or otherwise by an unauthorized insurer, shall be included among those deemed to constitute transacting insurance business in this state: (a) the issuance or delivery of a contract of insurance or annuity to a resident of this state; (b) the solicitation of an application for such a contract; (c) the collection of a premium, membership fee, assessment or other consideration for such a contract; or (d) the transaction of any matter subsequent to the execution of such a contract and arising out of it.
Subd. 3.
Failure to obtain certificate.
The failure of a company to obtain a certificate of authority shall not impair the validity of any act or contract of such company and shall not prevent such company from defending any action in any court of this state, but no company transacting insurance business in this state without a certificate of authority shall be permitted to maintain an action in any court of this state to enforce any right, claim or demand arising out of the transaction of such business until such company shall have obtained a certificate of authority. Nor shall an action be maintained in any court of this state by any successor or assignee of such company on any such right, claim or demand originally held by such company until a certificate of authority shall have been obtained by such company or by a company which has acquired all or substantially all of its assets.
History:
1967 c 590 s 2; 1969 c 6 s 17; 1980 c 436 s 3; 1987 c 384 art 2 s 15; 1994 c 485 s 57; 2011 c 108 s 49