Deceptive practices

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The following activities, if committed intentionally, shall be deceptive acts under the Trade Practices Act, § 23-66-201 et seq., for companies or agents engaged in the home service system of distribution:

  1. (1) The commission of a blind as defined by § 23-66-402;

  2. (2) The collection of a premium which is not due from a premium payor or policy owner, and, without the knowledge of the premium payor or policy owner, the crediting of that premium to future coverage for a policy owner;

  3. (3) The collection of a premium which is not due from a premium payor or policy owner, and, without the knowledge of the premium payor or policy owner, the crediting of that premium for a different policy owner;

  4. (4) The use or transfer of any excess or unused funds remaining in the account of the premium payor or policy owner to procure or revive an insurance policy for a policy owner without the knowledge or authorization of the payor; and

  5. (5) The collection of a premium by an agent who retains the premium for his or her own personal use.


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