Sec. 21.36.030. Misrepresentation and false advertising of insurance policies.

326 words·~1 min read·/ak/title-21/chapter-36/21-36-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person may not make, issue, circulate, broadcast, or have made, issued, circulated, or broadcast an estimate, circular, statement, illustration, comparison, assertion, or other written, electronic, or oral presentation that

(1)misrepresents the benefits, advantages, conditions, sponsorship, source, or terms of an insurance policy or a health discount plan;

(2)misrepresents the dividends or share of the surplus to be received on an insurance policy;

(3)misrepresents an insurance policy as being a share or shares of stock;

(4)makes a false or misleading statement as to the dividends or shares of the surplus previously paid on an insurance policy;

(5)misrepresents or makes a misleading statement as to the financial condition of an insurer or as to the legal reserve system upon which a life insurer operates;

(6)uses a name or title of an insurance policy or class of insurance policies misrepresenting its true nature;

(7)is a misrepresentation for the purpose of inducing, or that tends to induce the lapse, forfeiture, exchange, conversion, or surrender of an insurance policy;

(8)is a misrepresentation for the purpose of effecting or tending to effect a pledge or assignment of or loan against an insurance policy;

(9)appears to be an actual policy for a named individual when it is merely an advertisement;

(10)does not clearly designate the name of the insurer providing the coverage or about which the statements are made;

(11)is in any other way misleading, false, or deceptive;

(12)misrepresents a health discount plan as a form or type of insurance;

(13)describes a health discount plan using common insurance terminology; or

(14)misrepresents that a health discount plan is underwritten by or associated with an insurer.

(b)In this section, “misrepresentation” includes any statement or omission of a statement that when taken in the context of the whole presentation may tend to mislead or deceive the person or persons addressed.