58-12-33. Flagrant or frequent violations--Notice and opportunity to correct inadvertent violations.
130 words·~1 min read·
/sd/title-58/chapter-58-12/58-12-33·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any act by an insurer, if committed in violation of this section, is an unfair claims practice if:
(1)It is committed flagrantly and in conscious disregard of the provisions of §§ 58-12-31 to 58-12-37 , inclusive, or any rule promulgated pursuant to §§ 58-12-31 to 58-12-37 , inclusive; or
(2)It is committed with such frequency to indicate a general business practice to engage in that type of conduct.
For any act defined in § 58-12-34 , the director shall provide notice and an opportunity to correct the violation pursuant to § 58-33-68 if the act was inadvertent. Any act that is committed flagrantly or in conscious disregard of the provisions of §§ 58-12-31 to 58-12-37 , inclusive, are not subject to the procedures required under § 58-33-68 .