North Dakota § 26.1-04-06 Insured persons and applicants for insurance prohibited from accepting rebates - Exception

North Dakota Statutes

§ 26.1-04-06 — Insured persons and applicants for insurance prohibited from accepting rebates - Exception

North Dakota·Title 26.1 Insurance·Ch. 26.1-04 Prohibited Practices in Insurance Business

rebates - Exception.

1.An insurance producer or agent of any insurance or surety company, reciprocal, benevolent society, or any other insurance organization or association, however constituted or entitled, may not grant, and an insured person or party or applicant for insurance, either directly or indirectly, may not receive or accept, or agree to receive or accept, any rebate of premium or of any part thereof, or all or any part of any insurance producer's commission thereon, or any favor or advantage, or any share in any benefit to accrue under any insurance policy, or any other valuable consideration or inducement other than such as may be specified in the policy, except as provided in an applicable filing which is in effect under the provisions of the laws regulating insurance rates

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rebates - Exception.
1. An insurance producer or agent of any insurance or surety company, reciprocal,
benevolent society, or any other insurance organization or association, however
constituted or entitled, may not grant, and an insured person or party or applicant for
insurance, either directly or indirectly, may not receive or accept, or agree to receive or
accept, any rebate of premium or of any part thereof, or all or any part of any
insurance producer's commission thereon, or any favor or advantage, or any share in
any benefit to accrue under any insurance policy, or any other valuable consideration
or inducement other than such as may be specified in the policy, except as provided in
an applicable filing which is in effect under the provisions of the laws regulating
insurance rates or except as provided under subsection 2.
2. Notwithstanding any other provision in this section, if the cost does not exceed an
aggregate retail value of one hundred dollars per person per year, an insurance
producer may give a gift, prize, promotional article, logo merchandise, meal, or
entertainment activity directly or indirectly to a person in connection with marketing,
promoting, or advertising the business. As used in this subsection, "person" means the
named insured, policy owner, or prospective client or the spouse of any of these
individuals, but the term does not include a certificate holder, child, or employee of the
named insured, policy owner, or prospective client. Subject to the limits of this
subsection, an insurance producer may give a gift card for specific merchandise or
services such as a meal, gasoline, or car wash but may not give cash, a cash card,
any form of currency, or any refund or discount in premium. An insurance producer

may not condition the giving of a gift, prize, promotional article, logo merchandise,
meal, or entertainment activity on obtaining a quote or a contract of insurance.
Notwithstanding the limitation in this subsection, an insurance producer may make a
donation to a nonprofit organization that is exempt from federal taxation under Internal
Revenue Code section 501(c)(3) [26 U.S.C. 501(c)(3)] in any amount as long as the
donation is not given as an inducement to obtain a contract of insurance.

North Dakota § 26.1-04-06 (Insured persons and applicants for insurance prohibited from accepting rebates - Exception) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.