STATE - Travelers



|SURVEY OF GIFT/REBATE LAWS |

|The following survey is not an exact and absolute portrayal of all laws governing gifts in every jurisdiction. Rather, it |

|represents a listing and summary analysis of the existing laws specifically identified as governing the provision of gifts by |

|Travelers to customers and policyholders. This survey is for use as a convenient tool and is not intended, and should not be |

|considered to be, legal advice. Please consult your PI legal representative prior to giving gifts. |

|JURISDICTION |GIFT FROM TRAVELERS |LEGAL CITE |COMMENT |

|ALABAMA |Gift permitted up to $15 value. |Reg. 482-1-088.05 | |

|ALASKA |Gift not prohibited if not tied to purchase of |§ 21.36.120 | |

| |insurance. | | |

|ARIZONA |Gift permitted up to $10 value. |§ 20-452 | |

|ARKANSAS |Gift permitted up to $50 value. |Directive 5-98 | |

|CALIFORNIA |Gift not prohibited if not tied to purchase of |§ 750 | |

| |insurance. | | |

|COLORADO |Gift not prohibited if not tied to purchase of |§ 10-3-1104(1)(g) | |

| |insurance. | | |

|CONNECTICUT |Gift not prohibited if not tied to purchase of |§ 38a-825 | |

| |insurance. | | |

|DELAWARE |Gift not prohibited if not tied to purchase of |§ 2304 | |

| |insurance. | | |

|D.C. |Gift not prohibited if not tied to purchase of |§ 31-2231.13 | |

| |insurance. | | |

|FLORIDA |Advertising gift permitted up to $25 value. |§ 626.9541(1)(m) | |

|GEORGIA |Gift not prohibited if not tied to purchase of |§ 33-6-4(b)(8)(B) |See (b)(8)(C) re food & |

| |insurance. | |refreshments |

|HAWAII |Gift not prohibited if not tied to purchase of |§ 431:13-103(a)(8) | |

| |insurance. | | |

|IDAHO |Gift permitted up to $50 value. |§ 41-1314 | |

|ILLINOIS |Gift not prohibited if not tied to purchase of |§ 5/151 | |

| |insurance. | | |

|INDIANA |Gift not prohibited if not tied to purchase of |§ 27-4-1-4 | |

| |insurance. | | |

|IOWA |Gift permitted if not contingent on sale of |§ 507B.4; Bulletin 97-5 | |

| |insurance. | | |

|KANSAS |Gift not prohibited if not tied to purchase of |§ 40-966 | |

| |insurance. | | |

|KENTUCKY |Gift permitted up to $25 value. |§ 304.12-110 | |

|LOUISIANA |Gift not prohibited if not tied to purchase of |§ 1214 | |

| |insurance. | | |

|MAINE |Gift permitted up to $20 value. Raffle or drawing|§ 2163-A | |

| |prize permitted up to $100 value. | | |

|MARYLAND |Promotional material or merchandize permitted up |§ 27-212(d) | |

| |to $10 value. | | |

|MASSACHUSETTS |Gift not prohibited if not tied to purchase of |§ 182 | |

| |insurance. | | |

|MICHIGAN |Gift not prohibited if not tied to purchase of |§ 500.2066 | |

| |insurance. | | |

|MINNESOTA |Gift not prohibited if not tied to purchase of |§ 72A.08 | |

| |insurance. | | |

|MISSISSIPPI |Gift not prohibited if not tied to purchase of |§ 83-3-121 | |

| |insurance. | | |

|MISSOURI |Gift not prohibited if not tied to purchase of |§ 375.936(9)(a) | |

| |insurance. | | |

|MONTANA |Gift not prohibited if not tied to purchase of |§ 33-18-210 | |

| |insurance. | | |

|NEBRASKA |Gift not prohibited if not tied to purchase of |§ 44-361 | |

| |insurance. | | |

|NEVADA |Gift not prohibited if not tied to purchase of |§ 686A.130 | |

| |insurance. | | |

|NEW HAMPSHIRE |Gift not prohibited if not tied to purchase of |§ 402:39; § 417:4.IX | |

| |insurance. | | |

|NEW JERSEY |Gift not prohibited if not tied to purchase of |Reg. 11:17A-2.3. | |

| |insurance. | | |

|NEW MEXICO |Gift not prohibited if not tied to purchase of |§ 59A-16-17 | |

| |insurance. | | |

|NEW YORK |Gift permitted as inducement to the “making” of |§ 2324 | |

| |insurance up to $15 value, provided gift | | |

| |advertises name of insurer or agent. | | |

|NORTH CAROLINA |Gift not prohibited if not tied to purchase of |§ 58-33-85 | |

| |insurance. | | |

|NORTH DAKOTA |Gift not prohibited if not tied to purchase of |§ 26.1-25-16 | |

| |insurance. | | |

|OHIO |Gift not prohibited if not tied to purchase of |§ 3933.01 | |

| |insurance. | | |

|OKLAHOMA |Gift not prohibited if not tied to purchase of |§ 1204(8)(a) | |

| |insurance. | | |

|OREGON |Gift not prohibited if not tied to purchase of |§ 746.045 |Based on 1998 discussion |

| |insurance. | |with DOI gift of $10-$25 |

| | | |value probably ok. |

|PENNSYLVANIA |Gift not prohibited if not tied to purchase of |§ 310.45; § 310.46; § | |

| |insurance. |371 | |

|RHODE ISLAND |Gift not prohibited if not tied to purchase of |§ 27-6-46 | |

| |insurance. | | |

|SOUTH CAROLINA |Gift not prohibited if not tied to purchase of |§ 38-57-130 |Agent can give gift up to |

| |insurance. | |$5. |

|SOUTH DAKOTA |Gift not prohibited if not tied to purchase of |§ 58-33-24 | |

| |insurance. | | |

|TENNESSEE |Gift not prohibited if not tied to purchase of |§ 56-8-104(7) | |

| |insurance. | | |

|TEXAS |Gift not prohibited if not tied to purchase of |Art. 5.20 | |

| |insurance. | | |

|UTAH |Gift permitted up to $3 value. Gift not |Reg. 590-154-11 | |

| |prohibited if not tied to purchase of insurance. | | |

|VERMONT |Gift not prohibited if not tied to purchase of |§ 3861 | |

| |insurance. | | |

|VIRGINIA |Gift not prohibited if not tied to purchase of |§ 1214; § 1218 | |

| |insurance. | | |

|WASHINGTON |Gift permitted up to $25 value. |§ 48.30.150 | |

|WEST VIRGINIA |Gift not prohibited if not tied to purchase of |§ 33-11-4(8) | |

| |insurance. | | |

|WISCONSIN |Gift not prohibited if not tied to purchase of |§ 628.34 | |

| |insurance. | | |

|WYOMING |Gift not prohibited if not tied to purchase of |§ 26-13-112 | |

| |insurance. | | |

Excerpts of Statutes and Regulations

Alabama – Reg. 482-1-088-.05. Allowable amount. (1) The value of the amount of the gift, benefit, etc. will be no more than $15.00 payable to an individual or family (only one gift per family). This gift cannot be cash. (2) No rebate can be used as a part of a gift. 482-1-088-.04. Definitions. (1) For the purposes of this chapter, a free gift, benefit, etc. is defined as a gift, benefit, etc., to invite an inquiry or quote from the insurance buying public. It is not an inducement or invitation to enter into an insurance contract. (2) While the $15.00 valuation has been established, if necessary, a "reasonableness" test will be used to determine whether the value of the gift actually acts as an inducement to enter into an insurance contract regardless of the semantics used in the advertisement.

Alaska - § 21.36.120 Unfair discrimination and rebates prohibited in property and casualty insurance. (a) A property, casualty, or surety insurer or its employee or representative, or an agent, or solicitor may not pay, allow, give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance or after insurance has been effected, a rebate, discount, abatement, credit, or reduction of the premium named in the policy of insurance, or a special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement, not specified in the policy, except to the extent provided for in an applicable filing with the director as provided by law. (b) An insured named in a policy, or an employee of the insured may not knowingly receive or accept directly or indirectly, a rebate, discount, abatement, credit, or reduction of premium, or special favor or advantage or valuable consideration or inducement. (c) An insurer may not make or permit an unfair discrimination between insureds or property having like insuring or risk characteristics, in the premium or rates charged for insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the insurance.

Arizona - § 20-452. Prohibited inducements. Except as permitted in §§ 20-453 and 20-454 [re securities], any insurer, insurance producer or other person, as an inducement to insurance or in connection with any insurance transaction, shall not provide in any policy for or offer, sell, buy or offer or promise to buy, sell, give, promise or allow to the insured or prospective insured or to any other person on behalf of the insured or prospective insured in any manner: … 4. Any prizes, goods, wares, merchandise or tangible property of an aggregate value of more than ten dollars.

Arkansas – Department Directive 5-98 (4/9/98). The giving of any gift, whether it be money, trading stamps, goods or otherwise, of whatever value, as an inducement to make inquiry about, to purchase or renew insurance is prohibited under Ark. Code Ann. §§23-66-206(8) and 23-66-308. Token gifts of twenty-five dollars ($25.00) or less in value (wholesale), such as ballpoint pens, calendars, notebooks, and other items for advertisement purposes are not meant to be included. Contact the Legal Division at 501-371-2820 with your inquiries.

California - § 750. Prohibited practices; violations; punishment (a) Except as provided in Section 750.5 [re attorneys], any person acting individually or through his or her employees or agents, who engages in the practice of processing, presenting, or negotiating claims, including claims under policies of insurance, and who offers, delivers, receives, or accepts any rebate, refund, commission, or other consideration, whether in the form of money or otherwise, as compensation or inducement to or from any person for the referral or procurement of clients, cases, patients, or customers, is guilty of a crime.

Colorado - § 10-3-1104. Unfair methods of competition and unfair or deceptive acts or practices. (1) The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance:…(g) Rebates: Except as otherwise expressly provided by law, knowingly permitting, or offering to make, or making any contract of insurance or agreement as to such contract, other than as plainly expressed in the insurance contract issued thereon, or paying, or allowing, or giving, or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract; or giving, or selling, or purchasing, or offering to give, sell, or purchase, as inducement to such insurance contract or annuity or in connection therewith any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value whatsoever not specified in the contract.

Connecticut - § 38a-825. Premium rebate or other special favor. No insurance company doing business in this state, or attorney, producer or any other person shall pay or allow, or offer to pay or allow, as inducement to insurance, any rebate of premium payable on the policy, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement not specified in the policy of insurance. No person shall receive or accept from any company, or attorney, producer or any other person, as inducement to insurance, any such rebate of premium payable on the policy, or any special favor or advantage in the dividends or other benefit to accrue thereon, or any valuable consideration or inducement not specified in the policy of insurance. No person shall be excused from testifying or from producing any books, papers, contracts, agreements or documents, at the trial of any other person charged with the violation of any provision of this section or of section 38a-446, on the ground that such testimony or evidence may tend to incriminate him, but no person shall be prosecuted for any act concerning which he is compelled to so testify or produce documentary or other evidence, except for perjury committed in so testifying.

Delaware - § 2304. Unfair methods of competition and unfair or deceptive acts or practices defined. The following are hereby defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: (15) Unfair discrimination, rebates prohibited; property, casualty, surety insurance. -- a. No property, casualty or surety insurer or any employee or representative thereof, and no broker, agent or solicitor shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the Commissioner as provided by law. b. No insured named in a policy, nor any employee of such insured, shall knowingly receive or accept directly or indirectly any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement.

District of Columbia - § 31-2231.13. Unfair discrimination and rebates prohibited; property, casualty, and surety insurance. (a) No person offering property, casualty, or surety insurance, or an employee or representative thereof, shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insure, or after insurance has been effected, a rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or a special favor or advantage in the dividends or other benefits to accrue thereon, or a valuable consideration or inducement whatsoever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the Commissioner as allowed by law. (b) An insured named in a policy, or an employee of the insured, shall not knowingly receive, offer, or accept, directly or indirectly, a rebate, discount, abatement, credit, or reduction of premium, or a special favor or advantage or valuable consideration or inducement, as proscribed by subsection (a) of this section.

Florida - 626.9541. Unfair methods of competition and unfair or deceptive acts or practices defined. (1) Unfair methods of competition and unfair or deceptive acts.--The following are defined as unfair methods of competition and unfair or deceptive acts or practices: … (m) Advertising gifts permitted.--No provision of paragraph (f), paragraph (g), or paragraph (h) shall be deemed to prohibit a licensed insurer or its agent from giving to insureds, prospective insureds, and others, for the purpose of advertising, any article of merchandise having a value of not more than $25.

Georgia - § 33-6-4. Unfair methods of competition and unfair or deceptive acts or practices. (b) The following acts or practices are deemed unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (8)(B) Knowingly permitting or offering to make or making any contract of insurance or agreement as to the contract other than as plainly expressed in the contract issued thereon; paying, allowing, giving, or offering to pay, allow, or give directly or indirectly, as inducement to any contract of insurance, any rebate of premiums payable on the contract, any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract, except in accordance with an applicable rate filing, rating plan, or rating system filed with and approved by the Commissioner; … or receiving or accepting as inducement to contracts of insurance any rebate of premium payable on the contract, any special favor or advantage in the dividends or other benefit to accrue thereon, or any valuable consideration or inducement not specified in the contract. (C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as including within the definition of discrimination or rebates any of the following practices: … (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during group sales presentations and group seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; or (ix) Paying for business meals and entertainment by an insurer or an agent, broker, or employee of an insurer, agent, or broker for current or prospective clients;

Hawaii - § 431:13-103 Unfair methods of competition and unfair or deceptive acts or practices defined. (a) The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: … (8) Rebates. Except as otherwise expressly provided by law: (A) Knowingly permitting or offering to make or making any contract of insurance, or agreement as to the contract other than as plainly expressed in the contract, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to the insurance, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits, or any valuable consideration or inducement not specified in the contract; or (B) Giving, selling, or purchasing, or offering to give, sell, or purchase as inducement to the insurance or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value not specified in the contract.

Idaho - § 41-1314. Rebates--Illegal inducements … (3) Nothing in this section shall be construed as prohibiting a life insurer, property insurer or casualty insurer, or producers who are marketing life insurance, property insurance or casualty insurance, from providing to a policyholder or prospective policyholder of life, property or casualty insurance, any prizes, goods, wares, merchandise, articles or property of an aggregate value of fifty dollars ($50.00) or less.

Illinois - § 5/151. Payment or acceptance of rebates prohibited. § 151. Payment or acceptance of rebates prohibited. (1) No company doing business in this State and no insurance agent or broker shall offer, promise, allow, give, set off or pay, directly or indirectly, any rebate of or part of the premium payable on the policy, or on any policy or agent's commission thereon or earnings, profits, dividends or other benefits founded, arising, accruing or to accrue thereon or therefrom, or any special advantage in date of policy or age of issue, or any paid employment or contract for services of any kind or any other valuable consideration or inducement to or for insurance on any risk in this State, now or hereafter to be written, or for or upon any renewal of any such insurance, which is not specified in the policy contract of insurance, or offer, promise, give, option, sell, purchase any stocks, bonds, securities or property or any dividends or profits accruing or to accrue thereon, or other thing of value whatsoever as inducement to insurance or in connection therewith, or any renewal thereof which is not specified in the policy.

Indiana - § 27-4-1-4 Enumeration of unfair methods of competition, deceptive acts and practices. Sec. 4. The following are hereby defined as unfair methods of competition and unfair and deceptive acts and practices in the business of insurance: … (8) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract or policy of insurance of any kind or kinds whatsoever, including but not in limitation, life annuities, or agreement as to such contract or policy other than as plainly expressed in such contract or policy issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends, savings, or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract or policy.

Iowa - § 507B.4. Unfair methods of competition and unfair or deceptive acts or practices defined. The following are hereby defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: … 8. Rebates. a. Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of life insurance, life annuity or accident and health insurance, or agreement as to such contract other than as plainly expressed in the contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract.

Bulletin 07-5 (10/1/97) Under Iowa law, it is an unfair trade practice to offer a prospective purchaser of a life, annuity, accident and health, or personal lines insurance policy a reduction in premium or any other item of value as an inducement to purchase the insurance unless the reduction of value is contained in the insurance contract. There is no set dollar amount for how much "value" an item or offer must have to constitute a rebate, but--generally--it has to be something which would serve as an inducement to choose one policy over another similar policy, or would induce a person to come to a solicitation. Notwithstanding the general rule above, producers and insurers may give gifts to policyholders or prospective policyholders if the gift is not contingent on the purchase of insurance. Generally, producers and insurers that give the same gift to all customers, regardless of whether they purchase or renew a product, will not be in violation of Iowa law.

Kansas - § 40-966. Same; premiums; account charged in accordance with act; rebates and other inducements prohibited. … No insurer or employee thereof, and no broker or agent shall pay, allow, or give, or offer to pay, allow to give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing. No insured named in a policy of insurance, or any employee of such insured shall knowingly receive or accept directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or valuable consideration or inducement.

**Need to review and determine continuing authority of Kansas Attorney General Opinion 73-209 (6/15/73), which defines inducement to insurance as tying inducement to purchase of insurance and not merely to obtaining leads.

Kentucky - § 304.12-110 Illegal inducements prohibited. No insurer, insurance producer as defined in KRS 304.9-020(7), or other person shall, as an inducement to insurance, or in connection with any insurance transaction, provide in any policy for, or offer, sell, buy, or offer or promise to buy, sell, give, promise, or allow to the insured or prospective insured or to any other person on his behalf in any manner whatsoever: … (4) Any prizes, goods, wares, merchandise, or property of an aggregate value in excess of twenty-five dollars ($25).

Louisiana - § 1214. Methods, acts, and practices which are defined herein as unfair or deceptive. The following are declared to be unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: … (8) Rebates. Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of insurance including life insurance, life annuity or health and accident insurance, or agreement as to such contract other than as plainly expressed in the contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract

Maine - § 2163-A. Permitted activities. Notwithstanding any other provision in sections 2160 to 2163, an insurer, employee of an insurer or producer may offer to give gifts in connection with marketing for the sale or retention of contracts of insurance provided the cost does not exceed $20 per year per policy or quote, and conduct raffles or drawings, so long as there is no participation costs to entrants, in which case prizes may be valued in excess of $20 but not more than $100. … Gifts and prizes given pursuant to this section may not be in the form of cash, check or other cash equivalent.

Maryland - § 27-212. Rebates and unfair discrimination--insurance other than life insurance, health insurance, and annuities. … (b) Except to the extent provided for in an applicable filing with the Commissioner as provided by law, an insurer, employee or representative of an insurer or insurance producer may not pay, allow, give, or offer to pay, allow, or give directly or indirectly as an inducement to insurance or after insurance has become effective: (1) a rebate, discount, abatement, credit, or reduction of the premium stated in the policy; (2) a special favor or advantage in the dividends or other benefits to accrue on the policy; or (3) any valuable consideration or other inducement not specified in the policy. (c) An insured named in a policy or an employee of the insured may not knowingly receive or accept directly or indirectly a rebate, discount, abatement, credit, reduction of premium, special favor, advantage, valuable consideration, or inducement described in subsection (b) of this section. (d) Except as otherwise provided by law, a person may not knowingly offer, promise, or give any valuable consideration not specified in the policy, except for educational materials, promotional materials, or articles of merchandise that cost less than $10, regardless of whether a policy is purchased.

Massachusetts - § 182. Special inducements, etc.; rebates; loans in connection with student loan insurance programs. No company, no officer or agent thereof and no insurance broker shall pay or allow, or offer to pay or allow, in connection with placing or negotiating any policy of insurance or any annuity or pure endowment contract or the continuance or renewal thereof, any valuable consideration or inducement not specified in the policy or contract, or any special favor or advantage in the dividends or other benefits to accrue thereon; or shall give, sell or purchase, or offer to give, sell or purchase, anything of value whatsoever not specified in the policy; or shall give, sell, negotiate, deliver, issue, or authorize to issue or offer to give, sell, negotiate, deliver, issue, or authorize to issue any policy of workers' compensation insurance, or any motor vehicle liability bond or any motor vehicle liability policy, both as defined in section thirty-four A of chapter ninety, at a rate different from that fixed, established or approved by the commissioner. No such company, officer, agent or broker shall at any time pay or allow, or offer to pay or allow, any rebate of any premium paid or payable on any policy of insurance or any annuity or pure endowment contract.

Michigan - 500.2066. Rebates, illegal inducements. Sec. 2066. (1) No insurer, by itself or any other party, and no insurance agent or solicitor, personally or by any other party, transacting any kind of insurance business shall offer, promise, allow, give, set off or pay, directly or indirectly, any rebate of, or part of, the premium payable on the policy or on any policy, or agent's commission thereon, or earnings, profit, dividends or other benefit founded, arising, accruing or to accrue thereon, or therefrom, or any other valuable consideration or inducement to or for insurance, on any risk in this state now or hereafter to be written, which is not specified in the contract of insurance

Minnesota - 72A.08. Laws against rebate. Subdivision 1. Rebate defined and prohibited. No insurance company or association, however constituted or entitled, including any affiliate of the insurance company or association, doing business in this state, nor any officer, agent, subagent, solicitor, employee, intermediary, or representative thereof, shall make or permit any advantage or distinction in favor of any insured individual, firm, corporation, or association with respect to the amount of premium named in, or to be paid on, any policy of insurance, or shall offer to pay or allow directly or indirectly or by means of any device or artifice, as inducements to insurance, any rebate or premium payable on the policy, or any special favor or advantage in the dividends or other profit to accrue thereon, or any valuable consideration or inducement not specified in the policy contract of insurance

Mississippi - § 83-3-121. Rebates; prohibition. No insurance company, or employee thereof, and no broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with the applicable filing approved in the manner herein provided. No such insurer or employee or agent thereof shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance or after insurance has been affected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance. No insured named in a policy of insurance nor any employee of such insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, or reduction of premium, or any special favor or advantage or valuable consideration or inducement.

Missouri - § 375.936. Unfair practices defined. Any of the following practices, if committed in violation of section 375.934, are hereby defined as unfair trade practices in the business of insurance: … (9) "Rebates": (a) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of life insurance, life annuity, accident and health insurance or other insurance, or agreement as to such contract other than as plainly expressed in the insurance contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract.

Montana - § 33-18-210. Unfair discrimination and rebates prohibited -- property, casualty, and surety insurances. (1) A title, property, casualty, or surety insurer or an employee, representative, or insurance producer of an insurer may not, as an inducement to purchase insurance or after insurance has been effected, pay, allow, or give or offer to pay, allow, or give, directly or indirectly, a: (a) rebate, discount, abatement, credit, or reduction of the premium named in the insurance policy; (b) special favor or advantage in the dividends or other benefits to accrue on the policy; or (c) valuable consideration or inducement not specified in the policy, except to the extent provided for in an applicable filing with the commissioner as provided by law. (2) An insured named in a policy or an employee of the insured may not knowingly receive or accept, directly or indirectly, a: (a) rebate, discount, abatement, credit, or reduction of premium; (b) special favor or advantage; or (c) valuable consideration or inducement.

Nebraska - § 44-361. Rebates; prohibited; interest-free credit not a rebate; when. No insurance company, by itself or any other party, and no insurance agent or broker, personally or by any other party, shall offer, promise, allow, give, set off, or pay, directly or indirectly, any rebate of, or part of, the premium payable on the policy, or of any policy, or agent's commission thereon, or earnings, profits, dividends, or other benefits founded, arising, accruing or to accrue thereon or therefrom, or any paid employment or contract for service, or for advice of any kind, or any other valuable consideration or inducement to, or for insurance, on any risk authorized to be taken under section 44-201 now or hereafter to be written, which is not specified in the policy contract of insurance

Nevada - § 686A.130. Property, casualty, surety and title insurance: Unfair discrimination and rebates prohibited. 1. No property, casualty, surety or title insurer or underwritten title company or any employee or representative thereof, and no broker, agent or solicitor may pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the commissioner. … 3. No insured named in a policy or any employee of that insured may knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement.

New Hampshire - § 402:39 Offering Rebates, etc. No insurance company, by itself or another, and no insurance agent, solicitor or broker, personally or by another, shall offer, promise, allow, give, set off or pay, directly or indirectly, as inducement to insurance, on any risk in this state, any rebate of or part of the premium payable on any policy or of the agent's commission thereon; nor offer, promise, allow, give, set off or pay, directly or indirectly, as inducement to such insurance, any earnings, profits, dividends or other benefit, founded, arising, accruing, or to accrue on such insurance or therefrom, or any other valuable consideration, which is not specified, promised or provided for in the policy contract of insurance.

§ 417:4 Unfair Methods, Acts, and Practices Defined. The following are hereby defined as unfair methods of competition and unfair and deceptive acts and practices in the business of insurance: IX REBATES. (a) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of insurance or agreement as to such contract other than as plainly expressed in the contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract

New Jersey - Reg. 11:17A-2.3. Rebates and inducements; prohibited practices. (a) No insurance producer shall offer, make or give, or permit to be offered, made or given, to any person directly or indirectly, an inducement to purchase insurance other than that plainly expressed in the insurance contract. (b) No insurance producer shall offer, pay or give, or permit to be offered, paid or given, to any person, directly or indirectly, any rebate of premiums payable on a contract of insurance, other than that plainly expressed in the contract or provided for in ratings systems filed by or on behalf of the insurer writing the contract and approved by the Commissioner. (c) No insurance producer shall offer, pay or give, or permit to be offered, paid or given, to any person, directly or indirectly, anything of value in return for that person's agreement not to purchase insurance from another insurance producer or insurer. (d) No insurance producer shall offer, pay or give, or permit to be offered, paid or given, to any person, directly or indirectly, anything of value as compensation for being unable to offer a comparable or better insurance program at less cost. (e) The provisions of this section shall apply whether or not a contract of insurance is ultimately effected.

New Mexico - § 59A-16-17. Unfair discrimination, rebates prohibited; other coverages. A. No property, casualty, marine and transportation, surety, vehicle or title insurer, or nonprofit health care or prepaid dental plan or other insurance-type organization, or any employee or representative thereof, and no broker, agent, solicitor or other representative shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance or coverage, or after insurance or coverage has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the superintendent as provided by law.

New York - § 2324. Rebating and discrimination (a) No authorized insurer, no licensed insurance agent, no licensed insurance broker, and no employee or other representative of any such insurer, agent or broker shall make, procure or negotiate any contract of insurance other than as plainly expressed in the policy or other written contract issued or to be issued as evidence thereof, or shall directly or indirectly, by giving or sharing a commission or in any manner whatsoever, pay or allow or offer to pay or allow to the insured or to any employee of the insured, either as an inducement to the making of insurance or after insurance has been effected, any rebate from the premium which is specified in the policy, or any special favor or advantage in the dividends or other benefit to accrue thereon, or shall give or offer to give any valuable consideration or inducement of any kind, directly or indirectly, which is not specified in such policy or contract, other than any article of merchandise not exceeding fifteen dollars in value which shall have conspicuously stamped or printed thereon the advertisement of the insurer, agent or broker, or shall give, sell or purchase, or offer to give, sell or purchase, as an inducement to the making of such insurance or in connection therewith, any stock, bond or other securities or any dividends or profits accrued thereon, nor shall the insured, his agent or representative knowingly receive directly or indirectly, any such rebate or special favor or advantage, provided, however, a licensed insurance agent or a licensed insurance broker may retain the usual commission or underwriting fee on insurance placed on his own property or risks, if the aggregate of such commissions or underwriting fees will not exceed five percent of the total net commissions or underwriting fees received by such licensed insurance agent or insurance broker during the calendar year.

North Carolina - § 58-33-85. Rebates and charges in excess of premium prohibited; exceptions. (a) No insurer, agent, broker or limited representative shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance with the applicable filing approved by the Commissioner. No insurer, agent, broker or limited representative shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance. No insured named in a policy of insurance, nor any employee of such insured, shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement or reduction of premium, or any special favor or advantage or valuable consideration or inducement.

North Dakota - § 26.1-25-16 Rebates prohibited. No insurance producer may knowingly charge, demand, or receive a premium for any insurance policy except in accordance with this chapter. No insurer or employee of an insurer, and no broker or agent may pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in an insurance policy, or any special favor or advantage in the dividends or other benefits to accrue on the policy, or any valuable consideration or inducement whatever, not specified in the insurance policy, except to the extent provided for in applicable filing. No insured named in an insurance policy, nor any employee of the insured, may knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any such special favor or advantage or valuable consideration or inducement.

Ohio - § 3933.01 Prohibition against rebates and advantages in policies. No corporation, association, or partnership engaged in this state in the guaranty, bonding, surety, or insurance business, other than life insurance, nor any officer, agent, solicitor, employee, of representative thereof, shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as inducements to insurance, and no person shall knowingly receive as an inducement to insurance, any rebate of premium payable on the policy, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any paid employment or contract for services of any kind, or any special advantage in the date of the policy or date of its issue, or any valuable consideration or inducement not plainly specified in the policy or contract of insurance or agreement of indemnity

Oklahoma - § 1204. Unfair methods of competition and unfair or deceptive acts or practices defined. The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: 8. Rebates. (a) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of insurance or agreement as to such contract other than as plainly expressed in the contract issued thereon; or paying or allowing, or giving or offering to pay, allow or give, directly or indirectly, as inducement to any contract of insurance, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract.

Oregon - § 746.045. Rebates. No person shall personally or otherwise offer, promise, allow, give, set off, pay or receive, directly or indirectly, any rebate of or rebate of part of the premium payable on an insurance policy or the insurance producer's commission thereon, or earnings, profit, dividends or other benefit founded, arising, accruing or to accrue on or from the policy, or any other valuable consideration or inducement to or for insurance on any domestic risk, which is not specified in the policy.

Pennsylvania - § 310.45. Rebates prohibited. (a) Prohibition.--No insurance producer shall, directly or indirectly, offer, promise, allow, give, set off or pay a rebate of, or part of, a premium payable on the contract of insurance or on the insurance producer's commission, earnings, profits, dividends or other benefit founded, arising, accruing or to accrue thereon, or any special advantage in date of policy or age of issue, or any paid employment or contract for services of any kind, or any other valuable consideration or inducement, to or for insurance on a risk in this Commonwealth which is not specified in the contract of insurance.

§ 310.46. Inducements prohibited. (a) Prohibition.--No insurance producer shall, directly or indirectly, offer, promise, give, option, sell or purchase any stocks, bonds, securities or property, or any dividends or profits accruing or to accrue thereon, or other thing of value whatsoever, as an inducement to purchase a contract of insurance.

§ 471. Rebates and inducements prohibited. No insurance company, association, or exchange, by itself or by its officers or members, attorney-in-fact or by any other party, shall offer, promise, allow, give, set off, or pay, directly or indirectly, any rebate of, or part of, the premium payable on the policy, or on any policy or agent's commission thereon, or earnings, profit, dividends, or other benefit founded, arising, accruing, or to accrue thereon or therefrom, or any special advantage in date of policy or age of issue, or any paid employment or contract for services of any kind, or any other valuable consideration or inducement, to or for insurance on any risk in this Commonwealth, now or hereafter to be written, which is not specified in the policy contract of insurance

Rhode Island - § 27-6-46. Terms to be stated in policy--Rebates prohibited. No insurer, or any officer, insurance producer, or representative of an insurer, shall make any contract for insurance, on property on risks located within this state, or against any liability, casualty, accident, or hazard that may arise or occur in this state, or any agreement as to that contract, other than as plainly expressed in the policy issued or to be issued on the agreement or contract; or shall any insurer, or officer, insurance producer, or representative of an insurer, directly or indirectly, in any manner, pay or allow or offer to pay or allow to the insured named in the policy or to any employee of the insured as an inducement to that insurance, or after the insurance shall have been effected, any rebate from the premium which is specified in the policy or any special favor or advantage in the dividends or other benefit to accrue on the policy; or any valuable consideration or inducement not specified in the policy or contract of insurance

South Carolina - § 38-57-130. Misrepresentations, special inducements, and rebates prohibited on all insurance contracts. … (3) No person may pay, allow, or give or offer to pay, allow, or give, directly or indirectly, as inducement to the purchase or the renewal of an insurance contract, any rebate of premiums payable on the contract, any special favor or advantage in any benefits payable thereon, or any valuable consideration or inducement that is not specified in the contract.

§ 38-57-160. Advertising gifts permitted. Sections 38-57-130, 38-57-140, and 38-57-150 do not prohibit a licensed agent from giving to insureds, prospective insureds, and to others, for the purpose of advertising, any article of merchandise having a value of not more than five dollars and having an advertisement for the insurer or agent printed on it. Nothing within this section precludes any licensed agent from providing refreshments during a sales presentation which do not exceed ten dollars a person in cost.

South Dakota - § 58-33-24. Rebate, discount, or special advantage as misdemeanor—Exception. No insurer or any employee or representative thereof, and no insurance producer may pay, allow, or give, or offer to pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in the policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy, except to the extent provided for in an applicable filing with the director as provided by law.

Tennessee - § 56-8-104. Unfair competition or deceptive acts or practices. The following are hereby specifically defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: (7) REBATES. (A) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of insurance or agreement as to such contract other than as plainly expressed in the insurance contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatsoever not specified in the contract.

Texas - Art. 5.20. Rebates Prohibited. (a) Except as provided by this article, no insurer or employee thereof, and no broker or agent shall knowingly issue any policy of insurance nor charge, demand or receive a premium thereon except in accordance with the applicable filing. No insurer or employee thereof, and no broker or agent shall pay, allow or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in such applicable filing. No insured named in a policy of insurance, nor any employee of such insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatements, or reduction of premium, or any special favor or advantage or valuable consideration or inducement.

Utah - R590-154-11. Inducements, gifts and merchandise given in connection with solicitation or sale of insurance. A. A licensee may not give or offer to give any prizes, goods, wares, merchandise or item of value as an inducement to enter into any insurance or annuity contract or as an inducement to receive a quote, submit an application or in connection with any other solicitation for the sale of an insurance or annuity contract. However, anything with an acquisition cost of $3.00 or less shall not be considered an inducement. B. Subsection A of this section does not prohibit the giving of promotional gifts or merchandise that is generally available to the public and not given in a manner to constitute an inducement to receive a quote or other solicitation or to purchase any insurance or annuity contract, nor does it prohibit insurers from providing sales incentives to producers. C. This section does not prohibit the usual kinds of social courtesies as long as they are not related to a particular transaction as stated in Subsection 31A-23-302(2)(a). If the receiving of the social courtesy is dependant on obtaining a quote, submitting an application or purchasing a policy or contract, it is related to a particular transaction.

Vermont - § 3861 Discrimination and rebates prohibited. … nor shall such company or agent pay or allow, or offer to pay or allow, and no person shall accept as an inducement to insurance, a rebate or premium payable on the policy, or a special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement not specified in the policy contract of insurance.

Virginia - § 1214 Rebating. (a) Except to the extent provided for in an applicable filing with the Commissioner then in effect, no insurer, general agent, agent, broker, or solicitor shall, as an inducement to insurance, or after insurance has been effected, directly or indirectly, offer, promise, allow, give, set off, or pay to the insured or to any employee of the insured, any rebate, discount, abatement, or reduction of premium or any part thereof named in any insurance contract, or any commission thereof, or earnings, profits, dividends, or other benefit, or any other valuable consideration or inducement whatsoever which is not expressly provided for in the policy.

§ 1218 Rebate, acceptance prohibited. (a) No insured person shall receive or accept, directly or indirectly, any rebate of premium or part thereof, or any favor, advantage, share in dividends, or other benefit, or any valuable consideration or inducement not specified or provided for in the policy

Washington - § 48.30.150. Illegal inducements No insurer, general agent, agent, broker, solicitor, or other person shall, as an inducement to insurance, or in connection with any insurance transaction, provide in any policy for, or offer, or sell, buy, or offer or promise to buy or give, or promise, or allow to, or on behalf of, the insured or prospective insured in any manner whatsoever: (1) Any shares of stock or other securities issued or at any time to be issued on any interest therein or rights thereto; or (2) Any special advisory board contract, or other contract, agreement, or understanding of any kind, offering, providing for, or promising any profits or special returns or special dividends; or (3) Any prizes, goods, wares, or merchandise of an aggregate value in excess of twenty-five dollars.

West Virginia - § 33-11-4. Unfair methods of competition and unfair or deceptive acts or practices defined. The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: (8) Rebates.- (a) Except as otherwise expressly provided by law, no person shall knowingly permit or offer to make or make any contract of life insurance, life annuity, or accident and sickness insurance, or agreement as to any contract other than as plainly expressed in the insurance contract issued thereon, or pay or allow or give or offer to pay, allow or give, directly or indirectly, as inducement to any insurance or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract.

Wisconsin - § 628.34. Unfair marketing practices…(2) Unfair inducements. (a) General. No insurer, no employee of an insurer, and no insurance intermediary may seek to induce any person to enter into an insurance contract or to terminate an existing insurance contract by offering benefits not specified in the policy, nor may any insurer make any agreement of insurance that is not clearly expressed in the policy to be issued. This subsection does not preclude the reduction of premiums by reason of expense savings, including commission reductions, resulting from any form of mass marketing.

Wyoming - § 26-13-112. Unfair discrimination, rebates and favors prohibited for property, casualty and surety insurers. (a) No property, casualty or surety insurer or any employee or representative thereof, and no broker or agent shall pay, allow or give, or offer to pay, allow or give, in any manner, as an inducement to insurance, or after insurance has been effected, any valuable consideration or inducement of any kind not specified or provided for in the policy, except to the extent provided for in an applicable filing with the commissioner as provided by law.

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