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Pennsylvania Statutes Title 40 P.S. Insurance § 310.46. Inducements prohibited

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(a) Prohibition.-- Except as otherwise provided in this section, 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.  Nothing in this section shall be construed to prevent the taking of a bona fide obligation, with legal interest, in payment of any premium.  This section shall not prohibit payment or receipt of referral fees in accordance with this act.

(a.1) Exception.--An insurance producer may offer or give to an insured or a prospective insured, on an annual aggregate basis, any favor, advantage, object, valuable consideration or anything other than money that has a cost of or a redeemable value of less than or equal to $100.  The commissioner may increase this amount upon publication of notice in the Pennsylvania Bulletin.

(a.2) Receipt contingent on purchase.--Notwithstanding any other provision of this section to the contrary, an insurance producer may not make receipt of anything of value contingent on the purchase of insurance.

(b) Penalty.--A person that violates subsection (a) commits a misdemeanor of the third degree.

(c) Construction.--Nothing in this section shall be construed as:

(1) permitting any unfair method of competition or an unfair or deceptive act or practice under the act of July 22, 1974 (P.L. 589, No. 205), known as the Unfair Insurance Practices Act;  1  or

(2) prohibiting an insurance producer from offering or giving to an insured, for free or at a discounted price, services or other offerings that relate to loss control of the risks covered under the policy.

1  40 P.S. § 1171.1 et seq.

Cite this article: - Pennsylvania Statutes Title 40 P.S. Insurance § 310.46. Inducements prohibited - last updated January 01, 2019 |

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