Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
60A.38 INTERPRETATION AND PENALTIES.
Subdivision 1. Sections not exclusive. Sections 60A.35 to 60A.38 are not exclusive, and
the commissioner may also consider other provisions of Minnesota law to be applicable to the
circumstances or situations addressed by sections 60A.35 to 60A.38. The rights provided by
sections 60A.35 to 60A.38 are in addition to and do not prejudice any other rights the policyholder
may have at common law, under statute, or rules.
Subd. 2. Penalties. A violation of any provisions of sections 60A.35 to 60A.38 shall be
deemed to be an unfair trade practice in the business of insurance and shall subject the violator to
the penalties provided by sections 72A.17 to 72A.32 in addition to any other penalty provided
by law.
Subd. 3. Notices required. All notices required by sections 60A.35 to 60A.38 shall only
be made by first class mail addressed to the policyholder's last known address or by delivery to
the policyholder's last known address. Notice by first class mail is effective upon deposit in the
United States mail. In addition to giving notice to the policyholder, the insurer must also give
notice to the agent of record, if any, in the manner specified for the policyholder.
Subd. 4. Proof of mailing notice. Unless otherwise specifically required, United States
Postal Service proof of mailing of the notice of cancellation, reduction in the limits of liability of
coverage, or nonrenewal of an insurance policy is sufficient proof the proper notice has been given.
History: 1987 c 337 s 26; 1990 c 475 s 1
Subdivision 1. Sections not exclusive. Sections 60A.35 to 60A.38 are not exclusive, and
the commissioner may also consider other provisions of Minnesota law to be applicable to the
circumstances or situations addressed by sections 60A.35 to 60A.38. The rights provided by
sections 60A.35 to 60A.38 are in addition to and do not prejudice any other rights the policyholder
may have at common law, under statute, or rules.
Subd. 2. Penalties. A violation of any provisions of sections 60A.35 to 60A.38 shall be
deemed to be an unfair trade practice in the business of insurance and shall subject the violator to
the penalties provided by sections 72A.17 to 72A.32 in addition to any other penalty provided
by law.
Subd. 3. Notices required. All notices required by sections 60A.35 to 60A.38 shall only
be made by first class mail addressed to the policyholder's last known address or by delivery to
the policyholder's last known address. Notice by first class mail is effective upon deposit in the
United States mail. In addition to giving notice to the policyholder, the insurer must also give
notice to the agent of record, if any, in the manner specified for the policyholder.
Subd. 4. Proof of mailing notice. Unless otherwise specifically required, United States
Postal Service proof of mailing of the notice of cancellation, reduction in the limits of liability of
coverage, or nonrenewal of an insurance policy is sufficient proof the proper notice has been given.
History: 1987 c 337 s 26; 1990 c 475 s 1
Official Publication of the State of Minnesota
Revisor of Statutes