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2007 Minnesota Statutes
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Chapter 62A
Section 62A.41
Topics
Recent History
- 2001 Subd. 4 Amended 2001 c 117 art 2 s 7
This is an historical version of this statute chapter. Also view the most recent published version.
62A.41 PENALTIES.
Subdivision 1. Generally. Any insurer, general agent, agent, or other person who knowingly
or willfully, either directly or indirectly, makes or causes to be made or induces or seeks to induce
the making of any false statement or representation of a material fact with respect to compliance
of any policy with the standards and requirements set forth in this section; falsely assumes or
pretends to be acting, or misrepresents in any way, including a violation of section 62A.37,
that the person is acting, under the authority or in association with Medicare, or any federal
agency, for the purpose of selling or attempting to sell insurance, or in such pretended character
demands, or obtains money, paper, documents, or anything of value; or knowingly sells a health
insurance policy to an individual entitled to benefits under part A or part B of Medicare with the
knowledge that such policy substantially duplicates health benefits to which such individual is
otherwise entitled under a requirement of state or federal law other than under Medicare shall be
guilty of a felony and subject to a civil penalty of not more than $5,000 per violation, and the
commissioner may revoke or suspend the license of any company, association, society, other
insurer, or agent thereof.
Subd. 2. Sales of replacement policies. An insurer or general agent, agent, manager's
general agent, or other representative, who knowingly or willfully violates section 62A.40 is
guilty of a felony and is subject to a civil penalty of not more than $5,000 per violation.
Subd. 3. Sales of duplicate policies. An agent who knowingly or willfully violates section
62A.43, subdivision 1, is guilty of a felony and is subject to a civil penalty of not more than
$5,000 per violation.
Subd. 4. Unlicensed sales. Notwithstanding section 60K.32, a person who acts or assumes to
act as an insurance producer without a valid license for the purpose of selling or attempting to sell
Medicare supplement insurance, and the person who aids or abets the actor, is guilty of a felony
and is subject to a civil penalty of not more than $5,000 per violation.
History: 1981 c 318 s 11; 1986 c 444; 1989 c 258 s 7; 1992 c 564 art 3 s 21; 2001 c 117 art
2 s 7
Subdivision 1. Generally. Any insurer, general agent, agent, or other person who knowingly
or willfully, either directly or indirectly, makes or causes to be made or induces or seeks to induce
the making of any false statement or representation of a material fact with respect to compliance
of any policy with the standards and requirements set forth in this section; falsely assumes or
pretends to be acting, or misrepresents in any way, including a violation of section 62A.37,
that the person is acting, under the authority or in association with Medicare, or any federal
agency, for the purpose of selling or attempting to sell insurance, or in such pretended character
demands, or obtains money, paper, documents, or anything of value; or knowingly sells a health
insurance policy to an individual entitled to benefits under part A or part B of Medicare with the
knowledge that such policy substantially duplicates health benefits to which such individual is
otherwise entitled under a requirement of state or federal law other than under Medicare shall be
guilty of a felony and subject to a civil penalty of not more than $5,000 per violation, and the
commissioner may revoke or suspend the license of any company, association, society, other
insurer, or agent thereof.
Subd. 2. Sales of replacement policies. An insurer or general agent, agent, manager's
general agent, or other representative, who knowingly or willfully violates section 62A.40 is
guilty of a felony and is subject to a civil penalty of not more than $5,000 per violation.
Subd. 3. Sales of duplicate policies. An agent who knowingly or willfully violates section
62A.43, subdivision 1, is guilty of a felony and is subject to a civil penalty of not more than
$5,000 per violation.
Subd. 4. Unlicensed sales. Notwithstanding section 60K.32, a person who acts or assumes to
act as an insurance producer without a valid license for the purpose of selling or attempting to sell
Medicare supplement insurance, and the person who aids or abets the actor, is guilty of a felony
and is subject to a civil penalty of not more than $5,000 per violation.
History: 1981 c 318 s 11; 1986 c 444; 1989 c 258 s 7; 1992 c 564 art 3 s 21; 2001 c 117 art
2 s 7
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Revisor of Statutes