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Article 1 - General Provisions
§ 83-5-1. Concerns subject to department - All indemnity or guaranty companies, all companies, including those companies...
§ 83-5-3. All companies to submit to all laws of state - Every insurance company, foreign or domestic, that qualifies to do...
§ 83-5-5. Terms defined - When consistent with the context and not obviously used in...
§ 83-5-7. Situs of contract - It shall be unlawful for any company to make any...
§ 83-5-9. Business to be conducted in corporate name - Every insurance company, foreign or domestic, shall conduct its business...
§ 83-5-11. Legal process - When legal process is served upon the commissioner as attorney...
§ 83-5-13. Laws applicable - The general provisions of law relative to the powers, duties,...
§ 83-5-15. License fees for each class of business - No insurance company admitted to do business in the state...
§ 83-5-17. Revocation of license; administrative fine; funding of agency expenses; deposit of monies into State General Fund - The Commissioner of Insurance may, after notice and a hearing,...
§ 83-5-19. Sale of stock regulated - Every such insurance company, corporation, or association of individuals shall...
§ 83-5-21. License revoked if judgments not paid - If a judgment shall be rendered by any court in...
§ 83-5-23. Reserves required - Every company transacting a fire, marine, inland, accident or casualty,...
§ 83-5-25. Certain insurance prohibited - No life insurance company, mutual aid association, fraternal benefit society,...
§ 83-5-27. Discrimination through fictitious grouping prohibited - No stock, mutual, reciprocal, or other insurer shall make available...
§ 83-5-29. Insurance business practices regulated - The purpose of Sections 83-5-29 through 83-5-51 is to regulate...
§ 83-5-30. Notice of withdrawal, cancelation, or failure to renew insurance; penalties - Any insurer selling property and casualty insurance shall not withdraw,...
§ 83-5-31. Definitions - When used in Sections 83-5-29 through 83-5-51: "Person" shall mean...
§ 83-5-33. Unfair methods of competition and deceptive practices prohibited - No person shall engage in this state in any trade...
§ 83-5-35. Unfair methods of competition and unfair or deceptive acts or practices defined - The following are hereby defined as unfair methods of competition...
§ 83-5-37. Power of commissioner - The commissioner shall have power to examine and investigate into...
§ 83-5-47. Judicial review by intervenor - If the report of the commissioner does not charge a...
§ 83-5-49. Penalty for violation of cease and desist order - Any person who willfully violates a cease and desist order...
§ 83-5-51. Provisions cumulative - Sections 83-5-29 through 83-5-51 are hereby declared to be cumulative...
§ 83-5-53. Blank forms furnished - It shall be the duty of the commissioner to make...
§ 83-5-57. Reinsurance returns made annually - Every fire insurance company now or hereafter admitted shall annually,...
§ 83-5-59. Statements examined and abstracts published - It shall be the duty of the commissioner to receive...
§ 83-5-61. Certain premiums declared and taxed - All corporations, firms, persons, or individuals obtaining insurance on property...
§ 83-5-63. Penalty for failure to declare - Any corporation, firm, person, or individual, resident in this state,...
§ 83-5-65. Books exhibited - It shall be the duty of any person having in...
§ 83-5-67. License revoked if statement untrue - If the commissioner shall become satisfied at any time that...
§ 83-5-69. Penalty for failure to file statements and making false return; funding of agency expenses; deposit of monies into State General Fund - Any company that neglects to make and file its quarterly...
§ 83-5-71. Duration of license - The licenses issued under this chapter shall continue for the...
§ 83-5-72. Life, health and accident insurance companies and health maintenance organizations to contribute to Insurance Department Fund; funding of agency expenses; deposit of monies into State General Fund - All life, health and accident insurance companies and health maintenance...
§ 83-5-73. Fees for commissioner; funding of agency expenses; deposit of monies into State General Fund - The commissioner shall collect and pay into the special fund...
§ 83-5-75. Fees of fraternal orders - For all larger fraternal orders, as defined in Section 83-30-1,...
§ 83-5-77. Publication fees; funding of agency expenses; deposit of monies into State General Fund - For publication of annual statement, there shall be a fee...
§ 83-5-79. Investigation of complaint by citizens - Complaint being filed by any citizen of this state that...
§ 83-5-81. Suit for payment of expense if refused - If any company shall fail or refuse to pay all...
§ 83-5-83. Refusal to comply; license revoked - If any company, corporation, or association while holding a license...
§ 83-5-85. General penalty - For violation of any provisions of the insurance laws of...
§ 83-5-87. Contents of residential property insurance policy - An insurance company shall not issue a residential property insurance...
§ 83-5-91. Health insurance for person called to serve on active military duty by executive order of the President of the United States - The Commissioner of Insurance shall issue, within thirty (30) days...
§ 83-5-93. Proposing party to provide impact report on legislation to enact mandated health care coverage - Before the Legislature's consideration of any bill that mandates health...
§ 83-5-95. Contents of impact report - The report required under Section 83-5-93 or assessing the impact...
Article 2 - Audit of Financial Statements of Insurers
§ 83-5-101. Audited financial report - All insurers shall have an annual audit by an independent...
§ 83-5-102. Definitions - [Effective from and after January 1, 2020, this section will...
§ 83-5-103. Content of annual audited financial report - The annual audited financial report shall report the financial position...
§ 83-5-104. Exemptions - Every insurer shall be subject to Sections 83-5-101 through 83-5-113....
§ 83-5-105. Extensions - Extensions of the June 1 filing date may be granted...
§ 83-5-106. Designation of independent certified public accountants - Each insurer required to file an annual audited financial report...
§ 83-5-107. Qualifications of independent certified public accountant - The insurer shall file, with its annual statement filing, the...
§ 83-5-108. Consolidated or combined audits - An insurer may make written application to the commissioner for...
§ 83-5-109. Scope of examination and report of independent certified public accountant - Financial statements furnished pursuant to Section 83-5-103 shall be audited...
§ 83-5-110. Notification of adverse financial condition - The insurer required to furnish the annual audited financial report...
§ 83-5-111. Report on significant deficiencies in internal controls - In addition to the annual audited financial report, each insurer...
§ 83-5-112. Accountant's letter of qualifications - The accountant shall furnish the insurer in connection with, and...
§ 83-5-113. Definition, availability and maintenance of certified public accountant work papers - Work papers are the records kept by the independent certified...
§ 83-5-114. Severability - If any section or portion of a section of Sections...
§ 83-5-119. Requirements for audit committees - [Effective from and after January 1, 2020, this section will...
§ 83-5-120. Internal audit function requirements - Note: An insurer or group of insurers exempt from the...
§ 83-5-123. Management's report of internal control over financial reporting - may file its or its parent's Section 404 Report and...
Article 3 - Periodic Financial Examinations of Insurers
§ 83-5-201. Purpose of sections 83-5-201 through 83-5-217 - The purpose of Sections 83-5-201 through 83-5-217 is to provide...
§ 83-5-203. Definitions - The following terms as used in Sections 83-5-201 through 83-5-217...
§ 83-5-209. Contents of examination report; filing of report; opportunity to respond to report; review of report by and order of commissioner; hearings; confidentiality of examination reports; disclosure of reports - Nothing contained in this section shall require the department to...
§ 83-5-213. Compensation and expenses of examiner - The compensation and expense of such examiner shall not exceed...
§ 83-5-215. Reports to be furnished to State Tax Commission; Tax Commission not precluded from performing additional audits - The results of audits performed hereunder by the commissioner shall...
Article 4 - "Insurable Interest" Requirements
§ 83-5-253. Consent of insured required in certain cases - No life or health insurance contract upon an individual, except...
§ 83-5-255. Enforcement by commissioner - The Commissioner of Insurance is authorized to use any of...
§ 83-5-257. Provisions cumulative of existing statutory and common law - Sections 83-5-251 through 83-5-257 are cumulative of existing law in...
Article 5 - Filing Copy of Annual Statement With National Association of Insurance Commissioners; Generation of Reports
§ 83-5-301. Applicability of Sections 83-5-301 through 83-5-309 - Sections 83-5-301 through 83-5-309 shall apply to all domestic, foreign...
§ 83-5-305. Civil liability of those dealing with information developed from filings - In the absence of actual malice, members of the National...
§ 83-5-307. Confidentiality - All financial analysis ratios and examination synopses concerning insurance companies...
§ 83-5-309. Failure to file; revocation, suspension or refusal of certificate of authority - The Commissioner of Insurance may suspend, revoke or refuse to...
Article 6 - Disclosure of Material Acquisitions, Dispositions of Assets, and Reinsurance Agreements
§ 83-5-357. Promulgation of rules and regulations - The commissioner, after notices and hearings, may promulgate rules and...
Article 7 - Risk-Based Capital Level Requirements
§ 83-5-401. Definitions - As used in Sections 83-5-401 through 83-5-427, the following words...
§ 83-5-413. Hearings - In order to maintain the integrity of proceedings and prevent...
§ 83-5-419. Filing of RBC report or plan by foreign insurer - Any foreign insurer shall, at the written request of the...
§ 83-5-421. Liability of commissioner, department, employees or agents - There shall be no liability on the part of, and...
§ 83-5-423. Severability of provisions - If any provision of Sections 83-5-401 through 83-5-427, or the...
§ 83-5-425. Effective date of notices - All notices by the commissioner to an insurer which may...
Article 8 - Property and Casualty Actuarial Opinion Act
§ 83-5-501. Title - Sections 83-5-501 through 83-5-505 shall be known as the "Property...
Article 9 - Provider-Sponsored Health Plans
§ 83-5-603. Provider-Sponsored Health Plan defined - As used in this article, "Provider-Sponsored Health Plan" means a...
§ 83-5-605. Providers of provider-sponsored health plans must meet certain requirements before offering or providing services - Before offering or providing services to persons residing in this...
§ 83-5-607. Requirements of provider-sponsored health plans - Provider-sponsored health plans shall: Demonstrate ownership or substantial representation in...
§ 83-5-701. Purpose; relation to other laws; applicability - Laws of 2019, ch. 343, § 10, effective January 1,...
§ 83-5-703. Definitions - As used in this article, unless the context requires otherwise:...
§ 83-5-707. Promulgation of rules, regulations and orders - The commissioner may, upon notice and opportunity for all interested...
§ 83-5-711. Confidentiality - Laws of 2019, ch. 343, § 10, effective January 1,...
§ 83-5-713. NAIC and third-party consultants - Laws of 2019, ch. 343, § 10, effective January 1,...
§ 83-5-715. Penalties for failure to file - Any insurer failing, without just cause, to timely file the...
Article 11 - "Insurance Data Security Law
§ 83-5-801. Short title - This article shall be known and may be cited as...
§ 83-5-805 Definitions. - As used in this article, the following terms shall have...
§ 83-5-811. Notification of cybersecurity event involving nonpublic information; information to be provided; investigation of cybersecurity event in system maintained by third-party service provider - 1. Any consumer residing in this state; or 2. Any...
§ 83-5-819. Penalties for violation of article - In the case of a violation of this article, a...
§ 83-5-821. Regulations - The commissioner may issue such regulations as shall be necessary...
§ 83-5-823. Severability - If any provisions of this article or the application thereof...
§ 83-5-825. Implementation of Section 83-5-807 and Section 83-5-807(6) - Licensees shall have one (1) year from July 1, 2019,...
§ 83-5-825. Implementation of Section 83-5-807 and Section 83-5-807(6) - Licensees shall have one (1) year from July 1, 2019...