No insurer doing business in this State and no officer, director, or agent of it may issue or circulate or cause or permit to be issued or circulated any estimate, illustration, circular, or statement of any sort misrepresenting the terms of any annuity issued by it, the benefits or advantages promised thereby, or the dividends or shares of surplus to be received thereon or may use any name or title of any annuity or class of annuities misrepresenting the true nature thereof. Violation of this section by an agent or officer of an insurer is a misdemeanor. If an insurer violates or participates in the violation of this section, the insurer is subject to the penalty provisions of Section 38-2-10.
HISTORY: Former 1976 Code Section 38-9-40 [1947 (45) 322; 1952 Code Section 37-144; 1962 Code Section 37-144] recodified as Section 38-69-10 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 36.
Structure South Carolina Code of Laws
Chapter 69 - Individual Annuities
Section 38-69-10. Circulation of false or misleading information by insurers.
Section 38-69-20. Misrepresentations to induce termination or conversion of annuities.
Section 38-69-120. Requirements for certain annuities and pure endowment contracts.
Section 38-69-220. Exceptions from operation of article.
Section 38-69-240. Minimum forfeiture amounts for contracts issued before July 1, 2005.
Section 38-69-245. Minimum nonforfeiture amounts for contracts issued after June 30, 2007.
Section 38-69-247. Minimum nonforfeiture amounts for contracts issued after June 30, 2022.
Section 38-69-250. Paid-up annuity benefits; present value.
Section 38-69-260. Cash surrender benefits.
Section 38-69-270. Contracts not providing cash surrender benefits.
Section 38-69-280. Maturity date under certain contracts.
Section 38-69-290. Statements required in certain contracts.
Section 38-69-300. Calculating benefits available other than on anniversary date.
Section 38-69-310. Contracts providing annuity and insurance benefits.