Current through Register Vol. 54, No. 45, November 9, 2024
Section 146.4 - Misrepresentation of policy provisions(a) An insurer or agent may not fail to fully disclose to first-party claimants pertinent benefits, coverages or other provisions of an insurance policy or insurance contract under which a claim is presented.(b) An insurer or agent may not fail to fully disclose to first-party claimants benefits, coverages or other provisions of an insurance policy or insurance contract when the benefits, coverages or other provisions are pertinent to a claim.(c) An insurer may not deny a claim for failure to exhibit the property without proof of demand and refusal by a claimant to do so.(d) An insurer may not, except where there is a time limit specified in the policy, make statements-written or otherwise-requiring a claimant to give written notice of loss or proof of loss within a specified time limit and which seek to relieve the company of its obligations if a time limit is not complied with unless the failure to comply with the time limit prejudices the rights of the insurer.(e) An insurer may not request a first-party claimant to sign a release that extends beyond the subject matter that gave rise to the claim payment.(f) An insurer may not issue checks or drafts in partial settlement of a loss or claim under a specific coverage which checks or drafts contain language which expressly or impliedly releases the insurer or its insured from its total liability.The provisions of this §146.4 adopted December 15, 1978, effective 12/16/1978, 8 Pa.B. 3575.