40 Pa. Stat. § 310.45

Current through P.A. Acts 2024-18
Section 310.45 - Rebates prohibited
(a)Prohibition.-- Except as otherwise provided in this section, no insurance producer shall, directly or indirectly, offer, promise, allow, give, set off or pay a rebate of, or part of, a premium payable on the contract of insurance or on the insurance producer's commission, earnings, profits, dividends or other benefit founded, arising, accruing or to accrue thereon, or any special advantage in date of policy or age of issue, or any paid employment or contract for services of any kind, or any other valuable consideration or inducement, to or for insurance on a risk in this Commonwealth which is not specified in the contract of insurance.

(a.1)Exception.--An insurance producer may offer or give to an insured or a prospective insured, on an annual aggregate basis, any favor, advantage, object, valuable consideration or anything other than money that has a cost of or a redeemable value of less than or equal to $100, which is not specified in the contract of insurance. The Commissioner may increase this amount upon publication of notice in the Pennsylvania Bulletin.
(a.2)Receipt contingent on purchase.--Notwithstanding any other provision of this section to the contrary, an insurance producer may not make receipt of anything of value contingent on the purchase of insurance.
(b) Penalty.--A person that violates subsection (a) commits a misdemeanor of the third degree.
(c)Construction.--Nothing in this section shall be construed as:
(1) Permitting any unfair method of competition or an unfair or deceptive act or practice under the act of july 22, 1974 ( P.L. 589, No.205), known as the Unfair Insurance Practices Act; or
(2) Prohibiting an insurance producer from offering or giving to an insured, for free or at a discounted price, services or other offerings that relate to loss control of the risks covered under the policy.

40 P.S. § 310.45

Amended by P.L. TBD 2018 No. 22, § 1, eff. 7/3/2018.
1921, May 17, P.L. 789, art. VI-A, § 645-A, added 2002, Dec. 6, P.L. 1183, No. 147, § 2, effective in 180 days.