2005 Minnesota Statutes - 62A.41 — Penalties.

     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.


    HIST: 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