NCDOI Anti Rebating Statute
On August 24, 2005, Hearing Officer Wayne Goodwin ordered that in this matter, the language of the statutes is clear: an agent who provides services not found in the contract of insurance at no cost or below fair market value is in violation of the anti-rebating statutes. He found that the Department of Insurance has been consistent in applying this interpretation of the anti-rebating statutes and that N.C. Gen. Stat. ยง 58-33-85 provides an absolute bar to any service or any thing of value wherein those services or goods are neither (a) referenced specifically or generally in the contract of insurance, nor (b) are advertising in nature. In general, the Department of Insurance views the following goods to be advertising in nature, does not require the following advertising items to be referenced in the insurance policy and does not view these advertising items to be rebating:
- taking a client out for a reasonably priced business meal;
- calendars;
- small inexpensive personal items such as pens and other marketing items;
- inexpensive items celebrating holidays or other special events such as birthday, marriage, birth of a child or graduation; and
- inexpensive snacks and food in conjunction with benefit presentations.
posted by nctahu @ 8:57 PM
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