The Vermont Statutes Online
The Statutes below include the actions of the 2024 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 8 : Banking and Insurance
Chapter 121 : Fraternal Benefit Societies
(Cite as: 8 V.S.A. § 4498)-
§ 4498. Misrepresentation
(a) No person shall cause or permit to be made, issued, or circulated in any form:
(1) any misrepresentation or false or misleading statement concerning the terms, benefits, or advantages of any fraternal insurance contract now issued or to be issued in this state, or the financial condition of any society;
(2) any false or misleading estimate or statement concerning the dividends or shares of surplus paid or to be paid by any society on any insurance contract; or
(3) any incomplete comparison of an insurance contract of one society with an insurance contract of another society or insurer for the purpose of inducing the lapse, forfeiture, or surrender of any insurance contract. A comparison of insurance contracts is incomplete if it does not compare in detail:
(A) the gross rates, and the gross rates less any dividend or other reduction allowed at the date of the comparison; and
(B) any increase in cash values, and all the benefits provided by each contract for the possible duration thereof as determined by the life expectancy of the insured;
or if it omits from consideration:
(C) any benefit or value provided in the contract;
(D) any differences as to amount or period of rates; or
(E) any differences in limitations or conditions or provisions that directly or indirectly affect the benefits.
(b) In any determination of the incompleteness or misleading character of any comparison or statement, it shall be presumed that the insured had no knowledge of any of the contents of the contract involved.
(c) A person who violates a provision of this section or knowingly receives any compensation or commission by or in consequence of the violation shall be punished by a fine of not less than $500.00 nor more than $2,000.00 or by imprisonment not less than 30 days nor more than one year, or both fine and imprisonment, and shall, in addition, be liable for an administrative penalty in the amount of three times the sum received by the violator as compensation or commission. (Added 1959, No. 197, § 38, eff. Nov. 22, 1959; amended 1971, No. 199 (Adj. Sess.), § 17; 1995, No. 167 (Adj. Sess.), § 16.)
