Wednesday, December 03, 2008, 2:52 PM

COA Says Failure to Deliver Insurance Contract is Not a Per Se UDTP

In Defeat the Beat, Inc. v. Underwriters at Lloyd's London, the COA held that a failure to promptly deliver a copy of an insurance policy to an insured party is not a per se unfair or deceptive act. The plaintiff contended that defendants committed an unfair trade practice by failing to provide plaintiff with a copy of its insurance policy in violation of Section 58-21-45(a) of the Surplus Lines Act, which states "As soon as surplus lines insurance has been placed, the producing broker or surplus lines licensee shall promptly deliver the policy to the insured." The COA held that the Act does not confer a private right of action, and only initiates a proceeding by the Insurance Commissioner.

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