58-33-36. Illegal dealing in premiums and improper charges as misdemeanors. No person may willfully collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, and as specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the director; or, in cases where classifications, premiums, or rates are not required by this title to be so filed and approved, such premiums and charges may not be in excess of or less than those specified in the policy and as fixed by the insurer. Any violation of this section is a Class 2 misdemeanor. This section does not prohibit the charging and collection, by surplus line brokers licensed under chapter 58-32, of the amount of applicable state and federal taxes in addition to the premium required by the insurer. Nor does it prohibit the charging and collection, by a life insurer, of amounts actually to be expended for medical examination of an applicant for life insurance or for reinstatement of a life insurance policy.
Source: SL 1966, ch 111, ch 13, § 20 (2); SL 1978, ch 359, § 2; SL 2001, ch 286, § 205.
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