A. A person shall not make, issue or circulate, or cause to be made, issued or circulated, any estimate, illustration, circular, sales material or statement:
1. Misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised or the dividends or share of the surplus to be received.
2. Making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies.
3. Making any misleading representation or any misrepresentation as to the financial condition of any insurer or as to the legal reserve system upon which any life insurer operates.
4. Using any name or title of any policy or class of policies misrepresenting the true nature of the policy.
5. Making any misrepresentation to any policyholder for the purpose of inducing or tending to induce the policyholder to lapse, forfeit, surrender, retain or convert any insurance policy.
6. Referring to the coverage or any of the provisions of chapter 3, article 6 or 7 of this title in connection with the sale or attempted sale of any policy of insurance, except in connection with the notice prescribed in section 20-400.10, subsection E, section 20-410, subsection B and section 20-422, subsection C.
B. An insurance producer, consultant or third party administrator shall not falsely disclose the method or amount of compensation associated with a health benefits plan as defined in section 20-2301.
Notes of Decisions
Sparks v. Repub. Nat'l Life Ins., 647 P.2d 1127 (Ariz. 1982).
· cites it 24× “The trial court erred when it instructed the jury that defendants could be found liable in tort for violation of A.R.S. § 20-443 of the Arizona Insurance Code.”
Haisch v. Allstate Ins., 5 P.3d 940 (Ariz. Ct. App. 2000).
· cites it 16× “The complaint alleged that Allstate's conduct violated the Arizona Consumer Fraud Act and constituted negligent misrepresentation, common-law fraud, and misrepresentation in violation of A.R.S. § 20-443 et seq. Haisch and the alleged class sought declaratory and injunctive…”
Enyart v. Transamerica Ins., 985 P.2d 556 (Ariz. Ct. App. 1998).
· cites it 8× “§ 20-U3 ¶ 20 A.R.S. § 20-443 of the Arizona Insurance Code prohibits misrepresentations and false or misleading statements about the sale or advertisement of an insurance policy.”
Williamson v. Allstate Ins., 204 F.R.D. 641 (D. Ariz. 2001).
· cites it 17× “2d 1127, 1139 (1982) (“A.R.S. § 20-443 ... deals with unfair practices and frauds in the transaction of the insurance business.”
Morris v. Achen Const. Co., Inc., 747 P.2d 1211 (Ariz. 1987).
· cites it 4× “Furthermore, in Sparks , we specifically contrasted an action for insurance bad faith with an action for misrepresentation under A.R.S. § 20-443, the statute prohibiting misrepresentations relative to insurance policies.”
Murray v. Farmers Ins. Co. of Arizona ...., 366 P.3d 117 (Ariz. Ct. App. 2016).
· cites it 6× “§ 44-1522 and insurance fraud under A.R.S. § 20-443. Farmers and Foremost were included as defendants based on vicarious liability for Jones.”
Haisch v. Allstate Ins., 942 F. Supp. 1245 (D. Ariz. 1996).
· cites it 2× “) The complaint, which alleges negligent misrepresentation, misrepresentation, A.R.S. § 20-443, and violation of the Arizona Consumer Fraud Act, A.”
Nahom v. Blue Cross & Blue Shield of Arizona, Inc., 885 P.2d 1113 (Ariz. Ct. App. 1994).
· cites it 2× “A See also A.R.S. § 20-443. The elements of a private cause of action for consumer fraud are “a false promise or misrepresentation made in connection with the sale or advertisement of merchandise and the hearer’s consequent and proximate injury.”
Ward v. Fireman's Fund Ins. Companies, 731 P.2d 106 (Ariz. Ct. App. 1986).
· cites it 4× “A.R.S. § 20-443 is found under Chapter 2, Article 6, which deals with unfair practices and frauds in the transaction of the insurance business____ Subsection C provides: ‘No order of the director pursuant to this section or order of court to enforce it, or holding of a hearing,…”
Stratton v. Am. Med. Sec., Inc., 266 F.R.D. 340 (D. Ariz. 2009).
· cites it 2× “§ 44-1521, and Unfair Insurance Practices Act (“AUIPA”), A.R.S. § 20-443. These statutory fraud acts provide an injured consumer with an implied private right of action against the violator of the acts.”
Phillips v. State Farm Fire & Cas. Co. (D. Ariz. 2019).
· cites it 14× “20-443) 20 Plaintiffs allege Defendant made false and misleading statements as to the benefits 21 available under Defendant’s insurance policies to induce Plaintiffs and class members to 22 accept settlement payments based on false labor costs.”
— Ariz. Rev. Stat. § 20-443(1) — 1 case
Sparks v. Repub. Nat'l Life Ins., 647 P.2d 1127 (Ariz. 1982).
“The trial court erred when it instructed the jury that defendants could be found liable in tort for violation of A.R.S. § 20-443 of the Arizona Insurance Code.”
— Ariz. Rev. Stat. § 20-443(A)(1) — 1 case
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