Minn. Stat. » CHAPTER 72A. INSURANCE INDUSTRY TRADE PRACTICES
Minnesota Statutes

Minn. Stat. § 72A.12 (2026)

Life Insurance

✓ current as of May 2026
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Subdivision 1.Issue of prohibited life policies.

Every officer or agent of a life insurance company who shall issue any policy in violation of any order or other prohibition by the commissioner made pursuant to law, shall be guilty, for the first offense, of a misdemeanor, and for each subsequent offense, of a gross misdemeanor.

Subd. 2.Misrepresentation by insurer or agent.

No life insurance company doing business in this state, and no officer, director or agent thereof, shall issue or circulate, or cause or permit to be issued or circulated, any estimate, illustration, circular or statement of any sort misrepresenting the terms of any policy issued by it or the benefits or advantages promised thereby, or the dividends or shares of surplus to be received thereon, or shall use any name or title of any policy or class of policies misrepresenting the true nature thereof.

Any person violating the provisions of this subdivision shall be guilty of a misdemeanor, and the license of any company which shall authorize or permit a violation of this subdivision shall be revoked.

Subd. 3.Discrimination in accepting risks.

No life insurance company or agent, all other conditions being equal, shall make any discrimination in the acceptance of risks, in rates, premiums, dividends, or benefits of any kind, or by way of rebates, between persons of the same class, or on account of race; and upon request of any person whose application has been rejected, the company shall furnish the rejected applicant, in writing, the reasons therefor, including a certificate of the examining physician that such rejection was not for any racial cause. Every company violating either of the foregoing provisions shall forfeit not less than $500, nor more than $1,000, and every officer, agent, or solicitor violating the same shall be guilty of a gross misdemeanor; and the commissioner shall revoke the license of such company and its agents, and grant no new license within one year thereafter.

Subd. 4.Discrimination.

(a) No life insurance company doing business in this state shall make or permit any distinction or discrimination in favor of individuals between insurants of the same class and equal expectation of life in the amount or payment of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contracts it makes; nor shall any such company or agent thereof make any contract of insurance or agreement as to such contract other than as plainly expressed in the policy issued thereon.

(b) Any violation of the provisions of this subdivision shall be a misdemeanor and punishable as such.

Subd. 5.

[Repealed, 2010 c 397 s 20]

Notes of Decisions
Cited in 4 cases, 1982–2004 · leading case: State v. Eibensteiner, 690 N.W.2d 140 (Minn. Ct. App. 2004).
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State v. Eibensteiner, 690 N.W.2d 140 (Minn. Ct. App. 2004). · cites it 8× “The indictment also charged Eibensteiner with two counts of violating Minn.Stat. § 72A.12, subd. 5 (2002), which prohibits soliciting or knowingly receiving political campaign contributions from an insurance company.”
Parkhill v. Minnesota Mut. Life Ins., 995 F. Supp. 983 (D. Minn. 1998). · cites it 2× “This conduct could violate Minn.Stat. § 72A.12 subd. 2, which provides that “[n]o life insurance company doing business in this state .”
Minnesota Ass'n of Com. & Indus. v. Foley, 316 N.W.2d 524 (Minn. 1982). · cites it 8× “34 (1980) permit the establishment and maintenance of any form of corporate “political action committee,” or “PAC”? (2) Does Minn.Stat. § 72A.12, subd. 5 (1980), permit an insurance company or association to establish and maintain any form of “political action committee,” or…”
Minnesota Ass'n of Com., Etc. v. Foley, 316 N.W.2d 524 (Minn. 1982). · cites it 8× “34 (1980) permit the establishment and maintenance of any form of corporate "political action committee," or "PAC"? (2) Does Minn.Stat. § 72A.12, subd. 5 (1980), permit an insurance company or association to establish and maintain any form of "political action committee," or…”
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