56-7-123 - Policies to be in English Language of promotional material.

56-7-123. Policies to be in English Language of promotional material.

(a)  Every insurance policy, issued to or for the benefit of any citizen or resident of this state, shall be written in the English language.

(b)  Nothing in this part shall prohibit an insurer from advertising or providing information or translations to consumers in a language other than English; provided, that the advertisement or informational materials clearly state the insurance policy being advertised is available only in English.

(c)  In the event of a dispute, the language contained in the insurance policy is controlling and any advertisement or informational materials used by an insurer shall not be construed to modify or change the insurance policy.

(d)  Notwithstanding subsection (c), the use of any advertising or informational materials by any person, without regard as to the language in which the materials are written, that materially contradict or misrepresent any provision of the underlying policy of insurance shall constitute an unfair and deceptive practice in the insurance business as provided by §§ 56-8-103 and 56-8-104.

[Acts 1999, ch. 101, § 1.]