This Note will address two main issues. The first issue is whether a violation of the Insurance Code regulatory section entitled "Unfair Trade Practices" should be a per se unfair trade practice under the UTPA. The second is whether the Insurance Code preempts the UTPA in defining unfair insurance practices.
Cindy C. Heenan, Consumer Protection - The Unfair Trade Practices Act and the Insurance Code: Does Per Se Necessarily Preempt? - Pearce v. American Defender Life Insurance Co., 10 Campbell L. Rev. 487 (1983).