Legislation
SECTION 109
Penalties; civil actions
Insurance (ISC) CHAPTER 28, ARTICLE 1
§ 109. Penalties; civil actions. (a) Every violation of any provision
of this chapter shall, unless the same constitutes a felony, be a
misdemeanor.
(b) Every penalty imposed by this section shall be in addition to any
penalty or forfeiture otherwise provided by law.
(c) (1) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has willfully violated the provisions of this chapter or
any regulation promulgated thereunder or with respect to accident and
health insurance, any provision of titles one or two of division BB of
the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as
may be amended from time-to-time, and any regulations promulgated
thereunder, then the superintendent may order the person or entity to
pay to the people of this state a penalty in a sum not exceeding one
thousand dollars for each offense.
(2) Failure to pay such penalty within thirty days after the order,
unless it is suspended by an order of a court of competent jurisdiction,
shall constitute a further violation of the provisions of this chapter.
(3) No penalty shall be imposed pursuant to this subsection if a
monetary penalty is otherwise provided in this chapter.
(d) The superintendent may maintain a civil action in the name of the
people of the state to recover a judgment for a money penalty imposed by
law for the violation of any provision of this chapter.
of this chapter shall, unless the same constitutes a felony, be a
misdemeanor.
(b) Every penalty imposed by this section shall be in addition to any
penalty or forfeiture otherwise provided by law.
(c) (1) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has willfully violated the provisions of this chapter or
any regulation promulgated thereunder or with respect to accident and
health insurance, any provision of titles one or two of division BB of
the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as
may be amended from time-to-time, and any regulations promulgated
thereunder, then the superintendent may order the person or entity to
pay to the people of this state a penalty in a sum not exceeding one
thousand dollars for each offense.
(2) Failure to pay such penalty within thirty days after the order,
unless it is suspended by an order of a court of competent jurisdiction,
shall constitute a further violation of the provisions of this chapter.
(3) No penalty shall be imposed pursuant to this subsection if a
monetary penalty is otherwise provided in this chapter.
(d) The superintendent may maintain a civil action in the name of the
people of the state to recover a judgment for a money penalty imposed by
law for the violation of any provision of this chapter.