Current through the 2023 Regular Session
Section 33-1-1511 - Failure or refusal to cooperate with commissioner(1) A person commits the offense of failure or refusal to cooperate with the insurance commissioner when the person purposely or knowingly fails or refuses to cooperate with the commissioner during a dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer or an investigation of such matters described in Title 33, chapter 2, part 13.(2) A corporation or other entity commits the offense of failure or refusal to cooperate with the insurance commissioner when: (a) a director, officer, servant, employee, or other person who is authorized to act on behalf of the entity purposely or knowingly fails or refuses to cooperate with the commissioner during a dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer or an investigation of such matters described in Title 33, chapter 2, part 13; or(b) a manager or similarly empowered agent of the entity purposely or knowingly authorizes, requests, or commands the failure or refusal to cooperate with the commissioner during a dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer or an investigation of such matters described in Title 33, chapter 2, part 13.(3) For purposes of this section, cooperation includes but is not limited to: (a) responding in writing within 60 days to any written inquiry from the commissioner requesting a response;(b) making available to the commissioner any information in the insurer's possession, custody, or control, regardless of the form in which the information exists; or(c) engaging in the necessary procedures related to dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an insurer.(4) A person or entity convicted of failure or refusal to cooperate with the insurance commissioner shall be fined an amount not to exceed $10,000 or be imprisoned in a county detention facility for a term not to exceed 1 year, or both.Added by Laws 2017, Ch. 396,Sec. 11, eff. 5/19/2017.