Current through the 2023 Regular Session
Section 33-20-806 - Compliance mitigation - penalties - enforcement(1) An insurer is responsible for compliance with this part. If a violation occurs, either because of the action or inaction of the insurer or its producer, the commissioner may order: (a) an insurer or insurance producer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this part by the insurer, an entity contracted to perform the insurer's supervisory duties, or the producer; or(b) a general agency, independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this part; and(c) appropriate penalties and sanctions.(2) A violation of this part is an unfair trade practice under Title 33, chapter 18. Fines may be imposed pursuant to 33-1-317.(3) Any applicable penalty for a violation of this part may be reduced or eliminated if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.(4) The authority to enforce compliance with this part is vested exclusively with the commissioner.Amended by Laws 2021, Ch. 432,Sec. 5, eff. 10/1/2021.En. Sec. 6, Ch. 476, L. 2007.