§ 36-1250.13. Cease and desist order – Enforcement.

Text effective until January 1, 2015

(for text effective beginning January 1, 2015, see below)

A.  The Insurance Commissioner, upon finding an insurer, other than the State Insurance Fund, in violation of any provision of the Unfair Claims Settlement Practices Act, shall issue a cease and desist order to said insurer directing it to stop such unlawful practices.  If the insurer refuses or fails to comply with said order, the Commissioner shall have the authority to revoke or suspend the insurer's certificate of authority.  The Commissioner shall also have the authority to limit, regulate, and control the insurer's line of business, the insurer's writing of policy forms or other particular forms, and the insurer's volume of its line of business or its writing of policy forms or other particular forms.  The Commissioner shall use the above authority to the extent deemed necessary to obtain the insurer's compliance with the order.  The Attorney General shall offer his assistance if requested by the Commissioner to enforce the Commissioner's orders.

B.  Reasonable attorneys fees shall be awarded the Commissioner if judicial action is necessary for the enforcement of the orders.  Such fees shall be based upon those prevailing in the community.  Fees collected by the Commissioner without the assistance of the Attorney General shall be credited to the Insurance Commissioner's Revolving Fund.  Fees collected by the Attorney General shall be credited to the Attorney General's Revolving Fund.

Added by Laws 1986, c. 315, § 10, emerg. eff. June 24, 1986.  Amended by Laws 1994, c. 342, § 13, eff. Sept. 1, 1994.  Renumbered from § 1226 of this title by Laws 1994, c. 342, § 20, eff. Sept. 1, 1994.  Amended by Laws 1994, 2nd Ex. Sess., c. 1, § 9, emerg. eff. Nov. 4, 1994; Laws 1997, c. 418, § 56, eff. Nov. 1, 1997.