26.1-34.2-04. Compliance mitigation - Enforceability - Penalty

26.1-34.2-04. Compliance mitigation - Enforceability - Penalty

1. An insurer is responsible for compliance with this chapter. If a violation occurs, either

because of the action or inaction of the insurer or the insurer's producer, the

commissioner may order:

a. An insurer to take reasonably appropriate corrective action for any consumer

harmed by a failure to comply with this chapter by the insurer or by the producer;

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 chapter; and

c. Appropriate penalties and sanctions.

2. Any applicable penalty under section 26.1-01-03.3 for a violation of this chapter may

be reduced or eliminated, according to a schedule adopted by the commissioner, if

corrective action for the consumer was taken promptly after a violation was

discovered.

3. The authority to enforce compliance with this section is vested exclusively with the

commissioner.