RSA 402-G:5 · Penalties

402-G:5 Penalties. –

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I.

(a) If the commissioner believes that the controlling producer or any other person has not materially complied with this chapter, or any rule adopted or order issued under this chapter, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer; and

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(b)

If it was found that because of such material non-compliance that the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.

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II.

If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to RSA 402-C, and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this chapter, or any rule adopted or order issued under this chapter, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.

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III.

Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance laws.

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IV.

Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors or other third parties. Source. 1992, 288:15, eff. Jan. 1, 1993.

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