Penalties For Rules Violation Of The Insurance Laws

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Penalties for Rules Violations

The commissioner may impose penalties for violation of the insurance laws (these include the unfair claims settlement practices rules). Penalties may be imposed against both insurers and agents.

Insurer (Insurance Company) Penalties

In addition to license revocation, suspension, or refusal to renew a license, the state insurance commissioner/director/administrator may fine an insurer violation of insurance rules and regulations.

Producer Penalties

The commissioner may fine a producer and/or revoke or suspend a producer’s license for a violation of insurance laws, including marketing and trade practices laws.

Criminal Violations

State law also provides for criminal prosecution of certain insurer and producer actions when such action rises to the level of criminal misconduct. Each state’s criminal code varies on what is considered criminal wrongdoing. The commissioner normally does not directly prosecute insurers or producers; rather, the commissioner refers the case to the state’s criminal prosecutorial division to determine whether a criminal prosecution is warranted.

In addition to insurers and producers being subject to criminal penalties, federal and state law provides for criminal sanctions against any person or business that engages in criminal misconduct dealing with insurance matters.

Licensed Business Entity Regulation

In the earlier chapter we made a distinction between different types of licensees- producers, business

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