20-220

20-220. Certificate of authority; refusal to
renew; revocation or suspension; civil penalty

A. The director may after a hearing refuse to renew or may revoke or suspend an
insurer's certificate of authority, in addition to other grounds therefor in this title,
if the insurer:

1. Violates any provision of this title other than a provision as to which refusal,
suspension or revocation is mandatory.

2. Knowingly fails to comply with any lawful rule or order of the director.

3. Is found by the director to be in unsound condition or in such condition as to
render its further transaction of insurance in this state hazardous to its policyholders
or to the people of this state.

4. Usually compels claimants under its policies to accept less than the amount due
them or to bring suit against it to secure full payment thereof.

5. Refuses to be examined or to produce its accounts, records and files for
examination by the director when required.

6. Fails to pay any final judgment rendered against it in this state within thirty
days after the judgment becomes final.

7. Is affiliated with and under the same general management or interlocking
directorate or ownership as another insurer which transacts direct insurance in this
state without having a certificate of authority therefor, except as permitted to a
surplus lines insurer under article 5 of this chapter.

B. If after a hearing the director finds grounds pursuant to subsection A to
suspend or revoke an insurer's certificate of authority, the director may impose, in lieu
of or in addition to such suspension or revocation, the following civil penalties:

1. A penalty not to exceed one thousand dollars for each violation and not to
exceed an aggregate of ten thousand dollars within any six-month period with respect to
unintentional violations.

2. A penalty not to exceed five thousand dollars for each violation and not to
exceed an aggregate of fifty thousand dollars within any six-month period with respect to
intentional violations. The insurer shall pay the civil penalty to the director who
shall deposit it, pursuant to sections 35-146 and 35-147, in the state general fund. The
civil penalty is in addition to any other penalty imposed by law.

C. The director may adopt rules to provide the criteria to be used for identifying
insurers who are found to be in a condition that would render the continuance of their
business hazardous to their policyholders or the people of this state.