20-402. Validity of contracts
A. The transaction of business in violation of section 20-401.01 by an insurer does
not impair the validity of any act or contract of the insurer and does not prevent the
insurer from defending any action at law or suit in equity in any court of this state,
except that no insurer transacting insurance business in this state without a certificate
of authority is permitted to maintain an action in any court of this state to enforce any
right, claim or demand arising out of the transaction of the business until the insurer
obtains a certificate of authority.
B. If an insurer transacting business in violation of section 20-401.01 fails to
pay any claim or loss within the provisions of the insurance contract, any person who
acted directly or indirectly as an insurance producer for or otherwise represented or
aided the insurer in the solicitation, negotiation, procurement or effectuation of the
insurance contract or renewal of the contract is liable to the insured for the full
amount of the claim or loss in the manner provided by the provisions of the insurance
contract.
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