[§431E-49]  Injunctions; civil remedies;
cease and desist.  (a)  In addition to the penalties and other enforcement
provisions of this chapter, if any person violates this chapter or any rule
implementing this chapter, the commissioner may seek an injunction in a court
of competent jurisdiction in the county where the person resides or has a
principal place of business and may apply for temporary and permanent orders
that the commissioner determines necessary to restrain the person from further
committing the violation.



(b)  Any person damaged by the acts of another
person in violation of this chapter or any rule implementing this chapter, may
bring a civil action for damages against the person committing the violation in
a court of competent jurisdiction.



(c)  The commissioner may issue a cease and
desist order upon a person who violates any provision of this chapter, any rule
or order adopted by the commissioner, or any written agreement entered into
with the commissioner, in accordance with chapter 91.



(d)  When the commissioner finds that such an
action presents an immediate danger to the public and requires an immediate
final order, the commissioner may issue an emergency cease and desist order
reciting with particularity the facts underlying such findings.  The emergency
cease and desist order shall be effective immediately upon service of a copy of
the order on the respondent and shall remain effective for ninety days.  If the
insurance division begins non-emergency cease and desist proceedings under
subsection (a), the emergency cease and desist order shall remain effective,
absent an order by an appellate court of competent jurisdiction pursuant to
chapter 91.  In the event of a wilful violation of this chapter, the trial
court may award statutory damages in addition to actual damages in an
additional amount up to three times the actual damage award.  The provisions of
this chapter may not be waived by agreement.  No choice of law provision may be
used to prevent the application of this chapter to any life settlement contract
in which a party to the settlement is a resident of this State. [L 2008, c 177,
pt of §1]