[§431E-49]  Injunctions; civil remedies;cease and desist.  (a)  In addition to the penalties and other enforcementprovisions of this chapter, if any person violates this chapter or any ruleimplementing this chapter, the commissioner may seek an injunction in a courtof competent jurisdiction in the county where the person resides or has aprincipal place of business and may apply for temporary and permanent ordersthat the commissioner determines necessary to restrain the person from furthercommitting the violation.

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

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

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