[§431:11A-105]  Penalties.  (a)  If the
commissioner believes that a controlling producer or any other person has not
complied with this article, or any applicable rule or order, after notice and
opportunity to be heard, the commissioner may order the controlling producer to
cease placing business with the controlled insurer.  If the commissioner finds
that because of noncompliance by a controlling producer or any other person
with this article or any applicable rule or order, the controlled insurer or any
policyholder thereof has suffered any loss or damage, the commissioner may
maintain a civil action or intervene in an action brought by or on behalf of
the controlled insurer or policyholder for recovery of compensatory damages for
the benefit of the controlled insurer or policyholder, or other appropriate
relief.



(b)  If an order for liquidation or
rehabilitation of the controlled insurer has been entered pursuant to article
15 and the receiver appointed under that order believes that the controlling
producer or any other person has not complied with this article, or any
applicable rule or order, and the controlled insurer suffered any loss or
damage from the noncompliance, the receiver may maintain a civil action for
recovery of damages or other appropriate sanctions for the benefit of the
controlled insurer.



(c)  Nothing contained in this section shall
affect the right of the commissioner to impose any other penalties provided for
in the insurance code.



(d)  Nothing contained in this section is
intended to or shall in any manner alter or affect the rights of policyholders,
claimants, creditors, or other third parties. [L 1992, c 176, pt of §1]