[§431:11A-105]  Penalties.  (a)  If thecommissioner believes that a controlling producer or any other person has notcomplied with this article, or any applicable rule or order, after notice andopportunity to be heard, the commissioner may order the controlling producer tocease placing business with the controlled insurer.  If the commissioner findsthat because of noncompliance by a controlling producer or any other personwith this article or any applicable rule or order, the controlled insurer or anypolicyholder thereof has suffered any loss or damage, the commissioner maymaintain a civil action or intervene in an action brought by or on behalf ofthe controlled insurer or policyholder for recovery of compensatory damages forthe benefit of the controlled insurer or policyholder, or other appropriaterelief.

(b)  If an order for liquidation orrehabilitation of the controlled insurer has been entered pursuant to article15 and the receiver appointed under that order believes that the controllingproducer or any other person has not complied with this article, or anyapplicable rule or order, and the controlled insurer suffered any loss ordamage from the noncompliance, the receiver may maintain a civil action forrecovery of damages or other appropriate sanctions for the benefit of thecontrolled insurer.

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

(d)  Nothing contained in this section isintended 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]