§431:13-202 - Penalty for violation of cease and desist orders.
§431:13-202 Penalty for violation of cease
and desist orders. (a) Any person who violates a cease and desist order
of the commissioner under section 431:13-201 may be subject at the discretion
of the commissioner, after notice and hearing and upon order of the
commissioner, to either or both of the following:
(1) A fine of not more than $10,000 for each and
every act in violation of the cease and desist order; or
(2) Suspension or revocation of the person's license.
(b) No order of the commissioner pursuant to
this section or order of court to enforce it shall in any way relieve or
absolve any person affected by the order from any other liability, penalty, or
forfeiture required by law. [L 1987, c 97, §1 and c 347, pt of §2 and L 1989, c
276, §1]
Case Notes
Pursuant to subsection (b), article's administrative remedies
not exclusive; bad faith cause of action may be brought by first-party insured
for insurer misconduct. 82 H. 120, 920 P.2d 334.