§431:13-202  Penalty for violation of ceaseand desist orders.  (a)  Any person who violates a cease and desist orderof the commissioner under section 431:13-201 may be subject at the discretionof the commissioner, after notice and hearing and upon order of thecommissioner, to either or both of the following:

(1)  A fine of not more than $10,000 for each andevery 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 tothis section or order of court to enforce it shall in any way relieve orabsolve any person affected by the order from any other liability, penalty, orforfeiture required by law. [L 1987, c 97, §1 and c 347, pt of §2 and L 1989, c276, §1]

 

Case Notes

 

  Pursuant to subsection (b), article's administrative remediesnot exclusive; bad faith cause of action may be brought by first-party insuredfor insurer misconduct.  82 H. 120, 920 P.2d 334.