§431:3-217 - Discretionary refusal, suspension or revocation provisions.
§431:3-217 Discretionary refusal,suspension or revocation provisions. After a hearing the commissioner maysuspend, revoke, or refuse to extend an insurer's certificate of authority, inaddition to other grounds in this code, if the insurer:
(1) Knowingly fails to comply with or, in the case ofa reciprocal insurer, if the attorney fails to comply with, or violates anyprovision of this code other than those for violation of which refusal,suspension or revocation is mandatory;
(2) Knowingly fails to comply with any proper orderof the commissioner;
(3) Is found by the commissioner upon examination, orother evidence, to be in unsound condition or in a condition as to render itsfurther proceedings in this State hazardous to the public or to its policyholdersin this State;
(4) Refuses to remove or discharge a director orofficer who has been convicted of any crime involving fraud or dishonesty;
(5) Commits or performs with a frequency as toindicate a general business practice any act which compels claimants underpolicies either to accept less than the amount due them or to bring suitagainst it to secure full payment of the amount due;
(6) Is affiliated with and under the same generalmanagement, interlocking directorate, or ownership as another insurer whichtransacts insurance other than reinsurance in this State without having acertificate of authority therefor, except as is permitted by this code;
(7) Refuses to be examined, or if its directors,officers, employees, or representatives refuse to submit to examination or givetestimony concerning its affairs, or to produce its accounts, records, andfiles for examination by the commissioner when required by this code, orrefuses to perform any legal obligation relative to the examination;
(8) Fails to pay any final judgment rendered againstit upon any policy, bond, recognizance, or undertaking issued or guaranteed byit, within sixty days after the judgment became final or within sixty daysafter time for taking an appeal has expired or within sixty days afterdismissal of an appeal before final determination, whichever date is the later;or
(9) Fails to file its annual statement when due orwithin any extension of time which the commissioner may for good cause havegranted. [L 1987, c 347, pt of §2 as superseded by c 349, §2]