[§431:9B-110]  Penalties and liabilities.  (a) After a hearing conducted in accordance with section 431:2-308, a reinsuranceintermediary, insurer, or reinsurer found by the commissioner to be inviolation of any provisions of this article shall:

(1)  For each separate violation, pay a penalty in anamount not exceeding $5,000;

(2)  Be subject to revocation or suspension of itslicense; and

(3)  If a violation was committed by a reinsuranceintermediary, the reinsurance intermediary shall make restitution to theinsurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurerfor the net losses incurred by the insurer or reinsurer attributable to theviolation.

(b)  The decision, determination, or order ofthe  commissioner pursuant to subsection (a) shall be subject to judicialreview pursuant to chapter 91 and section 431:2-308.

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

(d)  Nothing contained in this article isintended to or shall in any manner limit or restrict the rights ofpolicyholders, claimants, creditors, or other third parties or confer anyrights on those persons. [L 1992, c 176, pt of §6]