(a)  If the commissioner finds after a hearing conducted in accordance with the Administrative Procedures Act, chapter 35 of Title 42, that any person has violated any provision(s) of this chapter, the commissioner may order:

(1)  For each separate violation, a penalty in an amount not exceeding one thousand dollars ($1,000);

(2)  Revocation or suspension of the producer‘s license. If it was found that because of material noncompliance the insurer has suffered any loss or damage, the commissioner may maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of compensatory damages for the benefit of the insurer and its policyholders and creditors or other appropriate relief.

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Terms Used In Rhode Island General Laws 27-51-7

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Insurer: means any person, firm, association, or corporation duly licensed in this state as an insurance company pursuant to this title. See Rhode Island General Laws 27-51-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Producer: means insurance producer as defined in chapter 2. See Rhode Island General Laws 27-51-2

(b)  If an order of rehabilitation or liquidation of the insurer has been entered pursuant to applicable Rhode Island law and the receiver appointed under that order determines that the MGA or any other person has not materially complied with this chapter, or any regulation or order promulgated pursuant to this chapter, and the insurer suffered any loss or damage from the noncompliance, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.

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

(d)  Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.

History of Section.
P.L. 1992, ch. 445, § 1; P.L. 1996, ch. 188, § 19.