8405

COMPLIANCE MITIGATION; PENALTIES

8405.1

An insurer is responsible for compliance with this chapter. If a violation occurs, either because of the action or inaction of the insurer, or its insurance producer, the commissioner may order:

(a) An insurer to take reasonably appropriate corrective action for any consumer harmed by an insurer or insurance producer's violation of this chapter;

(b) A general agency, independent agency or the insurance producer to take reasonably appropriate corrective action for any consumer harmed by the insurance producer's violation of this chapter; and

(c) Any appropriate penalties and sanctions permitted under the Insurance Trade and Economic Development Amendment Act of 2009, effective April 3, 2001 (D.C. Law 1-265; D.C. Official Code §§ 31-2231.01, et seq. (2001)).

8405.2

Any applicable penalty for a violation of this chapter may be reduced or eliminated, if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.

Source: Notice of Final Rulemaking published at 57 DCR 12209, 12215 (December 24, 2010).