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

   1. (1) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this rule by the insurer, an entity contracted to perform the insurer’s supervisory duties or by the producer;
   2. (2) A general agency, independent agency or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this rule; and
   3. (3) Appropriate penalties and sanctions.
2. (b) Any applicable penalty under RSA 400-A:15, III for a violation of this rule 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.
3. (c) The authority to enforce compliance with this rule is vested exclusively with the commissioner.

Source. #9374, eff 1-30-09; ss by #10654, eff 1-1-15; ss by #13873, eff 2-16-24