- Enforcement - Penalties. 1. Whenever the commissioner, upon the filing of a complaint or through the commissioner's own investigation has reason to believe that an insurer or insurance producer has engaged in practices which violate sections 26.1 -39-10 through 26.1-39-21 and that a proceeding would be in the public interest, the commissioner shall conduct a hearing. 2. If after hearing the commissioner determines that an insurer has violated subsection 1 of section 26.1 -39-13, section 26.1 -39-16, or section 26.1 -39-17, the commissioner may require the insured to accept the application or written request for insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated, or reinstate insurance coverage to the end of the policy period, or continue insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated. 3. If the commissioner after hearing determines that any person has violated sections 26.1-39-10 through 26.1-39-21, the commissioner may issue a cease and desist order to restrain the person from engaging in practices that violate these sections or assess a penalty against the person of up to five hundred dollars for each violation of the sections or for each willful and knowing violation of these sections assess a penalty against such person of up to five thousand dollars or cancel, revoke, or refuse to renew a company's certificate of authority to do business in this state. 4. If the commissioner determines in a final order that an insurer has violated subsection 1 of section 26.1 -39-13, section 26.1 -39-16, or section 26.1 -39-17, the applicant or named insured aggrieved by the violation may bring an action in a court of competent jurisdiction in this state to recover from the insurer any loss not otherwise recovered through insurance which would have been paid under the insurance coverage that was declined or terminated in violation of these sections. 5. Any amount recovered may not be duplicative of any recovery obtained through the exercise of any other statutory or common -law claim for relief arising out of the same occurrence. No action under this section may be brought two years after the date of a final order of the commissioner finding a violation of subsection 1 of section 26.1-39-13 or section 26.1-39-16.
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