§431:10D-624  Compliance mitigation; penalties.  (a)  An insurer shall be responsible for compliance with this part.  If a violation occurs because of the action or inaction of the insurer or its insurance producer, the commissioner may order:

     (1)  An insurer to take reasonably appropriate corrective action for any consumer harmed by the insurer's or its insurance producer's violation of this part;

     (2)  A business entity, 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 part; and

     (3)  Appropriate penalties and sanctions.

     (b)  Any penalty applicable to an insurer, a managing general agent, independent agencies, or a producer under article 13 of chapter 431 may be applicable to a violation of this part; provided that penalties may be reduced or eliminated if corrective action for the consumer was taken promptly after a violation was discovered or if the violation was not part of a pattern or practice. [L 2007, c 257, pt of §2; am L 2011, c 108, §6]