§431:10D-624  Compliance mitigation; penalties; enforcement.  (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 producer, the commissioner may order:

     (1)  An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this part by the insurer, an entity contracted to perform the insurer's supervisory duties, or by the producer;

     (2)  A business entity, general agency, independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the 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.

     (c)  The authority to enforce compliance with this part is vested exclusively with the commissioner. [L 2007, c 257, pt of §2; am L 2011, c 108, §6; am L 2022, c 58, pt of §7]