Title 33, Chapter 3, Section 20
( 33-3-20)
(a) The Commissioner may, after a hearing, impose upon an insurer an
administrative fine if he finds that such insurer through the acts
of its officers, employees, agents, or representatives has with such
frequency as to indicate its general business practice in this
state: (1) Failed to use due diligence in processing all claims, failed
to pay claims in a timely manner, failed to provide proper notice
when required with respect to the reasons for the insurer's
failure to make claims payments when due, or refused without just
cause to pay proper claims arising under coverage provided by its
policies, whether the claim is in favor of an insured or in favor
of a third person with respect to the liability of an insured to a
third person or in favor of any other person entitled to the
proceeds of a policy; (2) Compelled, without just cause, insureds, claimants, or other
persons entitled to the proceeds of its policies in this state to
accept less than the amount due them or to bring an action against
the insurer or an insured to secure full payment or settlement
thereof; or (3) Accepted money, trade stamps, gifts, or other remuneration of
any kind in return for referring automobile and other property
repair business including glass breakage to a particular
automobile repairer, glass company, construction company, or other
repair company of any kind. (b) The administrative fine imposed for violations set forth in
paragraph (1), (2), or (3) of subsection (a) of this Code section
shall not exceed $1,000.00 for each act of misconduct constituting a
violation; provided, however, a fine of not more than $5,000.00 for
each act of willful misconduct constituting a violation may be
imposed. (c) For the purposes of this Code section, the term "insurer" shall
include any insurer, nonprofit organization, or any other person
authorized to sell accident and sickness insurance policies,
subscriber contracts, certificates, or agreements of any form under
Chapter 15, 18, 19, 20, 21, 29, or 30 of this title. |