Title 33, Chapter 37, Section 32
( 33-37-32)
(a)(1) An agent, broker, premium finance company, or any other
person, other than the insured, responsible for the payment of a
premium shall be obligated to pay any unpaid premium for the full
policy term due the insurer at the time of the declaration of
insolvency, whether earned or unearned, as shown on the records of
the insurer. The liquidator shall also have the right to recover
from such person any part of an unearned premium that represents
commission of such person. Credits or setoffs or both shall not
be allowed to an agent, broker, or premium finance company for any
amounts advanced to the insurer by the agent, broker, or premium
finance company on behalf of, but in the absence of a payment by,
the insured. (2) An insured shall be obligated to pay any unpaid earned premium
due the insurer at the time of the declaration of insolvency, as
shown on the records of the insurer. (b) Upon satisfactory evidence of a violation of this Code section,
the Commissioner may pursue either one or both of the following
courses of action: (1) Suspend, revoke, or refuse to renew the licenses of such
offending party or parties; or (2) Impose a penalty of not more than $5,000.00 for each and every
act in violation of this Code section by said party or parties. (c) Before the Commissioner shall take any action as provided in
subsection (b) of this Code section, written notice shall be
provided to the person, company, association, or exchange accused of
violating the law, stating specifically the nature of the alleged
violation and fixing a time and place, at least ten days thereafter,
when a hearing on the matter shall be held. After such hearing, or
upon failure of the accused to appear at such hearing, the
Commissioner, if he shall find such violation, shall impose such of
the penalties under subsection (b) of this Code section as he deems
advisable. (d) When the Commissioner shall take action in any or all of the
ways set out in subsection (b) of this Code section, the party
aggrieved may appeal from said action to the superior court. |