R590-230-7. Compliance Mitigation and Penalties  


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  • (1) An insurer is responsible for compliance with this rule. If a violation occurs, either because of the action or inaction of the insurer or its producer, the commissioner may order:

    (a) an insurer to take reasonably appropriate corrective action for any consumer harmed by the insurer's, or by its producer's, violation of this rule;

    (b) a producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this rule; and

    (c) appropriate penalties and sanctions.

    (2) Any applicable penalty under 31A-2-308 for a violation of this rule may be reduced or eliminated if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.