| | | Any person who violates this chapter is subject to suspension | | or revocation of license or certificate of authority issued | | pursuant to Title 24 or this Title or civil penalties and other | | remedies as provided in section 12-A or both.__Notwithstanding | | section 2165-A, subsection 1, the superintendent may issue | | emergency cease and desist orders on the basis of conduct | | involving fraudulent insurance acts. |
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| | | In a civil action in which it is proven that a person | | committed a fraudulent insurance act, the court may award | | reasonable attorney's fees and costs to the plaintiff insurer.__ | | In a civil action in which the insurer alleges that a party | | committed a fraudulent insurance act that is not established at | | trial, the court may award reasonable attorney's fees and costs | | to the party if the allegation is not supported by any reasonable | | basis of law or fact. |
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| | | The superintendent may adopt rules as necessary for the | | administration of this chapter.__Rules adopted pursuant to this | | section are routine technical rules as defined in Title 5, | | chapter 375, subchapter 2-A. |
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| | | 1.__Other law enforcement or regulatory authority. This | | chapter does not preempt the authority or relieve the duty of | | other law enforcement or regulatory agencies to investigate, | | examine and prosecute suspected violations of law. |
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| | | 2.__Voluntary disclosure concerning insurance fraud.__This | | chapter does not prevent or prohibit a person from disclosing | | voluntarily information concerning insurance fraud, insurance | | deception or deceptive insurance practices to a law enforcement | | or regulatory agency other than the division. |
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| | | 3.__No limitation on superintendent. This chapter does not | | limit the powers granted elsewhere by the laws of this State to | | the superintendent or the division to investigate and examine | | possible violations of law and to take appropriate action against | | wrongdoers. |
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| | | This bill establishes the Insurance Fraud Division within the | | Department of Professional and Financial Regulation, Bureau |
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