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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

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  375.942.  Administrative order for prohibited practices — penalty. — 1.  If the director determines that an insurer has engaged, is engaging, or has taken a substantial step toward engaging in an act, practice, or course of business constituting a violation of sections 375.930 to 375.948 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding a practice constituting a violation of sections 375.930 to 375.948 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046.  Each practice in violation of section 375.934 is a level two violation under section 374.049.  Each act as part of a trade practice does not constitute a separate violation under section 374.049.  The director may also suspend or revoke the license or certificate of authority of an insurer for any willful violation.

  2.  If the director believes that an insurer has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 375.930 to 375.948 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business conduct constituting a violation of sections 375.930 to 375.948 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. Each practice in violation of section 375.934 is a level two violation under section 374.049.  Each act as part of a trade practice does not constitute a separate violation under section 374.049.

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(L. 1959 H.B. 251 § 7, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53, A.L. 2007 S.B. 66)


---- end of effective   28 Aug 2007 ----

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