Administrative Penalty For Failure To Pay Promptly

(1) The commissioner may, after a hearing, impose an administrative fine as provided in 33-1-317 on an insurer if the commissioner finds that the insurer as a general course of business practice in this state fails to: (a) use due diligence in processing all claims; (b) pay claims in a timely manner; (c) provide proper notice, when required, with respect to the reasons for the insurer's failure to make claim payments when due; (d) pay, without just cause, proper claims arising under coverage provided by its policies, whether the claims are in favor of an insured, in favor of a third person with respect to the liability of an insured to the third person, or in favor of any other person entitled to the benefits of a policy; or (e) pay interest pursuant to 33-18-232(2). (2) If an insurer can demonstrate that it has consistently paid 90% of the total dollar amount outstanding in claims to each claimant within 20 working days and all of the amount within 30 working days of receipt of claims during the 6-month period immediately preceding the hearing date, the insurer is not subject to the fine described in subsection (1).