Title 26.1 — Insurance
118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-02.1-01 Definitions
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As used in this chapter: 1. "Breach of trust" means any criminal act or an element of a criminal act by a person, including an act that constitutes or involves misuse, misapplication, or misappropriation of the following: a. Anything of value held as a fiduciary, in which "fiduci…
N.D.C.C. § 26.1-02.1-02 Insurance fraud
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Repealed by S.L. 2003, ch. 235, § 11. 26.1-02.1-02.1. Fraudulent insurance acts, interference, participation, and licensure of convicted felons prohibited. 1. A person may not commit a fraudulent insurance act. 2. A person may not knowingly or intentionally interfere with the enf…
N.D.C.C. § 26.1-02.1-02.2 Venue for filing criminal charges
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If a person commits a fraudulent insurance act or any crime associated with a fraudulent insurance act, the venue for charging the crime may be any county in which the offense, any element of the offense, or payment related to the offense was perpetrated, received, produced, prep…
N.D.C.C. § 26.1-02.1-03 Disclosure of information
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Repealed by S.L. 2003, ch. 235, § 11.
N.D.C.C. § 26.1-02.1-04 Immunity
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1. A person when acting without malice is not subject to liability by virtue of filing reports, or furnishing orally or in writing other information concerning any suspected, anticipated, or completed fraudulent insurance act, when the reports or information are provided to or re…
N.D.C.C. § 26.1-02.1-05 Penalties - Restitution
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1. a. A violation of section 26.1-02.1-02.1 is: (1) A class A felony if the value of any property or services retained exceeds fifty thousand dollars; (2) A class B felony if the value of the act associated with the fraud or directly related to the fraud exceeds fifty thousand do…
N.D.C.C. § 26.1-02.1-05.1 Administrative penalty and enforcement
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1. Upon a showing by a preponderance of evidence that a violation of this chapter occurred, and with the consent of the county state's attorney, the commissioner may impose an administrative penalty not to exceed ten thousand dollars for each fraudulent insurance act. Assessment …
N.D.C.C. § 26.1-02.1-05.2 Consent orders
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A person may enter a consent order by which such person, without admitting the conduct alleged, consents to the imposition of an administrative penalty and when so requested agrees to cease and desist the acts or omissions alleged in the complaint.
N.D.C.C. § 26.1-02.1-05.3 Criminal prosecution
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The imposition of a fine or other sanction under this chapter does not preclude prosecution for a violation of a criminal law of the state.
N.D.C.C. § 26.1-02.1-06 Mandatory reporting of fraudulent insurance acts
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1. A person engaged in the business of insurance having knowledge or a reasonable belief that a fraudulent insurance act is being, will be, or has been committed shall provide to the commissioner the information required by, and in a manner prescribed by, the commissioner. 2. Any…
N.D.C.C. § 26.1-02.1-07 Confidentiality
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1. Any documents, materials, or other information in the possession or control of the commissioner which are provided pursuant to section 26.1-02.1-06 or obtained by the commissioner in an investigation of suspected or actual fraudulent insurance acts are confidential by law and …
N.D.C.C. § 26.1-02.1-08 Creation and purpose of the insurance fraud unit
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1. The North Dakota insurance fraud unit is established within the insurance department. The commissioner may appoint the full-time supervisory and investigative personnel of the insurance fraud unit, who must be qualified by training and experience to perform the duties of their…
N.D.C.C. § 26.1-02.1-09 Peace officer status
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A fraud unit investigator has all the powers conferred by law upon any peace officer of this state when making arrests for criminal violations established as a result of an investigation pursuant to this chapter. The general laws applicable to arrests by a peace officer of the st…
N.D.C.C. § 26.1-02.1-10 Other law enforcement or regulatory authority
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This chapter does not: 1. Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law; 2. Prevent or prohibit a person from disclosing voluntarily information concerning insurance fra…
N.D.C.C. § 26.1-02.1-11 Rules
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The commissioner may adopt rules determined necessary by the commissioner for the administration of this chapter.