Title 26.1 — Insurance
118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-04-01 Limitation on right to engage in trade
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An insurance company organized under this title may not deal or trade, directly or indirectly, in the buying or selling of any goods, wares, merchandise, or other commodities whatsoever, except such as may have been insured by the company and are claimed to be damaged by reason o…
N.D.C.C. § 26.1-04-07 Misrepresentation of terms of policy and future dividends prohibited
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An insurance or surety company, reciprocal, benevolent society, or any other insurance organization or association, however constituted or entitled, doing business in this state, and an officer, director, agent, or solicitor of the company, society, or organization, and an insura…
N.D.C.C. § 26.1-04-08 Rulemaking
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The commissioner may adopt reasonable rules necessary to identify specific methods of competition and acts or practices prohibited by section 26.1-04-03. The rules may not enlarge upon nor extend the provisions of section 26.1-04-03.
N.D.C.C. § 26.1-04-09 Authority of commissioner
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The commissioner may examine and investigate the affairs of every person engaged in the business of insurance in this state to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by secti…
N.D.C.C. § 26.1-04-10 State's attorney to prosecute for discrimination or misrepresentation
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Upon evidence satisfactory to the commissioner that section 26.1-04-05, 26.1-04-06, 26.1-04-07, or 26.1-04-17 has been violated by any person, the commissioner shall certify to the state's attorney of the county in which the violation occurred all evidence of the violation in the…
N.D.C.C. § 26.1-04-11 Immunity from prosecution
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If any person asks to be excused from attending and testifying or from producing any evidence at any trial or hearing on the ground that the testimony or evidence required may tend to incriminate that person or subject that person to a penalty or forfeiture, but is directed to gi…
N.D.C.C. § 26.1-04-12 Hearing
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Whenever the commissioner has reason to believe that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice defined in section 26.1-04-03, and that a proceeding would be to the interest of the public…
N.D.C.C. § 26.1-04-13 Orders and modifications
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1. If, after hearing, the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall order the person to cease and desist from engaging in the method of competition, act, or prac…
N.D.C.C. § 26.1-04-14 Penalty
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Any person who violates a cease and desist order of the commissioner under section 26.1-04-13, after it has become final, and while it is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the state of North Dakota a sum not to exceed a mone…
N.D.C.C. § 26.1-04-15 Judicial review by intervenor
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If the commissioner does not charge a violation of this chapter, then any intervenor in the proceedings may within ten days after the service of the report, cause a notice of appeal to be filed in the district court of Burleigh County for a review of the report. The court may iss…
N.D.C.C. § 26.1-04-18 Order does not relieve from other liability
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An order of the commissioner under this chapter or order of a court affirming the commissioner's order does not relieve or absolve any person affected by the order from any liability under any other law of this state.
N.D.C.C. § 26.1-04-19 Chapter additional to existing law
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The powers vested in the commissioner by this chapter are additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to the methods, acts, and practices declared to be unfair or deceptive by this chapter.