Title 26.1 — Insurance
118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-19-01 Interpretation
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This chapter must be interpreted liberally to achieve the following purposes: 1. To encourage development of effective and economic methods of making legal services available to the public in this state. 2. To allow development of legal service plans and encourage experimentation…
N.D.C.C. § 26.1-19-02 Definitions
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As used in this chapter: 1. "Evidence of coverage" means any certificate, agreement, or contract issued to a participant setting out the coverage to which the participant is entitled. 2. "Legal services" means any services normally provided by or at the direction of an attorney. …
N.D.C.C. § 26.1-19-03 Exceptions
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This chapter does not apply to: 1. Commercial insurers licensed or authorized to do business in this state or to any nonadmitted insurers. 2. Retainer contracts made by attorneys with individual clients with fees based upon an estimate of the nature and amount of services to be p…
N.D.C.C. § 26.1-19-04 Establishment of a prepaid legal services organization
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1. Notwithstanding any law of this state to the contrary, any person may apply to the commissioner for and obtain a certificate of authority to establish and operate a prepaid legal services organization in compliance with this chapter. A person may not establish or operate a pre…
N.D.C.C. § 26.1-19-05 State bar association - Advisory committee
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1. Upon receipt of an application for issuance of a certificate of authority, the commissioner shall transmit copies of the application and accompanying documents to the state bar association of North Dakota. 2. An advisory committee to assist the commissioner in the development …
N.D.C.C. § 26.1-19-06 Issuance of a certificate of authority
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The commissioner shall issue a certificate of authority to any person filing an application within sixty days after the filing unless the commissioner notifies the applicant during that time that the application is not complete or sufficient and the reasons therefor, that payment…
N.D.C.C. § 26.1-19-07 Powers of organization
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The powers of a holder of a certificate of authority issued pursuant to section 26.1-19-04, in addition to any other powers conferred by law, include the following: 1. The purchase, lease, construction, renovation, operation, or maintenance of facilities and property reasonably r…
N.D.C.C. § 26.1-19-08 Contract forms
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1. All contracts or other documents evidencing coverage issued by the prepaid legal services organization to participants and marketing documents purporting to describe the organization's prepaid legal services plan must contain: a. A complete description of the legal services to…
N.D.C.C. § 26.1-19-09 Control prohibited
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A prepaid legal services organization may not attempt to control any attorney in the exercise of the attorney's professional judgment.
N.D.C.C. § 26.1-19-10 Licensing of sales representatives
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The sales representatives of a prepaid legal services organization are subject to the laws pertaining to insurance producers as defined in chapter 26.1-26. The license for a sales representative must be issued on a form prescribed by the commissioner, and the fee for a license or…
N.D.C.C. § 26.1-19-11 Prohibited practices
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1. A prepaid legal services organization, or representative thereof, may not cause or knowingly permit the use of advertising, solicitation, or any form of coverage which is false, fraudulent, misleading, or deceptive. For the purposes of this section: a. A statement or item of i…
N.D.C.C. § 26.1-19-12 Complaint system
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1. A prepaid legal services organization shall establish and maintain a complaint system which has been approved by the commissioner to provide reasonable procedures for the resolution of complaints initiated by participants concerning any aspect of the prepaid legal services pla…
N.D.C.C. § 26.1-19-13 Reports to the commissioner
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Every prepaid legal services organization annually, on or before March first, shall file a report with the commissioner, verified by an appropriate official of the organization, showing its financial condition on the last day of the preceding calendar or fiscal year. The report m…
N.D.C.C. § 26.1-19-14 Examinations
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1. The commissioner shall make an examination of the operations of any prepaid legal services organization holding a certificate of authority under this chapter. The examination must include all contracts, agreements, and arrangements for the delivery of services under the plan a…
N.D.C.C. § 26.1-19-15 Fees
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A prepaid legal services organization shall pay to the commissioner: 1. For filing a copy of its application for a certificate of authority or amendment thereto, the amount provided by section 26.1-01-07. 2. For filing an annual report, the amount provided by section 26.1-01-07. …
N.D.C.C. § 26.1-19-16 Administrative findings and sanctions
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1. The commissioner, consistent with chapter 28-32, may initiate proceedings to determine if a prepaid legal services organization has: a. Operated in a manner that materially violates its organizational documents; b. Materially breached its obligations to furnish the legal servi…
N.D.C.C. § 26.1-19-17 Statutory construction and relationship to other laws
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Except as otherwise provided in this chapter, other provisions of the insurance laws of this state are not applicable to any legal services organization issued a certificate of authority under this chapter.
N.D.C.C. § 26.1-19-18 Rulemaking authority of commissioner
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The commissioner may adopt reasonable rules necessary and proper to carry out this chapter. This chapter does not prohibit the commissioner from requiring changes in procedure previously approved.