Title 26.1 — Insurance
118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-26-36 Surplus lines insurance producer's authority
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A surplus lines insurance producer may act as a surplus lines insurance producer in this state for any foreign company or insurer not authorized to transact business in this state in securing, issuing, or placing insurance policies, indemnity contracts, or surety bonds on propert…
N.D.C.C. § 26.1-26-37 Lost, stolen, or destroyed license - Issuance of duplicate
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Repealed by S.L. 2023, ch. 282, § 9.
N.D.C.C. § 26.1-26-38 Controlled business prohibited - Definition - Formula for determination
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Repealed by S.L. 2001, ch. 262, § 136.
N.D.C.C. § 26.1-26-39 Refusal of license - Notification of applicant - No refund of fees
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If the commissioner finds the applicant has not met the requirements for licensing or license renewal, the commissioner shall refuse to issue or renew the license. The commissioner shall, in writing, promptly notify the applicant of the refusal, stating the grounds for the refusa…
N.D.C.C. § 26.1-26-40 Refusal of initial license - Notice - Hearing
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If the commissioner refuses to issue a license to an applicant, the notice to the applicant as provided in section 26.1-26-39 must state that the applicant may request a hearing within thirty days from the date of issuance of the notice. The commissioner shall hold a hearing, if …
N.D.C.C. § 26.1-26-41 Prohibited activities by consultants
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No licensed consultant may employ, be employed by, or be in partnership, limited liability partnership, or limited liability company with nor receive any remuneration whatsoever from any licensed insurance producer, surplus lines insurance producer, or insurer arising out of acti…
N.D.C.C. § 26.1-26-42 License suspension, revocation, or refusal - Grounds
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The commissioner may suspend, revoke, place on probation, or refuse to continue or refuse to issue any license issued under this chapter if, after notice to the licensee and hearing, the commissioner finds as to the licensee any of the following conditions: 1. A materially untrue…
N.D.C.C. § 26.1-26-42.1 Revocation of nonresident license
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Notwithstanding the provisions of subsection 13 of section 26.1-26-42, any nonresident license issued pursuant to this chapter may be suspended or revoked without notice and hearing to the licensee and without proceeding in conformity with chapter 28-32, upon evidence the residen…
N.D.C.C. § 26.1-26-44 Notification of suspension, revocation, or refusal - Duty of commissioner
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The commissioner shall promptly notify all appointing insurers, when applicable, and the licensee regarding any suspension, revocation, or refusal of a license by the commissioner. Upon suspension, revocation, or refusal of the license of a resident of this state, the commissione…
N.D.C.C. § 26.1-26-45 Notification of suspension or revocation of nonresident license
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If the commissioner suspends or revokes any nonresident's license through a formal proceeding under this chapter, the commissioner shall promptly notify the appropriate commissioner of the licensee's residence of the action and of the particulars of the action.
N.D.C.C. § 26.1-26-45.1 Reporting of actions
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1. An insurance producer shall report to the commissioner any administrative action taken against the insurance producer's license in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report must i…
N.D.C.C. § 26.1-26-46 License suspension or revocation - Duty of licensee
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Repealed by S.L. 2023, ch. 282, § 9.
N.D.C.C. § 26.1-26-47 Reciprocal provision - Retaliatory action
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Repealed by S.L. 1999, ch. 252, § 31.
N.D.C.C. § 26.1-26-47.1 Reciprocity
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1. The commissioner shall waive any requirements for a nonresident license applicant with a valid license from the insurance producer's home state, except the requirements imposed by section 26.1-26-20, if the applicant's home state awards nonresident licenses to residents of thi…
N.D.C.C. § 26.1-26-48 Commissioner may make examinations and investigations
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Whenever the commissioner believes that this chapter has been violated, the commissioner, at the expense of the insurer involved, may examine, at the offices of the insurer or insurance producer, whether located within or without this state, all books, records, and papers of the …
N.D.C.C. § 26.1-26-49 Rulemaking authority
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The commissioner may adopt reasonable rules for the implementation and administration of this chapter.
N.D.C.C. § 26.1-26-50 Civil penalty for violation of chapter
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In addition to or in lieu of any applicable denial, suspension, or revocation of a license, any person violating this chapter may, after hearing, be subject to a civil fine not to exceed ten thousand dollars for each violation. The fine may be collected and recovered in an action…
N.D.C.C. § 26.1-26-51 Statute of limitations
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A civil action for the recovery of damages resulting from negligence or breach of contract brought against any person licensed under this chapter by any person claiming to have been injured as a result of the providing of insurance services or the failure to provide insurance ser…
N.D.C.C. § 26.1-26-52 Insurance license for automobile rental agencies - Exception
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A license as an insurance producer is not required for the counter sales personnel of an automobile rental company or its franchisee if: 1. The automobile rental company is appropriately licensed in this state under subsection 4 of section 26.1-26-13.3 or is affiliated with an ap…
N.D.C.C. § 26.1-26-53 Controlled business prohibited - Definition - Formula for determination
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1. As used in this section, unless the context otherwise requires, "controlled business" means insurance written on the interests of the licensee, licensee's immediate family, or licensee's employer; or insurance covering the licensee, the members of the licensee's immediate fami…
N.D.C.C. § 26.1-26-54 Insurance licenses for limited lines travel insurance producers
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1. Travel insurance, as that term is defined in this section, is a limited line of insurance. 2. As used in this section: a. "Limited lines travel insurance producer" means a: (1) Licensed third-party administrator; (2) Licensed insurance producer, including a limited lines produ…
N.D.C.C. § 26.1-26-55 Rulemaking
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The commissioner may adopt rules for the implementation and administration of this chapter.
N.D.C.C. § 26.1-26-56 Insurance producer records - Exempt record
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The home address of any licensed insurance producer or insurance consultant received by the commissioner is an exempt record as defined in section 44-04-17.1.