Title 26.1 — Insurance

As used in this chapter, unless the context otherwise requires, "bail bond agent" means any person that has been licensed by the commissioner and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with the judicial proc…

The licensing and continuing education requirements under chapter 26.1-26 apply to bail bond agents.

The following persons or classes may not be bail bond agents and may not directly or indirectly receive any benefits from the execution of any bail bond: jailers, police officers, committing magistrates, magistrate court judges, sheriffs, deputy sheriffs and constables, or any pe…

1. The commissioner may suspend, revoke, or refuse to continue, issue, or renew 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: a. Recommending any particular attorney a…

Every person who holds a valid bail bond agent license issued by the insurance commissioner is entitled to equal access to the jails of the state for the purpose of making bond, subject to the provisions of this chapter and the rules adopted in the manner provided by law. Jail pe…

At any time before there has been a breach of the undertaking in any type of bail provided herein, the surety or bail bond agent may surrender the defendant, or the defendant may surrender, to the official to whose custody the defendant would have been given had the defendant bee…

A bail bond agent may not charge a premium, commission, or fee for a bond in an amount more than twenty percent of the amount of bail furnished by the bail bond agent, or one hundred fifty dollars, whichever is greater. In addition to the premium, commission, or fee charged under…

If a defendant fails to appear for a scheduled court appearance, the clerk of court shall notify the bail bond agent. If the bail bond agent returns the defendant to the jurisdiction of the court, the bail bond agent may petition the court for a return of the forfeiture. If the b…

The commissioner may adopt reasonable rules for implementation and administration of this chapter.

For purposes of this chapter: 1. "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. 2. "Customer" means a person that purchases a portable electronic device or services related to the u…

1. A vendor shall hold a limited lines license under this section to sell or offer coverage under a policy of portable electronics insurance. 2. A limited lines license issued under this section is limited to authorizing a vendor and the vendor's employees or authorized represent…

1. At every location where portable electronics insurance is offered to customers, the vendor shall make available to a prospective customer brochures or other written materials that: a. Disclose portable electronics insurance may provide a duplication of coverage already provide…

1. An employee and an authorized representative of a vendor may sell or offer portable electronics insurance to customers and are not subject to licensure as an insurance producer under this chapter if: a. The vendor obtains a limited lines license to authorize the vendor's emplo…

Notwithstanding any other provision of law: 1. An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least thirty days notice. 2. If the insurer chang…

1. A vendor shall apply for licensure under subsection 2 of section 26.1-26-13.3. 2. An applicant shall apply for licensure under the provisions of section 26.1-26-13.3. In lieu of providing the information for all officers, directors, and shareholders owning more than ten percen…

This chapter governs the qualifications and procedures for licensing public adjusters in this state and specifies the duties of and restrictions on public adjusters, including limitation of licensure to assisting only insureds with first-party claims.

As used in this chapter: 1. "Business entity" has the same meaning as provided in section 26.1-26-02. 2. "Department" means the insurance department. 3. "Home state" means the state in which the principal place of residence or principal place of business of the public adjuster is…

1. A person may not operate as or represent that the person is a public adjuster in this state unless the person is licensed as a public adjuster in accordance with this chapter. 2. A public adjuster may not misrepresent to an insured the public adjuster is an adjuster representi…

An individual applying for a resident public adjuster license shall submit to the commissioner a completed uniform individual application and declare under penalty of denial, suspension, or revocation of the license that the statements made in the application are true, correct, a…

1. An individual applying for a nonresident public adjuster license shall apply to the commissioner in the manner prescribed by the commissioner and declare under penalty of denial, suspension, or revocation of the license that the statements made in the application are true, cor…

1. A business entity acting as a public adjuster in this state must be licensed as a public adjuster. A business entity applying for a public adjuster license shall submit to the commissioner a completed uniform business entity application and declare under penalty of denial, sus…

1. An individual applying for a resident public adjuster license shall pass a written examination, unless exempt pursuant to section 26.1-26.8-08. The examination must test the individual's knowledge concerning the duties and responsibilities of a public adjuster and the insuranc…

1. An individual who applies for a resident public adjuster license in this state who was previously licensed as a public adjuster in another state is not required to complete an examination. This exemption is available only if: a. The applicant is currently licensed in another s…

1. The commissioner shall issue a resident public adjuster license or nonresident public adjuster license to an individual who meets the necessary requirements of this chapter. a. A resident public adjuster license and a nonresident public adjuster license expire on the last day …

1. The commissioner may suspend, revoke, or refuse to issue or renew a resident public adjuster license, nonresident public adjuster license, or business entity public adjuster license or may levy an administrative fine in accordance with subsection 4, or a combination of those a…

1. At the time of issuance of a resident public adjuster license or a nonresident public adjuster license and for the duration of the license, an applicant shall maintain a surety bond satisfactory to the commissioner for the use and benefit of the commissioner for insureds that …

1. Except as otherwise provided in this section, an individual who holds a resident public adjuster license or a nonresident public adjuster license shall satisfactorily complete a minimum of twenty-four credits of continuing education, including three credits of ethics, reported…

1. A contract for a public adjuster's services must be in writing and contain the following terms: a. Legible full name of the public adjuster signing the contract, as specified in commissioner records; b. Home state, business address, and telephone number; c. Public adjuster lic…

1. A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section include: a. The name of the insured; b. The date, location, and amount of the loss; c. A copy of the contract between the public adjuster and the i…

1. A public adjuster shall serve with objectivity and complete loyalty to the interest of the insured and in good faith shall render to the insured such information, counsel, and service, as within the knowledge, understanding, and opinion of the public adjuster will best serve t…

1. A public adjuster may charge the insured a reasonable fee for public adjuster services. 2. A person may not accept a commission, service fee, or other valuable consideration for investigating or settling claims in this state if the person is required to be licensed under this …

The commissioner may adopt rules to carry out this chapter.

Within a reasonable time after receipt of a properly completed application for a license under this chapter, the commissioner may conduct an investigation and propound interrogatories concerning the applicant's qualifications, residence, business affiliations, and any other matte…

Each examination must be approved for use by the commissioner and must reasonably test the applicant's knowledge as to the policies and transactions to be handled under the license applied for, the duties and responsibilities of the licensee, and the pertinent insurance laws of t…

The commissioner may contract with nongovernmental entities, including the national association of insurance commissioners or any affiliate or subsidiary the national association of insurance commissioners oversees, to perform any ministerial functions, including the collection o…

Whenever the commissioner believes this chapter has been violated, the commissioner, at the expense of the public adjuster involved, may examine, at the offices of the public adjuster, whether located within or outside this state, all books, records, and papers of the public adju…

After the effective date of this Act, 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 public adjusting ser…

For purposes of this chapter, unless the context otherwise requires: 1. "Location" means any physical location in this state or any website, call center site, or similar location directed to residents of this state. 2. "Occupant" means the person who rents a space at a self-servi…

1. An owner shall obtain from the insurance commissioner and hold a limited lines license under this section if the owner sells, solicits, or offers coverage for self-service storage insurance. This section does not require an owner to be licensed solely to display and make avail…

1. At every location where self-service storage insurance is offered to occupants, the owner shall make available to occupants brochures or other written or electronic materials that: a. Disclose that self-service storage insurance may provide a duplication of coverage already pr…

1. Employees and authorized representatives of an owner may sell, solicit, and offer self-service storage insurance to occupants and are not subject to licensure as an insurance producer under this chapter if: a. The owner obtains a limited lines license to authorize the owner's …

1. An owner selling, soliciting, or offering self-service storage insurance shall apply to the commissioner. 2. a. The applicant shall provide the name, residential address, and other information required by the commissioner for the supervising entity designated by the applicant …

Within a reasonable time after receipt of a properly completed application for a license under this chapter, the commissioner may conduct investigations and propound interrogatories concerning the applicant's qualifications, residence, business affiliations, and any other matter …

If the commissioner believes 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 outside this state, all books, records, and papers of the insurer or …

The commissioner may suspend, revoke, place on probation, or refuse to continue or issue a license issued under this chapter if, after notice to the licensee or applicant and a hearing, the commissioner finds as to the licensee any of the following conditions: 1. A materially unt…

The commissioner may adopt reasonable rules for the implementation and administration of this chapter.

In this chapter, unless the context otherwise requires: 1. "Covered entity" means a nonprofit hospital or a medical service corporation; a health insurer; a health benefit plan; a health maintenance organization; a health program administered by the state in the capacity of provi…

1. A person may not establish or operate as a pharmacy benefits manager in this state without first obtaining a license from the commissioner under this section. A person violating this subsection is guilty of a class C felony. 2. A person applying for a pharmacy benefits manager…

1. A pharmacy benefits manager shall disclose to the commissioner any ownership interest of any kind with: a. Any insurance company responsible for providing benefits directly or through reinsurance to any plan for which the pharmacy benefits manager provides services. b. Any par…

1. A pharmacy benefits manager shall comply with sections 19-02.1-01, 19-02.1-02, 19-02.1-14.2, 19-02.1-16, 19-02.1-16.1, 19-02.1-16.2, 19-02.1-16.3, 19-02.1-16.4, 19-02.1-16.5, and 19-02.1-16.6 in chapter 19-02.1. 2. A pharmacy benefits manager may not require a pharmacist or ph…