Title 26.1 — Insurance

Transportation network company insurance that meets the requirements of this chapter is deemed to satisfy the financial responsibility requirements of chapter 39-16.

A participating driver of a transportation network company shall carry proof of transportation network company insurance coverage at all times during the driver's use of a vehicle in connection with a transportation network company's online-enabled application or platform. In the…

Transportation network company insurance required by this chapter may be placed with an insurer authorized to do business in the state or with a surplus lines insurer eligible under section 26.1-44-03.

1. "Delivery available period" means the period when a driver: a. Has logged on to a digital network and is available to receive requests to provide delivery services from a delivery network company; b. Is operating a personal vehicle; and c. Is not providing delivery services or…

A delivery network company shall disclose in writing or electronic form to a participating delivery network driver, as part of the delivery network company's agreement with the driver: 1. The insurance coverage, including the types of coverage and the limits for each coverage, th…

1. An authorized insurer that writes motor vehicle liability insurance in the state may exclude any and all coverage and the duty to defend or indemnify for any injury or loss occurring during the delivery available period and the delivery service period, including: a. Liability …

1. A delivery network driver shall carry proof of insurance required at all times while using a personal vehicle in connection with a digital network. If an accident occurs, a delivery network driver shall, upon request, provide insurance coverage information to a directly intere…

Insurance coverage required by this chapter may be obtained from an insurance company licensed to transact business under title 26.1.

This chapter does not limit the scope of federal or state law regarding delivery or transport of goods. A delivery made under this chapter which is subject to such other law also must comply with the requirements of that law. If there is a conflict between this chapter and anothe…

This chapter applies to every kind of direct insurance, except: 1. Life, annuity, health, or disability insurance; 2. Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks; 3. Fidelity or surety bonds or any other bonding …

As used in this chapter: 1. "Affiliate" means a person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December thirty-first of the year immediately following the date the insurer…

A nonprofit unincorporated legal entity known as the North Dakota insurance guaranty association is created. Every insurer defined as a member insurer in section 26.1-42.1-02 shall be and remain a member of the association as a condition of that insurer's authority to transact in…

1. The board of directors of the association consists of a minimum of five and a maximum of nine persons serving terms as established in the plan of operation. The members of the board must be selected by member insurers, subject to the approval of the commissioner. A vacancy on …

1. The association: a. Shall pay covered claims existing before the order of liquidation and arising within thirty days after the order of liquidation or before the policy expiration date if less than thirty days after the order of liquidation, or before the insured replaces the …

1. The association shall submit to the commissioner a plan of operation and any amendments to this plan necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments become effective upon written ap…

1. The commissioner shall: a. Notify the association of the existence of an insolvent insurer within three days after the commissioner receives notice of the determination of the insolvency. The association is entitled to a copy of any complaint seeking an order of liquidation wi…

1. Any person recovering under this chapter is deemed to have assigned that person's rights under the policy to the association to the extent of recovery from the association. Every insured or claimant seeking the protection of this chapter shall cooperate with the association to…

1. Any person with a claim against an insurer, regardless of whether that insurer is a member insurer under any provision in an insurance policy other than a policy of an insolvent insurer which is also a covered claim, is required to exhaust first that person's right under that …

To aid in the detection and prevention of insurer insolvencies: 1. The board of directors, upon majority vote, may make recommendations to the commissioner for the detection and prevention of insurer insolvencies. 2. The board of directors, upon majority vote, may make recommenda…

The association is subject to examination and regulation by the commissioner. The board of directors shall submit, by March thirty-first of each year, a financial report for the preceding calendar year in a form approved by the commissioner.

The association is exempt from payment of all fees and all taxes levied by this state or any political subdivision except taxes levied on property.

The rate and premiums charged for insurance policies to which this chapter applies must include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association. These rates ma…

There is no liability on the part of and no claim for relief may arise against any member insurer, the association or the association's agents or employees, the board of directors, or any person serving as a representative of any director, or the commissioner or the commissioner'…

All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state, subject to waiver by the association in specific cases involving covered claims, must be stayed until the last day fixed by the court for the filing of claims a…

For purposes of this chapter, unless the context otherwise requires: 1. "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. 2. "Ancillary services" includ…

1. This chapter applies to all discount plan organizations conducting business in this state. 2. A discount plan organization that is a health insurer licensed pursuant to title 26.1: a. Is not required to be registered as a discount plan organization. However, any of the organiz…

1. Before doing business in or from this state as a discount plan organization, a discount plan organization: a. Must be authorized to transact business in this state through the secretary of state; and b. Must be registered by the commissioner to operate as a discount plan organ…

A provider that provides discounts to the provider's own patients, without any cost or fee of any kind to the patient, is not required to obtain and maintain registration under this chapter as a discount plan organization.

Each registered discount plan organization shall maintain in force a surety bond in the organization's own name in an amount not less than thirty-five thousand dollars to be used in the discretion of the commissioner to protect the financial interest of members. The bond must be …

Except for the commissioner, the assets or securities held in this state as a deposit pursuant to section 26.1-53.1-05 are not subject to levy by a judgment creditor or other claimant of the discount plan organization.

Before registration by the commissioner, each discount plan organization shall establish an internet website. The internet website must have an up-to-date list of names and addresses of the providers with which the organization has contracted directly or through a provider networ…

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

A discount plan organization shall report to the commissioner any administrative action taken against the organization in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report must include a cop…

The commissioner may suspend the authority of a discount plan organization to enroll new members or refuse to renew, suspend, or revoke a discount plan organization's registration if, after notice to the registrant and hearing, the commissioner finds that any of the following con…

If the registration of a discount plan organization is surrendered, revoked, or not renewed, the discount plan organization shall proceed, immediately following surrender, or the effective date of the order of revocation or, in the case of a nonrenewal, the date of expiration of …

The commissioner shall, in the commissioner's order suspending the authority of the discount plan organization to enroll new members, specify the period during which the suspension is to be in effect and the conditions, if any, that must be met by the discount plan organization b…

The commissioner may examine or investigate the business and affairs of any discount plan organization to protect the interests of the residents of this state for any potential violations of this chapter or as the commissioner deemed necessary. The discount plan organization shal…

1. A discount plan organization may charge a periodic charge as well as a reasonable one-time processing fee for a discount plan. 2. If a member cancels the member's membership in the discount plan organization within the first thirty days after the date of receipt of the signed …

1. If a discount plan is bundled with other products, the bundled product must clearly identify the discount plan component separately from each other component. 2. A discount plan organization that is a health insurer licensed pursuant to title 26.1 which provides a discount pla…

1. A discount plan organization must have a written provider agreement with all providers offering medical or ancillary services to the organization's members. The written provider agreement may be entered directly with the provider or indirectly with a provider network to which …

1. A discount plan organization may market directly or contract with other marketers for the distribution of the organization's product. 2. The discount plan organization must have an executed written agreement with a marketer before the marketer's marketing, promoting, selling, …

Any advertisements, marketing materials, brochures, discount plan cards, and any other communications of a discount plan organization provided to prospective members and members must be truthful and not misleading in fact or implication. An advertisement, marketing material, broc…

A discount plan organization may not: 1. Except as otherwise provided in this chapter, or as a disclaimer of any relationship between discount plan benefits and insurance, or as a description of an insurance product connected with a discount plan, use the term "insurance" in any …

1. A discount plan organization or marketer shall disclose clearly and conspicuously in writing to any prospective member and on any advertisements, marketing materials, or brochures relating to a discount plan: a. The plan is a discount plan and is not insurance coverage; b. The…

Each new member must be provided a written document that contains the terms and conditions of the discount plan that clearly provides: 1. The name of the member; 2. The benefits to be provided under the discount plan; 3. Any processing fees and periodic charges associated with th…

Each discount plan organization shall provide the commissioner at least thirty days' advance notice of any change in the discount plan organization's name, principal business address, mailing address, or internet website address.

1. A discount plan organization shall file an annual report with the commissioner in the form prescribed by the commissioner no later than March first. 2. The report must include: a. If different from the initial application for registration or at the time of renewal of registrat…

In addition to or in lieu of any applicable denial, suspension, or revocation of registration, 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 act…

Each discount plan organization shall designate and provide the commissioner with the name, address, and telephone number of the discount plan organization's compliance officer responsible for ensuring compliance with this chapter.

1. Upon demand by the commissioner, a discount plan organization shall file with the commissioner a list of prospective member fees and charges associated with the discount plan. 2. A copy of every form to be used by a discount plan organization, including the form for the writte…