Title 26.1 — Insurance

The commissioner, or any deputy or examiner designated by the commissioner, has the right, at all reasonable times, to free access to all books and records of a health service corporation, and may summon and examine, under oath, the officers and employees of the corporation in al…

Any involuntary liquidation and dissolution of a health service corporation is governed by chapter 26.1-07. Any voluntary liquidation and dissolution is governed by chapter 10-33. Any merger or consolidation of a health service corporation is subject to the approval of the commis…

1. Any health service corporation aggrieved by any order or decision of the commissioner made without a hearing, within thirty days after notice of the order to the corporation, may make written request to the commissioner for a hearing thereon. The commissioner shall hear the pa…

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…

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. …

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…

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…

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 …

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…

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…

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…

A prepaid legal services organization may not attempt to control any attorney in the exercise of the attorney's professional judgment.

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…

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…

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…

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…

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…

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. …

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…

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.

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.

Every domestic or foreign corporation organized for the purpose of insuring titles to real property in this state or of insuring against loss by reason of defective titles thereto, or encumbrances thereon, is subject to and shall comply with all the requirements of the laws of th…

A domestic corporation organized for the purpose of insuring titles to real property in this state or of insuring against loss by reason of defective titles to real property, or encumbrances on real property, may not be incorporated unless it has an authorized capital of not less…

The surplus provided for in section 26.1-20-02 constitutes a guaranty fund, which must be invested in securities as provided by section 26.1-05-19, and be duly deposited with the commissioner, and the commissioner's certification of that deposit must be procured, as provided by l…

1. Except as provided in subsection 2, a title insurance company may issue a title insurance policy on property located in this state involving a potential policy liability up to ninety percent of the sum of the company's surplus as regards policyholders and statutory premium res…

A domestic corporation organized for the purpose of insuring title to real property in this state or of insuring against loss by reason of defective titles to real property, or encumbrances on real property, or a foreign corporation authorized to do business in this state, may no…

If a corporation fails to satisfy any judgment against it arising out of its liability under any title insurance policy, issued, insured, or assumed by it, within thirty days after the finality of the judgment becomes fixed, the judgment may be enforced against its guaranty fund …

As used in this chapter: 1. "Blanket bond" means a bond that covers collectively all public employees and public officials. 2. "Fund" means the state bonding fund. 3. "International peace garden" means an entity located upon the international boundary line between the United Stat…

The attorney general shall act as legal counsel for the office in any proceeding to which the office is a party on behalf of the fund.

Investment of the fund is under the supervision of the state investment board in accordance with chapter 21-10.

Unless otherwise provided, the bond provided under this chapter is a blanket bond. The blanket bond is a fidelity bond. The blanket bond is conditioned on the public employee or public official, as principal, rendering a true account of all moneys and property possessed as a publ…

1. The amount of coverage afforded to each state agency or political subdivision must be determined by the office based upon the amount of money or property handled and the opportunity for defalcation. Except as otherwise required by law, the minimum amount of coverage must equal…

Repealed by S.L. 2025, ch. 274, § 19.

Repealed by S.L. 2025, ch. 274, § 19. 26.1-21-09.1. Bonds of agents appointed to distribute hunting and fishing licenses or stamps - Assessment - Determination of eligibility. The annual assessment for a bond of an agent appointed by the director of the game and fish department t…

1. Each state agency and political subdivision shall apply to be bonded in the fund at least once per biennium or when a change in coverage is requested, whichever occurs first. Unless an application is denied within sixty days from the date it is received by the office, the appl…

Repealed by S.L. 1997, ch. 286, § 11.

Repealed by S.L. 1997, ch. 286, § 11. 26.1-21-11. Claims - Limitation on filing of claims against fund - Register of claims - Review and payment of claims. 1. Within sixty days after the discovery of any default or wrongful act on the part of any public employee or public officia…

1. Upon notification from the office of jeopardized fund interests under section 26.1-21-02, the state auditor may investigate the relevant state agency or political subdivision and may provide a report to the office regarding any findings. 2. The state auditor may evaluate the b…

Repealed by S.L. 2025, ch. 274, § 19. 26.1-21-14. Action against the fund - Failure to act is disallowance - Limitation - Interest. 1. An action may not be brought against the fund until a claim has been presented to the office under this chapter and the office has refused to all…

If the office determines the interests of the fund are jeopardized by the misconduct or inefficiency of any public official, the office may bring an action against the public official to require complete disclosure of the business of the state agency or political subdivision of w…

Repealed by S.L. 2025, ch. 274, § 19.

The office may reinsure any liability in excess of twenty-five thousand dollars for any one public official, or group of public officials and public employees under a blanket bond, at a cost not exceeding the assessment under this chapter. The cost of reinsurance must be paid fro…

Repealed by S.L. 2025, ch. 274, § 19.

1. If a bond or bond coverage for a public employee or public official is canceled under section 26.1-21-19, the public official or public employee may purchase a bond from an authorized surety company for a coverage amount determined by the office. The public official or public …

As used in this chapter: 1. "Fund" means the state fire and tornado fund. 2. "Indirect loss" means a loss in income or the additional expenses incurred because of a property loss. 3. "International peace garden" means an entity located upon the international boundary line between…

The office shall provide, upon request of an entity insured under the fund, coverage for an indirect loss arising out of a peril insured against by the fund. The coverage provided by the fund must be an amount that is subject to the underwriting guidelines developed by the office…

The North Dakota insurance reserve fund may use the services of producers licensed under this title to assist policyholders. Any commission paid to a producer under this section must be paid out of the assessment income of the fund and must be assessed against the policyholders t…

Investment of the fund is under the supervision of the state investment board in accordance with chapter 21-10. 26.1-22-05. Public, international peace garden, and winter show buildings insurable in fund. Repealed by S.L. 2025, ch. 275, § 17.

Repealed by S.L. 2025, ch. 275, § 17.

Repealed by S.L. 2025, ch. 275, § 17.