Title 26.1 — Insurance

This chapter does not: 1. Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law; 2. Prevent or prohibit a person from disclosing voluntarily information concerning insurance fra…

The commissioner may adopt rules determined necessary by the commissioner for the administration of this chapter.

As used in this chapter: 1. "Authorized individual" means an individual known to and screened by the licensee and determined to be necessary and appropriate to have access to the nonpublic information held by the licensee and the licensee's information systems. 2. "Commissioner" …

Notwithstanding any other provision of law, this chapter establishes the exclusive state standards applicable to licensees for data security, the investigation of a cybersecurity event, and notification to the commissioner.

1. Commensurate with the size and complexity of the licensee, the nature and scope of the licensee's activities, including the licensee's use of third-party service providers, and the sensitivity of the nonpublic information used by the licensee or in the licensee's possession, c…

1. If a licensee learns a cybersecurity event has or may have occurred, the licensee, an outside vendor, or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation. 2. During the investigation, the licensee or an outside vendor or servic…

1. A licensee shall notify the commissioner as promptly as possible, but no later than three business days from a determination that a cybersecurity event has occurred if: a. This state is the licensee's state of domicile, in the case of an insurer, or this state is the licensee'…

1. The commissioner may examine and investigate the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. This power is in addition to the powers the commissioner has under chapter 26.1-03. Any investigation …

1. Any documents, materials, or other information in the control or possession of the department which are furnished by a licensee, or an employee or agent thereof acting on behalf of a licensee pursuant to this chapter, or that are obtained by the commissioner in an investigatio…

1. The following exceptions apply to this chapter: a. A licensee with less than five million dollars in gross revenue or less than ten million dollars in year-end assets is exempt from subsections 2 through 10 of section 26.1-02.2-03. b. A licensee that is subject to, governed by…

In the case of a violation of this chapter, a licensee may be penalized in accordance with section 26.1-01-03.3.

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

Repealed by S.L. 2025, ch. 280, § 5.

As used in this chapter: 1. "Adjusted risk-based capital report" means a risk-based capital report that has been adjusted by the commissioner in accordance with subsection 5 of section 26.1-03.1-02. 2. "Corrective order" means an order issued by the commissioner specifying correc…

1. On or prior to each March first, every domestic insurer shall prepare and submit to the commissioner a report of its risk-based capital levels as of the end of the calendar year just ended, in a form and containing any information required by the risk-based capital instruction…

1. "Company action level event" means any of the following events: a. The filing of a risk-based capital report by an insurer which indicates that: (1) The insurer's total adjusted capital is greater than or equal to its regulatory action level risk-based capital but less than it…

1. "Regulatory action level event" means, with respect to any insurer, any of the following events: a. The filing of a risk-based capital report by the insurer that indicates that the insurer's total adjusted capital is greater than or equal to its authorized control level risk-b…

1. "Authorized control level event" means any of the following events: a. The filing of a risk-based capital report by the insurer that indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level risk-based capital but less than its…

1. "Mandatory control level event" means any of the following events: a. The filing of a risk-based capital report that indicates that the insurer's total adjusted capital is less than its mandatory control level risk-based capital; b. Notification by the commissioner to the insu…

Upon any of the following, the insurer has the right to a confidential departmental hearing, on a record, at which the insurer may challenge any determination or action by the commissioner. The insurer shall notify the commissioner of the request for a hearing within five days af…

1. This chapter is supplemental to any other laws of this state, and does not preclude or limit any other powers or duties of the commissioner under these laws, including chapters 26.1-06.1 and 26.1-06.2. 2. The commissioner may adopt rules necessary for the implementation of thi…

1. Upon the written request of the commissioner, any foreign insurer shall submit to the commissioner a risk-based capital report as of the end of the calendar year just ended, the later of: a. The date a risk-based capital report would be required to be filed by a domestic insur…

There is no liability on the part of, and no cause of action may arise against, the commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.

All notices by the commissioner to an insurer that may result in regulatory action hereunder are effective upon dispatch if transmitted by registered mail, or in the case of any other transmission is effective upon the insurer's receipt of the notice.

1. For risk-based capital reports required to be filed by life insurers with respect to 1993, the following requirements apply in lieu of the provisions of sections 26.1-03.1-03, 26.1-03.1-04, 26.1-03.1-05, and 26.1-03.1-06: a. In the event of a company action level event with re…

In this chapter, unless the context or subject matter otherwise requires: 1. "Adjusted risk-based capital report" means a risk-based capital report which has been adjusted by the commissioner in accordance with section 26.1-03.2-02. 2. "Corrective order" means an order issued by …

1. On or before each March first, a domestic health organization shall prepare and submit to the commissioner a report of its risk-based capital levels as of the end of the calendar year just ended, in a form and containing such information as is required by the risk-based capita…

1. "Company action level event" means any of the following events: a. The filing of a risk-based capital report by a health organization which indicates that: (1) The health organization's total adjusted capital is greater than or equal to its regulatory action level risk-based c…

1. "Regulatory action level event" means, with respect to a health organization, any of the following events: a. The filing of a risk-based capital report by the health organization which indicates that the health organization's total adjusted capital is greater than or equal to …

1. "Authorized control level event" means any of the following events: a. The filing of a risk-based capital report by the health organization which indicates that the health organization's total adjusted capital is greater than or equal to its mandatory control level risk-based …

1. "Mandatory control level event" means any of the following events: a. The filing of a risk-based capital report that indicates that the health organization's total adjusted capital is less than its mandatory control level risk-based capital; b. Notification by the commissioner…

Upon the occurrence of any of the following events, the health organization shall have the right to a confidential departmental hearing, on a record, at which the health organization may challenge any determination or action by the commissioner. The health organization shall noti…

1. The provisions of this chapter are supplemental to any other provisions of the laws of this state, and do not preclude or limit any other powers or duties of the commissioner under such laws, including chapter 26.1-06.1. 2. The commissioner may adopt reasonable rules necessary…

1. a. A foreign health organization, upon the written request of the commissioner, shall submit to the commissioner a risk-based capital report for the calendar year just ended, the later of: (1) The date a risk-based capital report would be required to be filed by a domestic hea…

There is no liability on the part of, and no cause of action shall arise against, the commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.

All notices by the commissioner to a health organization which may result in regulatory action under this chapter are effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission, are effective upon the health organization's rec…

For risk-based capital reports required to be filed by health organizations with respect to 1999, the following requirements apply in lieu of the provisions of sections 26.1-03.2-03, 26.1-03.2-04, 26.1-03.2-05, and 26.1-03.2-06: 1. In the event of a company action level event wit…

1. This chapter may not be interpreted to limit the powers granted the commissioner by other provisions of the law. 2. This chapter must be liberally construed to effect the purpose stated in subsection 3. 3. The purpose of this chapter is the protection of the interests of insur…

The proceedings authorized by this chapter may be applied to: 1. All insurers who are doing, or have done, an insurance business in this state, and against whom claims arising from that business may exist now or in the future. 2. All insurers who purport to do an insurance busine…

For the purposes of this chapter: 1. "Ancillary state" means any state other than a domiciliary state. 2. "Creditor" is a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. 3. "Delinquency proce…

1. No delinquency proceeding may be commenced under this chapter by anyone other than the commissioner and no court has jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. 2. No court of this state has jurisdiction to entertain, hear, or de…

1. Any receiver appointed in a proceeding under this chapter may at any time apply for, and any district court may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: a. The transaction of furth…

1. Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the commissioner in any proceeding under this chapter, or any investigation pr…

Every proceeding heretofore commenced under the laws in effect before the enactment of this chapter must be deemed to have commenced under this chapter for the purpose of conducting the proceeding henceforth, except that in the discretion of the commissioner the proceeding may be…

No insurer subject to any delinquency proceedings, whether administrative or judicial, may, until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, h…

1. The commissioner may file in the district court of this state a petition alleging, with respect to a domestic insurer: a. That grounds exist which justify a court order for a formal delinquency proceeding against an insurer under this chapter; b. That the interests of policyho…

In all proceedings and judicial reviews thereof under section 26.1-06.1-09, all records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, must be and remain c…

The commissioner may apply by petition to the district court for an order authorizing the rehabilitation of a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: 1. The insurer is in such condition that the further transaction…

1. An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the commissioner and successor commissioners in office the rehabilitator, and shall direct the rehabilitator forthwith to take possession of the assets of th…

1. The commissioner as rehabilitator may appoint one or more special deputies, who shall have all the powers and responsibilities of the rehabilitator granted under this section, and the commissioner may employ such counsel, clerks, and assistants as deemed necessary. The compens…