Denials, refusals to renew, suspensions, and revocations; penalties; judicial review; civil damages

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    (a)    Subject to the hearing provisions of §§ 2-210 through 2-214 of this article, the Commissioner may deny, refuse to renew, suspend, or revoke a reinsurance intermediary’s license, or a reinsurance intermediary’s insurance producer license, if the reinsurance intermediary has violated this subtitle or § 10-126 of this article.

    (b)    Instead of or in addition to the penalties provided in subsection (a) of this section, the Commissioner:

        (1)    may impose a penalty not exceeding $5,000 for each violation of this subtitle;

        (2)    may bring a civil action for the benefit of an insurer or reinsurer and its policyholders and creditors to recover compensatory damages or may seek other appropriate relief; and

        (3)    may impose any other penalty authorized by this article.

    (c)    An order of the Commissioner issued under this section is subject to judicial review in accordance with § 2-215 of this article.

    (d)    A receiver appointed under Title 9, Subtitle 2 of this article may bring a civil action to recover damages or for other appropriate sanctions for the benefit of an insurer if the receiver determines that:

        (1)    a reinsurance intermediary or other person has failed to comply materially with this subtitle; and

        (2)    the failure has caused an insurer under an order of rehabilitation or liquidation to suffer a loss or damage.

    (e)    This section is not intended to limit the rights of policyholders or claimants of an insurer or reinsurer.


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