58-12-33. Flagrant or frequent violations--Notice and opportunity to correct inadvertent violations.
Any act by an insurer, if committed in violation of this section, is an unfair claims practice if:
(1)It is committed flagrantly and in conscious disregard of the provisions of §§58-12-31 to 58-12-37, inclusive, or any rule promulgated pursuant to §§58-12-31 to 58-12-37, inclusive; or
(2)It is committed with such frequency to indicate a general business practice to engage in that type of conduct.
For any act defined in §58-12-34, the director shall provide notice and an opportunity to correct the violation pursuant to §58-33-68 if the act was inadvertent. Any act that is committed flagrantly or in conscious disregard of the provisions of §§58-12-31 to 58-12-37, inclusive, are not subject to the procedures required under §58-33-68.
Source: SL 2014, ch 235, §3.