Duties and powers of the Commissioner

Checkout our iOS App for a better way to browser and research.

  • (a) The Commissioner shall:

    • (1) Notify the Association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvency;

    • (2) Upon request of the Board of Directors, provide the Association with a statement of the net direct written premiums of each member insurer.

  • (b) The Commissioner may:

    • (1) Require that the Association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter. Such notification shall be by first-class mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient;

    • (2) Require each agent of the insolvent insurer to give prompt written notice by first-class mail of the insured's last known address to each insured of the insolvent insurer for whom he was the agent of record;

    • (3) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this territory of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the Commissioner may levy a fine on any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. Such fine shall not exceed 5% of the unpaid assessment per month, except that no fine shall be less than $100 per month.

  • (c) Any final action or order of the Commissioner issued pursuant to this chapter shall be subject to judicial review in a court of competent jurisdiction.


Download our app to see the most-to-date content.