Unlicensed activities; acts committed in the Virgin Islands; Sanctions 24

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  • (a) For the purpose of section 752, an act is committed in the Virgin Islands if it is committed, in whole or in part, in the Virgin Islands, or affects persons or property within the Virgin Islands and relates to or involves an insurance contract, health care services contract, or health maintenance agreement.

  • (b) If a person violates provisions of section 752, the Commissioner may:

    • (1) issue and enforce a cease and desist order in accordance with sections 54 and 55 of this title; or

    • (2) suspend or revoke a license; or

    • (3) both issue cease and desist order and suspend or revoke the license.

  • (c) Any person violating this section may be fined up to $10,000 or imprisonment for not more than one year, or both, for each instance of violation, in addition to any other penalty or forfeiture provided by law. Notwithstanding any other provision of this title, the penalties and fines provided in this chapter for violation of this chapter control, unless specifically provided otherwise.

  • (d) Upon failure to pay a civil penalty when due, the Attorney General may bring a civil action on behalf of the Commissioner to recover the unpaid penalty.

  • (e) The Commissioner may suspend or revoke the license of an insurance producer or adjuster or issue a cease and desist order, or may do both, if, after notice and opportunity for hearing, the Commissioner finds that an insurance producer or adjuster:

    • (1) is using such methods or practices in the conduct of its business so as to render its further transaction of business in the Virgin Islands hazardous or injurious to insured persons or the public;

    • (2) has failed to pay any judgment rendered against it in the territory within 60 days after the judgment has become final;

    • (3) has, in the transaction of business under its license, used fraudulent, coercive or dishonest practices, or has demonstrated untrustworthiness or financial irresponsibility; or is not of good personal and business reputation;

    • (4) has obtained or attempted to obtain a license through misrepresentation or fraud;

    • (5) has violated any lawful rule or order of the Commissioner or any provision of the insurance laws of the Virgin Islands;

    • (6) has refused to be examined or to produce its accounts, records and files for examination, or has refused to give information with respect to its affairs or has refused to perform any other legal obligation as to an examination, when required by the Commissioner;

    • (7) has failed to appear without reasonable cause or excuse in response to a subpoena, examination warrant or any other order lawfully issued by the Commissioner;

    • (8) has misappropriated or converted to its own use, or improperly withheld, money required to be held in a fiduciary capacity;

    • (9) has intentionally made a material misstatement on its application for a license;

    • (10) has been, within the past three years, convicted of, or has entered a plea of guilty or nolo contendere to a felony without regard to whether adjudication was withheld, unless the person demonstrates to the Commissioner sufficient rehabilitation to warrant the public trust;

    • (11) has had a license suspended or revoked or its application denied in any of the 50 states or territories of the United States; or

    • (12) has performed any other action the Commissioner determines is a violation of the laws and regulations of the Virgin Islands.


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