Section 27-16-1. – [Transferred.]
§ 27-16-1. [Transferred.]
Section 27-16-1.1. – Purpose of §§ 27-16-1.1 — 27-16-2.6 — Suits by states.
§ 27-16-1.1. Purpose of §§ 27-16-1.1 — 27-16-2.6 — Suits by states. The purpose of §§ 27-16-1.1 — 27-16-2.6 is to subject certain insurers to the jurisdiction of the insurance commissioner and the courts of this state in suits by or on behalf of the state. The legislature declares that it is concerned with the […]
Section 27-16-1.2. – Certificate of compliance — Exceptions.
§ 27-16-1.2. Certificate of compliance — Exceptions. (a) It shall be unlawful for any insurer to transact insurance business in this state as set forth in subsection (b) of this section without a certificate of compliance from the commissioner; provided, that this section shall not apply to: (1) The lawful transaction of surplus lines insurance; […]
Section 27-16-1.3. – Restraining order.
§ 27-16-1.3. Restraining order. Whenever the commissioner believes, from evidence satisfactory to the commissioner, that any insurer is violating or about to violate the provisions of § 27-16-1.2, the commissioner may, through the attorney general of this state, cause a complaint to be filed in the superior court to enjoin and restrain the insurer from […]
Section 27-16-1.4. – Secretary of state as agent for service of process.
§ 27-16-1.4. Secretary of state as agent for service of process. (a) Any act of transacting an insurance business as set forth in § 27-16-1.2 by any unauthorized insurer is equivalent to and shall constitute an irrevocable appointment by the insurer, binding upon the insurer, his or her executor or administrator, or successor in interest […]
Section 27-16-1.5. – Requirements before defensive pleadings.
§ 27-16-1.5. Requirements before defensive pleadings. (a) Before any unauthorized insurer files or causes to be filed in any pleading in any court action, suit, or proceeding or in any notice, order, pleading, or process in an administrative proceeding before the commissioner instituted against a person or insurer, by service made as provided in § […]
Section 27-16-10. – Security or certificate required before defensive pleadings.
§ 27-16-10. Security or certificate required before defensive pleadings. Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, the unauthorized insurer shall deposit with the clerk of the court in which the action, suit, or proceeding is pending, cash […]
Section 27-16-11. – Defensive motions as to jurisdiction.
§ 27-16-11. Defensive motions as to jurisdiction. Nothing in § 27-16-10 is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service of it made in the manner provided in § 27-16-6 or 27-16-7 on the ground either: (1) That the […]
Section 27-16-12. – Discretionary postponement of proceedings.
§ 27-16-12. Discretionary postponement of proceedings. The court in any action, suit, or proceeding in which service is made in the manner provided in § 27-16-6 or § 27-16-7 may, in its discretion, order any postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of § 27-16-10 and […]
Section 27-16-13. – Attorney fees.
§ 27-16-13. Attorney fees. In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer has failed for thirty (30) days after demand prior to […]
Section 27-16-14. – Severability.
§ 27-16-14. Severability. If any provision of §§ 27-16-3 — 27-16-14 or the application of any of these provisions to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the […]
Section 27-16-2. – [Transferred.]
§ 27-16-2. [Transferred.]
Section 27-16-2.1. – Enforcement of orders.
§ 27-16-2.1. Enforcement of orders. (a) Enforcement. The attorney general upon request of the commissioner may proceed in the courts of this state or any reciprocal state to enforce an order of decision in any court proceeding or in any administrative proceeding before the commissioner of insurance. (b) Definitions. In this section: (1) “Foreign decree” […]
Section 27-16-2.2. – Penalty.
§ 27-16-2.2. Penalty. Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in §§ 27-16-1.1 — 27-16-2.6 may be fined not more than ten thousand dollars ($10,000). History of Section.G.L. 1938, ch. 151, § 31; P.L. 1940, ch. 856, § 2; G.L. 1956, § 27-16-1; G.L., § 27-16-2.2; P.L. […]
Section 27-16-2.3. – Short title.
§ 27-16-2.3. Short title. Sections 27-16-1.1 — 27-16-2.6 may be cited as the “Uniform Unauthorized Insurers Act”. History of Section.P.L. 1973, ch. 231, § 2; P.L. 1994, ch. 134, § 13.
Section 27-16-2.4. – Severability.
§ 27-16-2.4. Severability. If any provision of §§ 27-16-1.1 — 27-16-2.6 or the application of any of these provisions to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision and to this end the provisions are […]
Section 27-16-2.5. – Exemption for Automobile club service.
§ 27-16-2.5. Exemption for Automobile club service. Nothing in §§ 27-16-1.2 and 27-16-2.2 shall be construed to limit or prevent any automobile club or association from paying or agreeing to pay for the services of an attorney as provided in § 11-27-16(a)(8), nor from providing or agreeing to provide or pay for its members’ bail, […]
Section 27-16-2.6. – Hospitals affiliated with accredited medical schools — Indemnification of personnel.
§ 27-16-2.6. Hospitals affiliated with accredited medical schools — Indemnification of personnel. Nothing in §§ 27-16-1.2 — 27-16-2.2 shall be construed to limit or prevent hospitals affiliated with an accredited medical school from agreeing to indemnify hospital employees, and physicians, including physicians’ incorporated or unincorporated practices and employees, and medical, nursing, or allied health students […]
Section 27-16-3. – Short title.
§ 27-16-3. Short title. Sections 27-16-3 — 27-16-14 may be cited as the “Unauthorized Insurers Process Act”. History of Section.P.L. 1956, ch. 3725, § 6; G.L. 1956, § 27-16-3.
Section 27-16-4. – Purpose of process provisions.
§ 27-16-4. Purpose of process provisions. (a) The purpose of §§ 27-16-3 — 27-16-14 is to subject certain insurers to the jurisdiction of the courts of this state in suits by or on behalf of insured or beneficiaries under insurance contracts. (b) The legislature declares that it is a subject of concern that many residents […]