§33-44-1. Short Title
This article may be cited as the "Unauthorized Insurers Act".
§33-44-10. Defense of Action or Proceeding by Unauthorized Insurer; Bond Requirements
(a) Before any unauthorized insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, or any notice, order, pleading or process in an administrative proceeding before the commissioner instituted against the insurer, the unauthorized insurer shall either: (1) Deposit with the clerk of the court in […]
§33-44-11. Person Providing Specified Coverage; Proof of Regulation by a Federal Government Agency
(a) Any person who transacts insurance, transacts an insurance business or provides insurance coverage in this state for the cost of: (1) Medical care;
§33-44-12. Collection, Maintenance and Distribution of Restitution to Insureds
All restitution ordered by the commissioner pursuant to the authority set forth in section seven of this article and received from unauthorized insurers shall be collected by the commissioner and distributed to the affected insureds on a pro rata basis. The commissioner shall maintain a record reflecting the names of each of the insureds for […]
§33-44-13. Enforcement of Foreign Decrees
(a) The commissioner may proceed in the courts of this state, any reciprocal state or any other state to enforce an order or decision in any court proceeding or in any administrative proceeding before the commissioner. (b) The commissioner shall determine which states and territories qualify as reciprocal states. (c) A certified copy of any […]
§33-44-2. Purpose of Enactment of Provisions Regarding Unauthorized Insurers
The purpose of this article is to subject certain persons and insurers to the jurisdiction of the commissioner and to the courts of this state in suits by or on behalf of the state. The Legislature declares that it is concerned with the protection of residents of this state against unscrupulous acts by insurers not […]
§33-44-3. Definitions
(a) "Administrator" or "third-party administrator" means, as used in this article unless otherwise indicated, a person who for residents of this state, or for residents of another jurisdiction from a place of business in this state, performs administrative functions including claims administration or payment, marketing, premium accounting, premium billing, coverage verification, underwriting authority or certificate […]
§33-44-4. Unlawful Transaction of Insurance
(a) It is unlawful for any person to engage in any act which constitutes the transaction of insurance under the provisions of this article unless authorized by a license in force pursuant to the laws of this state, or unless exempted by the insurance laws of this state. Any person or insurer engaged in any […]
§33-44-5. Service of Process on Unauthorized Insurers
(a) Any act of transacting insurance by any unauthorized insurer is equivalent to and constitutes an irrevocable appointment by an unauthorized insurer, binding upon him or her, his or her executor or administrator, or successor in interest, of the Secretary of State or his or her successor in office, to be the true and lawful […]
§33-44-6. Injunctive Relief
(a) Whenever the commissioner believes, from evidence satisfactory to him or her, that any insurer is violating or is about to violate the provisions of this article, in addition to the administrative remedies available in this article, the commissioner may cause a complaint to be filed in any appropriate circuit court of this state seeking […]
§33-44-7. Administrative Relief
(a) Any person engaged in any act which constitutes the unauthorized transaction of insurance as set forth in this article may, after notice and hearing pursuant to section thirteen, article two of this chapter, be fined by the commissioner a sum not to exceed $20,000 for each unauthorized act or transaction of unauthorized insurance. (b) […]
§33-44-8. Civil Relief
(a) No insurance contract entered into in violation of this article shall preclude the insured from enforcing his or her rights under the contract in accordance with the terms and provisions of the contract and the laws of this state against any unauthorized insurer or any person assisting the unauthorized insurer to the same degree […]
§33-44-9. Criminal Penalties
Any unauthorized insurer who violates the provisions of this article is guilty of a felony and, upon conviction thereof, may be fined not more than $20,000 per each unauthorized act or transaction of unauthorized insurance or confined in the state correctional facility not less than one nor more than five years, or both fined and […]