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Session Laws, 1999
Volume 796, Page 1154   View pdf image
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28-107.

(A) IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY THIS TITLE, ANY
INSURER OR PERSON THAT VIOLATES THIS TITLE IS SUBJECT TO A CIVIL PENALTY
OF UP TO $100,000 FOR EACH DAY THE VIOLATION CONTINUES.

(B) IF THE COMMISSIONER FINDS THAT A VIOLATION OF THIS TITLE IS
WILLFUL, THE INSURER SHALL BE FINED AN AMOUNT THAT THE COMMISSIONER
CONSIDERS APPROPRIATE BASED ON THE DEGREE OF WILLFUL MISCONDUCT AND
THE NATURE OF THE VIOLATION.

28-108.

AN INSURER MAY NOT BE CONSIDERED TO BE IN VIOLATION OF ANY PROVISION
OF TITLE 27 OF THIS ARTICLE FOR COMPLYING WITH THIS TITLE.

28-100.

(A) (1) AN INSURER THAT, UNDER THE LAWS OF ANOTHER JURISDICTION,
IS REQUIRED, OR WHOSE HOLDING COMPANY IS REQUIRED, TO REPORT, CERTIFY, OR
OTHERWI
SE DISCLOSE INFORMATION SUBSTANTIALLY EQUIVALENT TO THAT
REQUIRED BY § 28-105 OF THIS TITLE MAY SATISFY THE REQUIREMENTS OF § 28-105
OF THIS TITLE BY FILING WITH THE COMMIS
SIONER WITHIN THE APPLICABLE
PERIODS REQUIRED UNDER THI
S SECTION, COPIES OF THE MATERIAL FILED WITH
THE OTHER JURISDICTION.

THE DETERMINATION AS TO WHETHER THE REQUIREMENTS OF A

GIVEN JURISDICTION ARE SUBSTANTIALLY EQUIVALENT TO THOSE OF § 28-105 OF
THIS TITLE SHALL BE MADE BY THE COMMISSIONER

(3) THE COMMISSIONER MAY REQUIRE THAT ANY FILING BE
SUPPLEMENTED BY A SCHEDULE OR INDEX REFERRING TO THE SPECIFIC
REQUIREMENTS OF § 28-105 OF THIS TITLE OR REGULATIONS ADOPTED UNDER §
28-105 OF THIS TITLE.

(B) THE COMMISSIONER MAY SUSPEND THE APPLICATION OF § 28-105 OF THIS
TITLE TO ANY INSURER ON A FINDING THAT
;

(1) THE INSURER, A SUBSIDIARY OF THE INSURER, OR ANY MEMBER OF
THE HOLDING COMPANY
SYSTEM THAT INCLUDES THE INSURER HAS;

(I) SUBJECTED ITSELF IN GOOD FAITH TO THE AUTHORITY OF THE
INTERNATIONAL COMMISSION REFERENCED IN A MEMORANDUM OF INTENT, DATED
APRIL a; 1008, EXECUTED BY UNITED STATES INSURANCE REGULATORS, WORLDWIDE
JEWISH ORGANIZATIONS, AND IN
SURERS, OR ANY SUCCESSOR ENTITY; AND

(II) MEANINGFULLY PARTICIPATED IN THE COMMISSION OR
SUCCESSOR ENTITY IN MANNER REASONABLY CALCULATED TO EFFECT THE
PROMPT INVESTIGATION AND RESOLUTION OF CLAIMS OF HOLOCAUST VICTIMS;

AND

 

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Session Laws, 1999
Volume 796, Page 1154   View pdf image
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