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ND HB1092

Bill

Status

Passed

3/10/2021

Primary Sponsor

Industry, Business and Labor Committee

Click for details

Origin

House of Representatives

67th Legislative Assembly

AI Summary

  • Insurance Commissioner may impose administrative penalties up to $10,000 for each fraudulent insurance act upon showing by preponderance of evidence and with county state's attorney consent.

  • Commissioner may bring civil action in district court in Burleigh County to collect unpaid penalties after appeal rights are exhausted, including interest, attorney's fees, and costs.

  • Commissioner may order restitution to insurers or self-insured employers for fraudulent insurance proceeds, which must be paid through the insurance regulatory trust fund.

  • Persons may enter consent orders to accept administrative penalties without admitting alleged conduct and agree to cease and desist the acts alleged.

  • Administrative fines and department cost assessments (capped at 15% of penalties) are deposited in insurance regulatory trust fund for fraud education, enforcement, specialized training, and rewards up to $25,000 for reporting fraudulent acts; criminal prosecution remains available.

Legislative Description

Civil and administrative remedies used to combat insurance fraud; and to provide a penalty.

Last Action

Signed by Governor 03/09

3/10/2021

Committee Referrals

Industry, Business, and Labor1/5/2021

Full Bill Text

No bill text available