§ 58-28-14. Monetary penalty; factors to be considered.
§ 58‑28‑14. Monetary penalty; factors to be considered.
In determining the amount ofthe penalty under G.S. 58‑28‑13, the Commissioner shall consider:
(1) The amount of moneythat inured to the benefit of the violator as a result of the violation,
(2) Whether theviolation was committed willfully.
(3) The prior record ofthe violator in complying or failing to comply with laws, rules, or ordersapplicable to the violator.
(4) The failure of theviolator to provide timely and complete responses to the Department's inquiriesabout the violator's insurance activities in North Carolina.
(5) The extent anddegree to which the violator marketed its insurance product in this State.
(6) The extent to whichthe violator's marketing materials, including fax solicitations, Internet Websites, circulars, or other forms of advertisement or solicitations through anymedium, were deceptive or misleading to residents of this State.
(7) The number ofresidents of this State who enrolled in the violator's insurance plan.
(8) The number ofpolicies and amount of insurance coverage issued by the violator to residentsof this State.
(9) The failure of theviolator to promptly refund premiums and other consideration paid by residentsof this State for insurance coverage issued by the violator upon requests bythe residents of this State or the Department.
(10) The extent and degreeof harm to residents of this State. In assessing the extent and degree of harm,the Commissioner shall consider, among other things, the amount of premiums andother consideration paid by residents of this State for coverage issued by theviolator, the failure of the violator to pay claims made by residents of thisState, and number and dollar amount of claims made by residents of this Statethat the violator has failed to pay.
(11) Whether the violatorhas a prior record of violating this Article or the unauthorized insurance lawsof any other state. "Prior record" includes final administrativeorders issued by the Commissioner or insurance regulator of any other state;federal or state criminal convictions, including pleas of guilty or nolocontendere; civil judgments; and written settlement agreements of stateadministrative proceedings, state or federal criminal proceedings, or civillawsuits against the violator or any entity of which the violator was either aprincipal or owner. (2008‑124, s. 3.4.)