§ 26.1-33.4-14 — Injunctions - Civil remedies - Cease and desist

North Dakota § 26.1-33.4-14

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-33.4: Life Settlements

Text

1. In addition to the penalties and other enforcement provisions of this chapter, if any
person violates this chapter or any rule implementing this chapter, the commissioner
may seek an injunction in a court of competent jurisdiction in the county where the
person resides or has a principal place of business and may apply for temporary and
permanent orders that the commissioner determines necessary to restrain the person
from further committing the violation.
2. Any person damaged by the acts of another person in violation of this chapter or any
rule or regulation implementing this chapter may bring a civil action for damages
against the person committing the violation in a court of competent jurisdiction.
3. The commissioner may issue a cease and desist order upon a person that violates any
provision of this part, any rule or order adopted by the commissioner, or any written
agreement entered into with the commissioner in accordance with chapter 28-32.
4. When the commissioner finds that such an action presents an immediate danger to the
public and requires an immediate final order, the commissioner may issue an
emergency cease and desist order reciting with particularity the facts underlying such
findings. The emergency cease and desist order is effective immediately upon service
of a copy of the order on the respondent and remains effective for ninety days. If the
commissioner begins nonemergency cease and desist proceedings under
subsection 1, the emergency cease and desist order remains effective, absent an
order by an appellate court of competent jurisdiction pursuant to chapter 28-32. In the
event of a willful violation of this chapter, the trial court may award statutory damages
in addition to actual damages in an additional amount up to three times the actual
damage award. The provisions of this chapter may not be waived by agreement. A
choice of law provision may not be utilized to prevent the application of this chapter to
any settlement in which a party to the settlement is a resident of this state.