§ 563 — Violations and penalties

§ 563. Violations and penalties. 1. Any person, including any member,\nofficer, director or employee of a licensee, who violates or\nparticipates in the violation of any provision of this article, or who\nknowingly makes any incorrect statement of a material fact in any\napplication, report or statement filed pursuant to this article, or who\nknowingly omits to state any material fact necessary to give the\nsuperintendent any information lawfully required by him or refuses to\npermit any lawful investigation or examination, shall be guilty of a\nmisdemeanor and, upon conviction, shall be fined not more than five\nhundred dollars or imprisoned for not more than six months or both, in\nthe discretion of the court.\n 2. A premium finance agency's knowingly taking or receiving from or\ncharging an insured a greater charge than authorized in this article\nshall be held and adjudged a forfeiture of all charges which the premium\nfinance agreement carries with it or which have been agreed to be paid\nthereon, and if a greater charge has been paid by an insured, the person\npaying the same or his legal representative may recover from the premium\nfinance agency twice the entire amount of the charges thus paid if\naction is brought within two years from the time of such payment.\n 3. No licensee shall make, directly or indirectly, orally or in\nwriting, or by any method, practice or device, a representation that he\nis licensed under the banking law except that a licensee may make a\nrepresentation that he is licensed as a premium finance agency under the\nbanking law and is licensed to finance insurance premiums.\n