Section 38a-432a-6 - Compliance mitigation, penalties, enforcement(a) An insurer is responsible for compliance with sections 38a-432a-1 to 38a-432a-8, inclusive, of the Regulations of Connecticut State Agencies. If a violation occurs, either because of the action or inaction of the insurer or its producer, the commissioner may order:(1) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with sections 38a-432a-1 to 38a-432a-8, inclusive, of the Regulations of Connecticut State Agencies by the insurer, an entity contracted to perform the insurer's supervisory duties or by the producer; (2) A general agency, independent agency or a producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of sections 38a-432a-1 to 38a-432a-8, inclusive, of the Regulations of Connecticut State Agencies; and(3) Appropriate penalties and sanctions.(b) Any applicable penalty of the Connecticut General Statutes for a violation of sections 38a-432a-1 to 38a-432a-8, inclusive, of the Regulations of Connecticut State Agencies may be reduced or eliminated at the discretion of the commissioner, if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice. Nothing contained in this section shall be construed to limit the commissioner's authority to terminate or suspend a producer or insurer's license or to pursue other legal or regulatory action pursuant to the insurance laws of the state of Connecticut.(c) The authority to enforce compliance with sections 38a-432a-1 to 38a-432a-8, inclusive, of the Regulations of Connecticut State Agencies is vested exclusively with the commissioner.Conn. Agencies Regs. § 38a-432a-6
Adopted effective August 4, 2005; Amended November 10, 2008; Amended February 18, 2012; amended 3/1/2022