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§ 2-201. Enforcement of article

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 2. Maryland Insurance Administration
Subtitle 2. Enforcement (Refs & Annos)
MD Code, Insurance, § 2-201
§ 2-201. Enforcement of article
Currentness
Actions brought by Commissioner
(a) The Commissioner may bring an action in a court of competent jurisdiction to enforce this article or an order issued by the Commissioner under this article.
Representation by Attorney General’s office
(b) The Commissioner shall be represented by the Attorney General, an assistant Attorney General, or another attorney at law designated by the Attorney General.
Referral of alleged violations to State’s Attorney or Attorney General
(c) Whenever the Commissioner believes that a person has committed a violation of this article for which criminal prosecution is provided, the Commissioner shall refer the alleged violation to:
(1) the State's Attorney for the county where the violation allegedly occurred or the person resides; or
(2) the Attorney General, if the alleged violation is statewide and not local in nature.
Fraudulent claim allegations
(d)(1) The Commissioner may investigate any complaint that alleges that a fraudulent claim has been submitted to an insurer.
(2) If the Commissioner finds that a complaint has merit, the Commissioner may refer the complaint to an appropriate law enforcement authority, including the Attorney General, for appropriate action.
Imposition of penalty or remedy authorized by article
(e) The Commissioner may enforce the provisions of this article, and may impose any penalty or remedy authorized by this article, against a person that is under investigation for or charged with a violation of this article if:
(1) the person's certificate of authority, certificate of qualification, license, or registration is no longer in effect; and
(2) the alleged violation occurred no more than 5 years before surrender or lapse of the certificate, license, or registration.

Credits

Added by Acts 1995, c. 36, § 1, eff. Oct. 1, 1997. Amended by Acts 1996, c. 106, § 2, eff. Oct. 1, 1997.
Formerly Art. 48A, §§ 25, 34A.
MD Code, Insurance, § 2-201, MD INSURANCE § 2-201
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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