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§ 626.12. Injunctions; civil remedies; cease and desist

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: December 31, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article IV-a. Life and Endowment Insurance and Annuities
Viatical Settlements Act (Refs & Annos)
Effective: December 31, 2002
40 P.S. § 626.12
§ 626.12. Injunctions; civil remedies; cease and desist
(a) Injunctions.--In addition to the penalties and other enforcement provisions of this act, if any person violates this act or any regulation implementing this act, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the commissioner determines are necessary to restrain the person from committing the violation.
(b) Civil action.--Any person damaged by the acts of a person in violation of this act may bring a civil action against the person committing the violation in a court of competent jurisdiction.
(c) Cease and desist order.--The commissioner may issue a cease and desist order upon a person that violates any provision of this act, any regulation or order adopted by the commissioner or any written agreement or consent order entered into with the commissioner.
(d) Emergency cease and desist order.--When the commissioner finds that an activity in violation of this act presents an immediate danger to the public that requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the 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 90 days. If the commissioner begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction.
(e) Civil penalties.--In addition to the penalties and other enforcement provisions of this act, any person who violates this act is subject to civil penalties of up to $5,000 per violation. Imposition of civil penalties shall be pursuant to an order of the commissioner. The order may require a person found to be in violation of this act to make restitution to persons aggrieved by violations of this act.
(f) Statute of limitations.--The applicable statute of limitations shall not begin to run until the defrauded person or law enforcement agency is aware of the fraud, but in no event may the prosecution be commenced later than seven years after the action has occurred.

Credits

2002, July 4, P.L. 699, No. 107, § 12, effective in 180 days.
40 P.S. § 626.12, PA ST 40 P.S. § 626.12
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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