Section 7614. Penalties


Latest version.
  • (a) If any insurer fails to file any return or make
      any payment required by this article, or if the superintendent has cause
      to  believe  that  any  return  or  other  statement  filed  is false or
      inaccurate in any particular, or that any payment made is incorrect,  he
      may  examine  all  the books and records of the insurer to ascertain the
      facts and determine the correct amount to be paid and may proceed in any
      court of competent jurisdiction to recover for the benefit of  the  fund
      any sums shown to be due upon such examination and determination.
        (b) Any insurer which fails to make any such required statement, or to
      make  any  payment  to  the  fund when due, shall thereby forfeit to the
      appropriate fund a penalty of five percent of the amount  determined  to
      be  due  plus  one  percent  of  such amount for each month of delay, or
      fraction thereof, after the expiration of the first month of such delay.
      If satisfied that the delay was excusable, the superintendent may  remit
      all or any part of the penalty.
        (c)  The superintendent, in his discretion, may revoke the certificate
      of authority to do business in this state of any foreign  insurer  which
      fails  to  comply  with  this  article  or  to  pay  any penalty imposed
      hereunder.