33-20-806. Compliance mitigation — penalties — enforcement. (1) An insurer is responsible for compliance with this part. If a violation occurs, either because of the action or inaction of the insurer or its producer, the commissioner may order:

(a)an insurer or insurance producer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this part by the insurer, an entity contracted to perform the insurer’s supervisory duties, or the producer; or

(b)a general agency, independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer’s violation of this part; and

(c)appropriate penalties and sanctions.

(2)A violation of this part is an unfair trade practice under Title 33, chapter 18. Fines may be imposed pursuant to 33-1-317.

(3)Any applicable penalty for a violation of this part may be reduced or eliminated 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.

(4)The authority to enforce compliance with this part is vested exclusively with the commissioner.