(a) The commissioner may order an insurer to make complete restitution to each insured of this state who is financially damaged by the insurer’s use of a form filed and used but not approved under this chapter if, after notice and opportunity for hearing, the commissioner determines:
(1) the form does not comply with this code and the rules of the commissioner;
(2) use of the form resulted in financial damage to an insured of this state; and
(3) the insurer intentionally used the form with the knowledge that it did not comply with this code and the rules of the commissioner.
(b) The commissioner may determine the form and amount of restitution ordered under this section and the period in which the restitution must be made.