58-58-290. Injunctions; civil remedies; cease and desist orders.
(a) In addition to the penalties and other enforcement provisions of this Part, if any person violates this Part or any rule implementing this Part, 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) Any person damaged by the acts of a person in violation of this Part may bring a civil action against the person committing the violation in a court of competent jurisdiction.
(c) The Commissioner may issue, in accordance with G.S. 58-63-32, a cease and desist order upon a person that violates any provision of this Part, any rule or order adopted by the Commissioner, or any written agreement entered into with the Commissioner. The cease and desist order may be subject to judicial review under G.S. 58-63-35.
(d) When the Commissioner finds that an activity in violation of this Part 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 in accordance with G.S. 58-63-35.
(e) In addition to the penalties and other enforcement provisions of this Part, any person who violates this Part is subject to G.S. 58-2-70. (2001-436, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 58 - Life Insurance and Viatical Settlements.
§ 58-58-1 - Definitions; requisites of contract.
§ 58-58-5 - Industrial life insurance defined.
§ 58-58-10 - Credit life insurance defined.
§ 58-58-15 - Any type of survivorship fund in life insurance contract prohibited.
§ 58-58-20 - Tie-in sales with life insurance prohibited.
§ 58-58-22 - Individual policy standard provisions.
§ 58-58-23 - Standard provisions for annuity and pure endowment contracts.
§ 58-58-30 - Soliciting agent represents the company.
§ 58-58-35 - Discrimination between insurants forbidden.
§ 58-58-40 - Misrepresentations of policy forbidden.
§ 58-58-45 - Financial Provisions.
§ 58-58-50 - Standard Valuation Law.
§ 58-58-51 - NAIC valuation manual operative date.
§ 58-58-55 - Standard nonforfeiture provisions.
§ 58-58-61 - Standard nonforfeiture law for individual deferred annuities.
§ 58-58-65 - Reinsurance of companies regulated.
§ 58-58-70 - Insurable interest as between stockholders, partners, etc.
§ 58-58-75 - Insurable interest in life and physical ability of employee or agent.
§ 58-58-80 - Insurable interest in life and physical ability of partner.
§ 58-58-85 - Insurable interest in life of person covered by pension plan.
§ 58-58-86 - Insurable interest of charitable organizations.
§ 58-58-95 - Rights of beneficiaries.
§ 58-58-97 - Provision of life insurance information upon notification of insured's death.
§ 58-58-110 - Interest payments on death benefits.
§ 58-58-115 - Creditors deprived of benefits of life insurance policies except in cases of fraud.
§ 58-58-120 - Notice of nonpayment of premium required before forfeiture.
§ 58-58-125 - Minimum premium rates for assessment life insurance companies.
§ 58-58-130 - Distribution of surplus in mutual companies.
§ 58-58-135 - "Group life insurance" defined.
§ 58-58-140 - Group life insurance standard provisions.
§ 58-58-141 - Portability of group life insurance.
§ 58-58-145 - Group annuity contracts defined; requirements; issuance of individual certificates.
§ 58-58-146 - Application for annuities required.
§ 58-58-147 - Surrender fees on death benefits.
§ 58-58-150 - Employee life insurance defined.
§ 58-58-155 - Assignment of interest in group policies and annuity contracts.
§ 58-58-160 - Voting power under policies of group life insurance.
§ 58-58-165 - Exemption from execution.
§ 58-58-170 - Contestability after reinstatement.
§ 58-58-210 - License requirements.
§ 58-58-215 - License revocation and denial.
§ 58-58-220 - Approval of viatical settlement contracts and disclosure statements.
§ 58-58-225 - Reporting requirements and privacy.
§ 58-58-235 - Record retention requirements.
§ 58-58-240 - Investigative authority of the Commissioner.
§ 58-58-255 - Prohibited practices.
§ 58-58-260 - Advertising for viatical settlements.
§ 58-58-267 - Fraud warning required.
§ 58-58-268 - Viatical settlement antifraud initiatives.
§ 58-58-270 - Report to Commissioner.
§ 58-58-280 - Confidentiality.
§ 58-58-285 - Other law enforcement or regulatory authority.
§ 58-58-290 - Injunctions; civil remedies; cease and desist orders.
§ 58-58-295 - Unfair trade practices.
§ 58-58-300 - Authority to adopt rules.
§ 58-58-305 - Jurisdictional limitations.
§ 58-58-340 - Practices declared false, misleading, deceptive, or unfair on a military installation.
§ 58-58-345 - Practices declared false, misleading, deceptive, or unfair regardless of location.
§ 58-58-350 - Procedures and sanctions.
§ 58-58-360 - Purpose [Short title].
§ 58-58-370 - No preemption of Unclaimed Property Act.
§ 58-58-390 - Requirements for insurers.
§ 58-58-400 - Noncompliance may constitute unfair claims settlement practice.