A. If after a hearing the director finds that the person charged has engaged or is engaging in any act or practice defined in or prohibited under this article as an illegal or unfair method of competition or an unfair or deceptive act or practice, the director shall order the person to cease and desist from the proscribed acts or practices.
B. If the act or practice is a violation of section 20-443, 20-443.01, 20-444, 20-445, 20-446, 20-447, 20-448, 20-448.01, 20-448.02, 20-449, 20-451, 20-452 or 20-467, chapter 27 of this title or a general business practice of committing or performing acts or omissions proscribed by sections 20-461, 20-468 and 20-469, the director may also impose a civil penalty of not more than one thousand dollars for each act or violation but not to exceed an aggregate penalty of ten thousand dollars unless the person intentionally violates any section enumerated in this subsection, in which case the director may impose a civil penalty of up to five thousand dollars for each act or violation but not to exceed an aggregate penalty of fifty thousand dollars in any six month period.
C. No order of the director pursuant to this section or order of a court to enforce it, or holding of a hearing, may in any manner relieve or absolve any person affected by the order or hearing from any other liability, penalty or forfeiture under law.
Notes of Decisions
Sparks v. Repub. Nat'l Life Ins., 647 P.2d 1127 (Ariz. 1982).
· cites it 2× “Section 20-456 provides that the Director of Insurance, upon a finding that a person has engaged in a prohibited practice under the article, shall issue a cease-and-desist order with regard to the proscribed act or practice and further grants the director authority to impose…”
Colberg v. Rellinger, 770 P.2d 346 (Ariz. Ct. App. 1988).
· cites it 4× “Similarly, the court determined that the Arizona Insurance Code created a private claim, because A.R.S. § 20-456(C) provides that the Director of Insurance may not relieve a person from any other liability under law.”
Transamerica Fin. Corp. v. Superior Court, 746 P.2d 497 (Ariz. Ct. App. 1988).
· cites it 2× “No order of the director pursuant to this section or order of court to enforce it, or holding of a hearing, may in any manner relieve or absolve any person affected by the order or hearing from any other liability, penalty or forfeiture under law.”
— Ariz. Rev. Stat. § 20-456(C) — 2 cases
Colberg v. Rellinger, 770 P.2d 346 (Ariz. Ct. App. 1988).
“Similarly, the court determined that the Arizona Insurance Code created a private claim, because A.R.S. § 20-456(C) provides that the Director of Insurance may not relieve a person from any other liability under law.”
Transamerica Fin. Corp. v. Superior Court, 746 P.2d 497 (Ariz. Ct. App. 1988).
“No order of the director pursuant to this section or order of court to enforce it, or holding of a hearing, may in any manner relieve or absolve any person affected by the order or hearing from any other liability, penalty or forfeiture under law.”
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