N.D. Cent. Code § 26.1-26.9-05 — ND Code / Title 26.1 / Chapter 26.1-26.9 / Section 26.1-26.9-05
26.1-26.9-05. Application for license and fees
Status: in_force

26.1-26.9-05. Application for license and fees

1. An owner selling, soliciting, or offering self-service storage insurance shall apply to the

commissioner.

2. a. The applicant shall provide the name, residential address, and other information

required by the commissioner for the supervising entity designated by the

applicant as the person responsible for the owner's compliance with the

insurance laws, rules, and regulations of this state.

b. If the owner derives more than fifty percent of the owner's revenue from the sale

of self-service storage insurance, the names, residential addresses, and other

information required by the commissioner must be provided for all officers,

directors, and shareholders of record having beneficial ownership of ten percent

or more.

3. Each owner licensed under this chapter shall pay to the commissioner a fee as

prescribed by the commissioner.

4. An owner selling, soliciting, or offering self-service storage insurance before the

effective date of this Act shall apply for licensure within ninety days of the application

being made available by the commissioner. An applicant that begins to sell, solicit, or

offer self-service storage insurance after the effective date of this Act shall obtain a

license before selling, soliciting, or offering self-service storage insurance.
N.D. Cent. Code § 26.1-21-13 — ND Code / Title 26.1 / Chapter 26.1-21 / Section 26.1-21-13
26.1-21-13. Audit of claims against state bonding fund - Register of claims
Status: repealed

26.1-21-13. Audit of claims against state bonding fund - Register of claims

Repealed by S.L. 2025, ch. 274, § 19.
N.D. Cent. Code § 26.1-05-25 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-25
26.1-05-25. Securities may be exchanged - Withdrawal of securities
Status: in_force

26.1-05-25. Securities may be exchanged - Withdrawal of securities

A domestic life insurance company, at any time, may change the securities on physical

deposit or designated on the statement of securities held by the company in lieu of a deposit by

substituting a like amount of the character required in the first instance. If the annual valuation of

the policies in force shows them to be less than the amount of the security deposited, the

company may withdraw the excess, but at least twenty-five thousand dollars worth of securities

must remain on deposit at all times.
N.D. Cent. Code § 26.1-36-37.1 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-37.1
26.1-36-37.1. Standard health insurance proof of loss form - Claim payment time limits
Status: in_force

26.1-36-37.1. Standard health insurance proof of loss form - Claim payment time

limits.

The commissioner shall prescribe by rule a standard health insurance proof of loss and

claim form for use in filing proof of loss and a claim for all health care services. For purposes of

this section, "health care service" means any service included in providing an individual with

medical, dental, or hospital care or any service incident to providing medical, dental, or hospital

care as well as any service provided to prevent, alleviate, care, or heal human illness or injury.

After receipt of a health insurance proof of loss form, the insurer shall, within fifteen business

days, pay the claim or that portion of the claim that is not contested, deny the claim, or make an

initial request for additional information. If a claim or a portion of a claim is contested, the

insured or the insured's assignee must be notified in writing that the claim is contested and the

reasons for the contest. Nothing in this notification precludes the insurer from denying the claim

in whole or in part, for other reasons at a later date. Within fifteen business days of the receipt of

the information initially requested, the insurer shall pay or deny the claim.
N.D. Cent. Code § 26.1-15.1-27 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-27
26.1-15.1-27. Annual license
Status: in_force

26.1-15.1-27. Annual license

The authority of every society annually terminates on April thirtieth and may be renewed. A

license continues in full force and effect until the new license is issued or specifically refused.

For each license or renewal the society shall before April first pay the commissioner the fee

established under section 26.1-01-07. A duly certified copy or duplicate of the license is prima

facie evidence that the licensee is a fraternal benefit society.
N.D. Cent. Code § 26.1-05-23 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-23
26.1-05-23. Domestic life insurance company to deposit securities with commissioner
Status: in_force

26.1-05-23. Domestic life insurance company to deposit securities with

commissioner.

A domestic life insurance company must physically deposit with the commissioner, on the

date on which the company files its annual statement, securities of a value equivalent to the net

value of all policies the company has in force. The securities must be of a kind specified in

section 26.1-05-19. The company, in lieu of the physical deposit, may file, and the commissioner

shall accept, a detailed, verified statement setting forth with sufficient particularity a list of the

items of security held by the company in an amount equivalent to the net value of all policies in

force. The securities specified in the list, although retained by the company, must be kept

separate and distinct from the other securities of the company and must be held as a deposit for

the policyholders of the company under this section. This section does not prevent or prohibit a

domestic life insurance company from depositing with the commissioner securities in an amount

to exceed the cash value of its policies.
N.D. Cent. Code § 26.1-30-12 — ND Code / Title 26.1 / Chapter 26.1-30 / Section 26.1-30-12
26.1-30-12. Statement of fact in policy is a warranty
Status: in_force

26.1-30-12. Statement of fact in policy is a warranty

A statement in an insurance policy of a matter relating to the person or thing insured or to

the risk as a fact is an express warranty thereof.
N.D. Cent. Code § 26.1-17.1-09 — ND Code / Title 26.1 / Chapter 26.1-17.1 / Section 26.1-17.1-09
26.1-17.1-09. Rates and charges
Status: in_force

26.1-17.1-09. Rates and charges

The rates and charges must be reasonable in relation to the services provided. The

commissioner may request information from the prepaid limited health service organization

supporting the appropriateness of the rates and charges.
N.D. Cent. Code § 26.1-26.6-03 — ND Code / Title 26.1 / Chapter 26.1-26.6 / Section 26.1-26.6-03
26.1-26.6-03. Persons disqualified as bail bond agents - Penalty
Status: in_force

26.1-26.6-03. Persons disqualified as bail bond agents - Penalty

The following persons or classes may not be bail bond agents and may not directly or

indirectly receive any benefits from the execution of any bail bond: jailers, police officers,

committing magistrates, magistrate court judges, sheriffs, deputy sheriffs and constables, or any

person having the power to arrest or having anything to do with the control of federal, state,

county, or municipal prisoners. A violation of this section is a class B misdemeanor.
N.D. Cent. Code § 26.1-21-05 — ND Code / Title 26.1 / Chapter 26.1-21 / Section 26.1-21-05
26.1-21-05. Investment of fund
Status: in_force

26.1-21-05. Investment of fund

Investment of the fund is under the supervision of the state investment board in accordance

with chapter 21-10.
N.D. Cent. Code § 26.1-06.1-18 — ND Code / Title 26.1 / Chapter 26.1-06.1 / Section 26.1-06.1-18
26.1-06.1-18. Continuance of coverage
Status: in_force

26.1-06.1-18. Continuance of coverage

1. All policies, including bonds and other noncancelable business, other than life or

health insurance or annuities, in effect at the time of issuance of an order of liquidation

continue in force only until the earlier of:

a. Thirty days from the date of entry of the liquidation orders;

b. The expiration of the policy coverage;

c. The date when the insured has replaced the insurance coverage with equivalent

insurance in another insurer or otherwise terminated the policy;

d. The liquidator has effected a transfer of the policy obligation pursuant to

subdivision i of subsection 1 of section 26.1-06.1-20; or

e. The date proposed by the liquidator and approved by the court to cancel

coverage.

2. An order of liquidation under section 26.1-06.1-17 terminates coverages at the time

specified in subsection 1 for purposes of any other statute.

3. Policies of life or health insurance or annuities continue in force for such period and

under such terms as provided for by any applicable guaranty association or foreign

guaranty association.

4. Policies of life or health insurance or annuities, or any period or coverage of such

policies, not covered by a guaranty association or foreign guaranty association

terminate under subsections 1 and 2.
N.D. Cent. Code § 26.1-35-03 — ND Code / Title 26.1 / Chapter 26.1-35 / Section 26.1-35-03
26.1-35-03. Computation of minimum standard for annuities
Status: in_force

26.1-35-03. Computation of minimum standard for annuities

1. Except as provided in section 26.1-35-04, the minimum standard of valuation for

individual annuity and pure endowment contracts issued on or after the operative date

of this section, and for annuities and pure endowments purchased on or after the

operative date under group annuity and pure endowment contracts, must be the

commissioners reserve valuation methods defined in sections 26.1-35-05 and

26.1-35-06 and the following tables and interest rates:

a. For individual annuity and pure endowment contracts issued before July 1, 1977,

excluding any disability and accidental death benefits in those contracts, the 1971

individual annuity mortality table, or any modification of this table approved by the

commissioner, and six percent interest for single premium immediate annuity

contracts and four percent interest for all other individual annuity and pure

endowment contracts.

b. For individual single premium immediate annuity contracts issued after June 30,

1977, excluding any disability and accidental death benefits in those contracts,

the 1971 individual annuity mortality table or any individual annuity mortality table,

adopted after 1980 by the national association of insurance commissioners, that

is approved by rule adopted by the commissioner for use in determining the

minimum standard of valuation for the contracts, or any modification of these

tables approved by the commissioner, and seven and one-half percent interest.

c. For individual annuity and pure endowment contracts issued after June 30, 1977,

other than single premium immediate annuity contracts, excluding any disability

and accidental death benefits in the contracts, the 1971 individual annuity

mortality table or any individual annuity mortality table adopted after 1980 by the

national association of insurance commissioners, that is approved by rule

adopted by the commissioner for use in determining the minimum standard of

valuation for the contracts, or any modification of these tables approved by the

commissioner, and five and one-half percent interest for single premium deferred

annuity and pure endowment contracts and four and one-half percent interest for

all other individual annuity and pure endowment contracts.

d. For annuities and pure endowments purchased prior to July 1, 1977, under group

annuity and pure endowment contracts, excluding any disability and accidental

death benefits purchased under those contracts, the 1971 group annuity mortality

table or any modification of this table approved by the commissioner, and six

percent interest.

e. For annuities and pure endowments purchased after June 30, 1977, under group

annuity and pure endowment contracts, excluding any disability and accidental

death benefits purchased under these contracts, the 1971 group annuity mortality

table or any group annuity mortality table adopted after 1980 by the national

association of insurance commissioners, that is approved by rule adopted by the

commissioner for use in determining the minimum standard of valuation for

annuities and pure endowments, or any modification of these tables approved by

the commissioner, and seven and one-half percent interest.

2. After June 30, 1977, any insurer may file with the commissioner a written notice of its

election to comply with the provisions of this section after a specified date before

January 1, 1979, which must be the operative date of this section for that insurer. If an

insurer makes no election, the operative date of this section for that insurer must be

January 1, 1979.
N.D. Cent. Code § 26.1-25.1-11 — ND Code / Title 26.1 / Chapter 26.1-25.1 / Section 26.1-25.1-11
26.1-25.1-11. Application
Status: in_force

26.1-25.1-11. Application

This chapter applies to personal insurance policies either written to be effective or renewed

after April 30, 2004.
N.D. Cent. Code § 26.1-33.4-12 — ND Code / Title 26.1 / Chapter 26.1-33.4 / Section 26.1-33.4-12
26.1-33.4-12. Prohibited practices
Status: in_force

26.1-33.4-12. Prohibited practices

1. It is unlawful for any person to:

a. Enter a life settlement contract if such person knows or reasonably should have

known that the life insurance policy was obtained by means of a false, deceptive,

or misleading application for such policy;

b. Engage in any transaction, practice, or course of business if such person knows

or reasonably should have known that the intent was to avoid the notice

requirements of this chapter;

c. Engage in any fraudulent act or practice in connection with any transaction

relating to any settlement involving an owner who is a resident of this state;

d. Issue, solicit, market, or otherwise promote the purchase of an insurance policy

for the purpose of or with an emphasis on settling the policy;

e. Enter a premium finance agreement with any person or agency, or any person

affiliated with such person or agency, pursuant to which such person shall receive

any proceeds, fees, or other consideration, directly or indirectly, from the policy or

owner of the policy or any other person with respect to the premium finance

agreement or any settlement contract or other transaction related to such policy

that are in addition to the amounts required to pay the principal, interest, and

service charges related to policy premiums pursuant to the premium finance

agreement or subsequent sale of such agreement; provided, further, that any

payments, charges, fees, or other amounts in addition to the amounts required to

pay the principal, interest, and service charges related to policy premiums paid

under the premium finance agreement must be remitted to the original owner of

the policy or to the original owner's estate if the original owner is not living at the

time of the determination of the overpayment;

f. With respect to any settlement contract or insurance policy and a broker,

knowingly solicit an offer from, effectuate a life settlement contract with, or make

a sale to any provider, financing entity, or related provider trust that is controlling,

controlled by, or under common control with such broker;

g. With respect to any life settlement contract or insurance policy and a provider,

knowingly enter into a life settlement contract with an owner, if, in connection with

such life settlement contract, anything of value will be paid to a broker that is

controlling, controlled by, or under common control with such provider or the

financing entity or related provider trust that is involved in such settlement

contract;

h. With respect to a provider, enter into a life settlement contract unless the life

settlement promotional, advertising, and marketing materials, as may be

prescribed by regulation, have been filed with the commissioner. In no event may

any marketing materials expressly reference that the insurance is "free" for any

period of time. The inclusion of any reference in the marketing materials that

would cause an owner to reasonably believe that the insurance is free for any

period of time must be considered a violation of this chapter; or

i. With respect to any life insurance producer, insurance company, broker, or

provider, make any statement or representation to the applicant or policyholder in

connection with the sale or financing of a life insurance policy to the effect that

the insurance is free or without cost to the policyholder for any period of time

unless provided in the policy.

2. A violation of this section is deemed a fraudulent life settlement act.
N.D. Cent. Code § 26.1-40-11 — ND Code / Title 26.1 / Chapter 26.1-40 / Section 26.1-40-11
26.1-40-11. Terminations - Declinations - Prohibited reasons
Status: in_force

26.1-40-11. Terminations - Declinations - Prohibited reasons

The declination of an application for, or the termination of, a policy by an insurer or

insurance producer is prohibited if the declination or termination is:

1. Based upon the race, religion, nationality, or ethnic group of the applicant or named

insured.

2. Based solely upon the lawful occupation or profession of the applicant or named

insured, except that this provision does not apply to any insurer or insurance producer

which limits its market to one lawful occupation or profession or to several related

lawful occupations or professions.

3. Based upon the principal location of the insured motor vehicle unless such decision is

for a business purpose which is not mere pretext for unfair discrimination.

4. Based solely upon the age, sex, or marital status of an applicant or an insured, except

that this subsection does not prohibit rating differentials based upon age, sex, or

marital status.

5. Based upon the fact that the applicant or named insured previously obtained insurance

coverage through a residual market insurance mechanism or an insurance company

that insures substandard risks.

6. Based upon the fact that another insurer previously declined to insure the applicant or

terminated an existing policy in which the applicant was the named insured.
N.D. Cent. Code § 26.1-33-41 — ND Code / Title 26.1 / Chapter 26.1-33 / Section 26.1-33-41
26.1-33-41. Designation of beneficiary not affected by wills law
Status: in_force

26.1-33-41. Designation of beneficiary not affected by wills law

A designation in accordance with the terms of any insurance, annuity, or endowment

contract when the designation in any agreement issued or entered into by the insurance

company in connection therewith, supplemental thereto, or in settlement thereof, or the

designation under a thrift, pension, retirement, death benefit, stock bonus, or profit-sharing

contract, plan, system, or trust, created by an employer for the exclusive benefit of some or all

of the employer's employees, or their beneficiary, of a person to be a beneficiary, payee, or

owner of any right, title, or interest thereunder upon the death of another, is not subject to or

defeated or impaired by any law relating to the signing and attestation of wills, even though the

designation is revocable with the rights of the beneficiary, payee, or owner, or otherwise subject

to defeasance.
N.D. Cent. Code § 26.1-39.2-05 — ND Code / Title 26.1 / Chapter 26.1-39.2 / Section 26.1-39.2-05
26.1-39.2-05. Itemized description of work
Status: in_force

26.1-39.2-05. Itemized description of work

Before commencement of repair or replacement work, a residential contractor shall furnish

the insured and insurer with an itemized description of the work to be done and the materials,

labor, and fees for repair or replacement of the damaged residential real estate and the total

itemized amount agreed to be paid for the work to be performed, except the description may not

limit the insured or residential contractor from identifying other goods and services necessary to

complete repairs or replacement associated with a covered loss.
N.D. Cent. Code § 26.1-28-01 — ND Code / Title 26.1 / Chapter 26.1-28 / Section 26.1-28-01
26.1-28-01. Sale of insurance from vending machines restricted
Status: in_force

26.1-28-01. Sale of insurance from vending machines restricted

No insurance may be offered for sale, issued, or sold by or from any vending machine or

appliance or any other medium, device, or object designed or used for vending purposes, in this

chapter referred to as a vending machine, except as provided in this chapter.
N.D. Cent. Code § 26.1-36-09.1 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-09.1
26.1-36-09.1. Health insurance policy and health service contract - Mammogram examination coverage
Status: in_force

26.1-36-09.1. Health insurance policy and health service contract - Mammogram

examination coverage.

1. An insurance company, nonprofit health service corporation, or health maintenance

organization may not deliver, issue, execute, or renew any health insurance policy,

health service contract, or evidence of coverage on an individual, group, blanket,

franchise, or association basis unless the policy, contract, or evidence of coverage

provides benefits, of the same type offered under the policy or contract for illnesses,

for health services to any person covered under the policy or contract for:

a. One baseline mammogram examination for each woman who is at least thirty-five

but less than forty years of age.

b. One mammogram examination every year, or more frequently if ordered by a

physician, for each woman who is at least forty years of age.

2. This section does not apply to individually guaranteed renewable supplemental,

specified disease, long-term care, or other limited benefit policies.
N.D. Cent. Code § 26.1-12-16 — ND Code / Title 26.1 / Chapter 26.1-12 / Section 26.1-12-16
26.1-12-16. Vote by proxy permitted - Manner of voting by proxy
Status: in_force

26.1-12-16. Vote by proxy permitted - Manner of voting by proxy

Members of a mutual insurance company may vote by proxy dated and executed within

three months prior to the meeting at which the proxy is to be used when returned and recorded

on the books of the company three days or more before the meeting. A person may not as proxy

or otherwise cast more than fifty votes, and an officer, personally or by another, may not ask for,

receive, procure to be obtained, or use, a proxy vote. This section does not apply to a proxy

committee duly established by the bylaws comprised of no less than three members appointed

by the board of directors whose duty is to cast the vote by proxy of members at any duly called

annual or special meeting of the mutual insurance company.
N.D. Cent. Code § 26.1-05-07 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-07
26.1-05-07. Examination of articles by commissioner - Certificate - Filing
Status: in_force

26.1-05-07. Examination of articles by commissioner - Certificate - Filing

The commissioner shall examine the articles of incorporation and any amendments to

determine if the articles and any amendments are consistent with the constitution and laws of

this state. The commissioner shall examine the company to ascertain whether it has complied

with the requirements of law according to the nature of the business proposed to be transacted

by it. If the commissioner is satisfied by the examination that the corporation has complied with

the law, the commissioner shall deliver to it a certified copy of the articles of incorporation or

amendments to the articles of incorporation and a certificate stating the corporation has

complied with all requirements of law. The certified copy of the articles of incorporation or

amendments to the articles of incorporation and of the certificate may be used for or against the

company with the same effect as the originals and are conclusive evidence of the fact of

organization of the company as of the date of the certificate.
N.D. Cent. Code § 26.1-37-08 — ND Code / Title 26.1 / Chapter 26.1-37 / Section 26.1-37-08
26.1-37-08. Premiums and refunds
Status: in_force

26.1-37-08. Premiums and refunds

1. An insurer may revise its schedules of premium rates from time to time and shall file

the revised schedules with the commissioner. No insurer may issue any consumer

credit insurance policy or group certificate for which the premium rate exceeds that

determined by the schedules of the insurer as on file with the commissioner. The

commissioner may adopt rules to assure that the premium rates are reasonable in

relation to the benefits provided.

2. Each individual policy or group certificate must provide for a refund in the event of

termination of the insurance prior to the scheduled maturity date of the insurance and

upon notice to the insurer. The refund of an amount paid by the debtor for insurance

must be paid or credited promptly to the person entitled thereto; provided, however,

that the commissioner shall prescribe a minimum refund and no refund which would be

less than the minimum need be made. Refund formulas which an insurer desires to

use must develop refunds that are at least as favorable to the debtor as refunds equal

to the premium cost of scheduled benefits subsequent to the date of cancellation or

termination, computed at the schedule of premium rates in effect on the date of issue.

The formula to be used in computing the refund must be filed with and approved by

the commissioner.

3. If a creditor requires a debtor to make any payment for consumer credit insurance and

an individual policy or group certificate of insurance is not issued, the creditor shall

immediately give written notice to the debtor and shall promptly make an appropriate

credit to the account.

4. The amount charged to a debtor for any consumer credit insurance may not exceed

the premiums charged by the insurer, as computed at the time the charge to the debtor

is determined.

5. This chapter does not authorize any payments for insurance prohibited under any law

or rule governing credit transactions.
N.D. Cent. Code § 26.1-04-06 — ND Code / Title 26.1 / Chapter 26.1-04 / Section 26.1-04-06
26.1-04-06. Insured persons and applicants for insurance prohibited from accepting rebates - Exception
Status: in_force

26.1-04-06. Insured persons and applicants for insurance prohibited from accepting

rebates - Exception.

1. An insurance producer or agent of any insurance or surety company, reciprocal,

benevolent society, or any other insurance organization or association, however

constituted or entitled, may not grant, and an insured person or party or applicant for

insurance, either directly or indirectly, may not receive or accept, or agree to receive or

accept, any rebate of premium or of any part thereof, or all or any part of any

insurance producer's commission thereon, or any favor or advantage, or any share in

any benefit to accrue under any insurance policy, or any other valuable consideration

or inducement other than such as may be specified in the policy, except as provided in

an applicable filing which is in effect under the provisions of the laws regulating

insurance rates or except as provided under subsection 2.

2. Notwithstanding any other provision in this section, if the cost does not exceed an

aggregate retail value of one hundred dollars per person per year, an insurance

producer may give a gift, prize, promotional article, logo merchandise, meal, or

entertainment activity directly or indirectly to a person in connection with marketing,

promoting, or advertising the business. As used in this subsection, "person" means the

named insured, policy owner, or prospective client or the spouse of any of these

individuals, but the term does not include a certificate holder, child, or employee of the

named insured, policy owner, or prospective client. Subject to the limits of this

subsection, an insurance producer may give a gift card for specific merchandise or

services such as a meal, gasoline, or car wash but may not give cash, a cash card,

any form of currency, or any refund or discount in premium. An insurance producer

may not condition the giving of a gift, prize, promotional article, logo merchandise,

meal, or entertainment activity on obtaining a quote or a contract of insurance.

Notwithstanding the limitation in this subsection, an insurance producer may make a

donation to a nonprofit organization that is exempt from federal taxation under Internal

Revenue Code section 501(c)(3) [26 U.S.C. 501(c)(3)] in any amount as long as the

donation is not given as an inducement to obtain a contract of insurance.
N.D. Cent. Code § 26.1-13-08 — ND Code / Title 26.1 / Chapter 26.1-13 / Section 26.1-13-08
26.1-13-08. Officers - Election - Bond
Status: in_force

26.1-13-08. Officers - Election - Bond

The board of directors shall elect a president and a vice president from the board and shall

select a secretary and a treasurer who may or may not be members of the company. The offices

of secretary and of treasurer may be held by one person. The secretary and the treasurer shall

give bonds to the company for the faithful performance of their respective duties in any amounts

prescribed by the board. Each officer holds office for one year and until a successor is elected

and qualified.
N.D. Cent. Code § 26.1-34.1-06 — ND Code / Title 26.1 / Chapter 26.1-34.1 / Section 26.1-34.1-06
26.1-34.1-06. Grounds for denial, revocation, or suspension of certificate of exemption
Status: in_force

26.1-34.1-06. Grounds for denial, revocation, or suspension of certificate of

exemption.

The commissioner may refuse to grant, or may revoke or suspend, a certificate of

exemption if the commissioner finds that the corporation does not meet or continue to meet the

requirements of this chapter or that the corporation has violated this chapter or chapter 26.1-04.
N.D. Cent. Code § 26.1-17-28 — ND Code / Title 26.1 / Chapter 26.1-17 / Section 26.1-17-28
26.1-17-28. Information to be furnished subscribers - Hearings and appeals of subscribers
Status: in_force

26.1-17-28. Information to be furnished subscribers - Hearings and appeals of

subscribers.

Each health service corporation, within a reasonable time after receiving a written request

therefor, shall furnish to any subscriber with whom it has a contract and who is affected by a

rate made by it, or to the authorized representative of the subscriber, all pertinent information as

to the rate.

Each corporation must provide reasonable means whereby any person aggrieved by the

application of its rating system, rating formula, or rate may be heard in person or through that

person's authorized representative on that person's written request to review the manner in

which the rating system, rating formula, or rate has been applied in connection with the contract

issued to that person. If the corporation fails to grant or reject the request within thirty days after

it is made, the applicant may proceed in the same manner as if the application has been

rejected. Any party affected by the action of a corporation on such request may appeal, within

thirty days after written notice of the action, to the commissioner who, after hearing held upon

not less than ten days' written notice to the appellant and to the corporation, may affirm or

reverse the action.
N.D. Cent. Code § 26.1-36.7-07 — ND Code / Title 26.1 / Chapter 26.1-36.7 / Section 26.1-36.7-07
26.1-36.7-07. Bank of North Dakota line of credit
Status: in_force

26.1-36.7-07. Bank of North Dakota line of credit

The Bank of North Dakota shall extend to the association a line of credit not to exceed

twenty-five million dollars. The association shall repay the line of credit from assessments

against insurers writing or otherwise issuing group health benefit plans in this state or from other

funds appropriated by the legislative assembly. The association may access the line of credit to

the extent necessary to provide reimbursements to member insurers as required by this chapter.
N.D. Cent. Code § 26.1-26-04.1 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-04.1
26.1-26-04.1. Fees for services - Rules
Status: in_force

26.1-26-04.1. Fees for services - Rules

1. Notwithstanding any other provision of this title, an insurance producer may charge a

fee for any services rendered in connection with the sale, solicitation, negotiation,

placement, or servicing of an insurance contract, if the following conditions are met:

a. The fees may not be charged on a personal lines account, such as personal

homeowners and automobile, personal life, and health insurance.

b. Before rendering the services and accepting any payment, a written disclosure

must be provided to the party to be charged on a form approved by the

commissioner disclosing:

(1) The nature of the services for which the fees will be charged along with a

separate itemization of the amount of the fees;

(2) That the fees are charged in addition to any premiums paid;

(3) That if the insurance producer is also an appointed agent of an insurer with

which coverage is being considered for placement, a statement that the

insurance producer also represents the insurer in the transaction and owes

a duty of loyalty to the insurer; and

(4) That if the insurance producer is to receive a commission from the sale of

an insurance policy related to the services rendered, a statement clearly and

completely disclosing that the:

(a) Insurance producer will receive a commission from the insurer which

is paid from the premiums owed for the insurance; and

(b) Amount of commission received by the insurance producer may differ

depending on the product sold and the insurer.

c. The disclosure required by this section must be signed and dated by both the

producer and the party to be charged.

d. The producer shall retain the signed disclosure required by this section for not

less than five years following the completion of the service. A copy of the signed

disclosure must be available to the commissioner for inspection upon request.

e. The insurance producer may not pay or return, or offer to pay or return, all or part

of a fee charged as an inducement to purchase a specific policy, or coverage

within a policy, or coverage from a particular insurer.

f. Any fee charged under this section must bear a reasonable relationship to the

services provided and may not be discriminatory.

2. An insurance producer charging a fee for services rendered for risk management

services under this section owes the person to be charged a higher standard of care

than the ordinary standard of care otherwise owed by an insurance producer to fully

advise the party to be charged as to the party's insurance needs, including the duty to

inform the person to be charged as to a potential source of risk and to recommend, if

available, insurance coverage for that risk.

3. An insurance producer may charge an individual, for personal or commercial lines, a

fee for paying agency-billed premiums and fees by credit card or other electronic

means, if the fee is disclosed to the client in writing and agreed to by the client in

writing.

4. Subdivisions b through d of subsection 1 do not apply to a large commercial risk as

defined in section 26.1-25-02.1.

5. The commissioner may adopt rules determined necessary by the commissioner for the

administration of this section.
N.D. Cent. Code § 26.1-12-17 — ND Code / Title 26.1 / Chapter 26.1-12 / Section 26.1-12-17
26.1-12-17. Members of mutual company entitled to share of net profits
Status: repealed

26.1-12-17. Members of mutual company entitled to share of net profits

Repealed by S.L. 1993, ch. 292, § 49.
N.D. Cent. Code § 26.1-21-16 — ND Code / Title 26.1 / Chapter 26.1-21 / Section 26.1-21-16
26.1-21-16. Suit by party injured by default of public employee or public official - Subrogation
Status: in_force

26.1-21-16. Suit by party injured by default of public employee or public official -

Subrogation.

If the payment is paid out of the fund, the fund has a right to recover and is subrogated to

the right of the judgment creditor to recover against the public employee or public official. The

office may act for the fund in all proceedings to enforce the right of subrogation in the same

manner as other parties to civil actions.
N.D. Cent. Code § 26.1-15.1-34 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-34
26.1-15.1-34. Unfair methods of competition and unfair and deceptive acts and practices
Status: in_force

26.1-15.1-34. Unfair methods of competition and unfair and deceptive acts and

practices.

Every society authorized to do business in this state is subject to the provisions of chapter

26.1-04 relating to unfair trade practices, except that nothing in those provisions may be

construed as applying to or affecting the right of any society to determine eligibility requirements

for membership or be construed as applying to or affecting the offering of benefits exclusively to

members or persons eligible for membership in the society by a subsidiary corporation, limited

liability company, or affiliated organization of the society.
N.D. Cent. Code § 26.1-27.1-01 — ND Code / Title 26.1 / Chapter 26.1-27.1 / Section 26.1-27.1-01
26.1-27.1-01. Definitions
Status: in_force

26.1-27.1-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Covered entity" means a nonprofit hospital or a medical service corporation; a health

insurer; a health benefit plan; a health maintenance organization; a health program

administered by the state in the capacity of provider of health coverage; or a labor

union, or other entity organized in the state which provides health coverage to covered

individuals who are employed or reside in the state. The term does not include a plan

issued for coverage for federal employees; or a health plan that provides coverage

only for accidental injury, specified disease, hospital indemnity, Medicare supplement,

disability income, long-term care, or other limited-benefit health insurance policies or

contracts that do not include prescription drug coverage.

2. "Covered individual" means a member, a participant, an enrollee, a contractholder, a

policyholder, or a beneficiary of a covered entity who is provided health coverage by

the covered entity. The term includes a dependent or other individual provided health

coverage through a policy, contract, or plan for a covered individual.

3. "De-identified information" means information from which the name, address,

telephone number, and other variables have been removed in accordance with

requirements of title 45, Code of Federal Regulations, part 164, section 512,

subsections (a) or (b).

4. "Labeler" means a person that has been assigned a labeler code by the federal food

and drug administration under title 21, Code of Federal Regulations, part 207,

section 20, and that receives prescription drugs from a manufacturer or wholesaler

and repackages those drugs for later retail sale.

5. "Payment received by the pharmacy benefits manager" means the aggregate amount

of the following types of payments:

a. A rebate collected by the pharmacy benefits manager or a rebate aggregator

which is allocated to a covered entity, or retained by the pharmacy benefits

manager;

b. An administrative fee collected from the manufacturer in consideration of an

administrative service provided by the pharmacy benefits manager to the

manufacturer;

c. A pharmacy network fee, pharmacy price concessions, and any other financial

payment made by a pharmacy to a pharmacy benefits manager; and

d. Any other fee or amount collected by the pharmacy benefits manager from a

manufacturer or labeler for a drug switch program, formulary management

program, mail service pharmacy, educational support, data sales related to a

covered individual, or any other administrative function.

6. "Pharmacy benefits management" means the procurement of prescription drugs at a

negotiated rate for dispensation within this state to covered individuals; the

administration or management of prescription drug benefits provided by a covered

entity for the benefit of covered individuals; or the providing of any of the following

services with regard to the administration of the following pharmacy benefits:

a. Claims processing, pharmacy network management, and payment of claims to a

pharmacy for prescription drugs dispensed to a covered individual;

b. Clinical formulary development and management services; or

c. Rebate contracting and administration.

7. "Pharmacy benefits manager" means a person who performs pharmacy benefits

management, as a third party, under a contract or other financial arrangement with a

covered entity. The term does not include a health benefit plan that manages or directs

its own pharmacy benefits.

8. "Rebate" means a retrospective reimbursement of a monetary amount by a

manufacturer under a manufacturer's discount program with a pharmacy benefits

manager for drugs dispensed to a covered individual.

9. "Utilization information" means de-identified information regarding the quantity of drug

prescriptions dispensed to members of a health plan during a specified time period.
N.D. Cent. Code § 26.1-06.1-59 — ND Code / Title 26.1 / Chapter 26.1-06.1 / Section 26.1-06.1-59
26.1-06.1-59. Separability
Status: in_force

26.1-06.1-59. Separability

If any provision of this chapter or the application thereof to any person or circumstance is for

any reason held to be invalid, the remainder of the chapter and the application of such provision

to other persons or circumstances may not be affected thereby.
N.D. Cent. Code § 26.1-15.1-15 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-15
26.1-15.1-15. Conversion of fraternal benefit society into mutual life insurance company
Status: in_force

26.1-15.1-15. Conversion of fraternal benefit society into mutual life insurance

company.

Any domestic society may be converted and licensed as a mutual life insurance company

by compliance with all the requirements of the insurance laws of this state for mutual life

insurance companies. A plan of conversion must be prepared in writing by the board of directors

setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of

all members of the supreme governing body at a regular or special meeting is necessary for the

approval of the conversion plan. No conversion may take effect until approved by the

commissioner who may approve the conversion if the commissioner finds that the proposed

change conforms to the requirements of law and is not prejudicial to the certificate holders of the

society.
N.D. Cent. Code § 26.1-31.1-05 — ND Code / Title 26.1 / Chapter 26.1-31.1 / Section 26.1-31.1-05
26.1-31.1-05. Duties of insurers utilizing the services of reinsurance intermediary-broker
Status: in_force

26.1-31.1-05. Duties of insurers utilizing the services of reinsurance

intermediary-broker.

1. An insurer may not engage the services of any person, firm, association, corporation,

or limited liability company to act as a reinsurance intermediary-broker on its behalf

unless the person, firm, association, corporation, or limited liability company is

licensed as required by subsection 1 of section 26.1-31.1-02.

2. An insurer may not employ an individual who is employed by a reinsurance

intermediary-broker with which it transacts business, unless the reinsurance

intermediary-broker is under common control with the insurer and subject to chapter

26.1-10.

3. The insurer shall annually obtain a copy of statements of the financial condition of

each reinsurance intermediary-broker with which it transacts business.
N.D. Cent. Code § 26.1-12.1-09 — ND Code / Title 26.1 / Chapter 26.1-12.1 / Section 26.1-12.1-09
26.1-12.1-09. Approval by eligible members
Status: in_force

26.1-12.1-09. A domestic mutual insurance company seeking to reorganize under this section

may at the same time redomesticate to another state by complying with section 26.1-05-07.3

and the applicable requirements of the state to which it seeks to transfer domicile.
N.D. Cent. Code § 26.1-04-19 — ND Code / Title 26.1 / Chapter 26.1-04 / Section 26.1-04-19
26.1-04-19. Chapter additional to existing law
Status: in_force

26.1-04-19. Chapter additional to existing law

The powers vested in the commissioner by this chapter are additional to any other powers

to enforce any penalties, fines, or forfeitures authorized by law with respect to the methods,

acts, and practices declared to be unfair or deceptive by this chapter.
N.D. Cent. Code § 26.1-41-06 — ND Code / Title 26.1 / Chapter 26.1-41 / Section 26.1-41-06
26.1-41-06. Persons entitled to basic no-fault benefits
Status: in_force

26.1-41-06. Persons entitled to basic no-fault benefits

Each basic no-fault insurer of a secured motor vehicle shall pay basic no-fault benefits

without regard to fault for economic loss resulting from:

1. Accidental bodily injury sustained in the United States or its possessions or in Canada

by the owner of the motor vehicle or any relative of the owner:

a. While occupying any motor vehicle; or

b. While a pedestrian as the result of being struck by a motor vehicle or motorcycle.

2. Accidental bodily injury sustained by any other person while occupying the secured

motor vehicle if the accident occurs in the United States or its possessions or in

Canada.

3. Accidental bodily injury sustained by any pedestrian in this state as a result of being

struck by the secured motor vehicle.
N.D. Cent. Code § 26.1-14-03 — ND Code / Title 26.1 / Chapter 26.1-14 / Section 26.1-14-03
26.1-14-03. Authority
Status: in_force

26.1-14-03. Authority

An incorporated mutual insurance company is authorized to be known as the North Dakota

medical malpractice mutual insurance company. The company is subject to and governed by

this chapter and is not subject to the laws of this state relating to insurance and insurance

companies except as specifically provided in this chapter. The company has all the powers,

privileges, and immunities granted by and is subject to all the obligations imposed upon a

mutual insurance company under chapters 26.1-12 and 10-33. If a provision of chapter 26.1-12

or 10-33 and a provision of this chapter are both by their terms applicable, the provision of this

chapter controls.
N.D. Cent. Code § 26.1-40.1-11 — ND Code / Title 26.1 / Chapter 26.1-40.1 / Section 26.1-40.1-11
26.1-40.1-11. Authorized or eligible carrier
Status: in_force

26.1-40.1-11. Authorized or eligible carrier

Transportation network company insurance required by this chapter may be placed with an

insurer authorized to do business in the state or with a surplus lines insurer eligible under

section 26.1-44-03.
N.D. Cent. Code § 26.1-29-08 — ND Code / Title 26.1 / Chapter 26.1-29 / Section 26.1-29-08
26.1-29-08. Carrier or depositary has insurable interest
Status: in_force

26.1-29-08. Carrier or depositary has insurable interest

A carrier or depositary of any kind has an insurable interest in a thing held by the carrier or

depositary as such to the extent of its value.
N.D. Cent. Code § 26.1-45-14 — ND Code / Title 26.1 / Chapter 26.1-45 / Section 26.1-45-14
26.1-45-14. Nonforfeiture benefits
Status: in_force

26.1-45-14. Nonforfeiture benefits

1. Except as provided in subsection 2, a long-term care insurance policy may not be

delivered or issued for delivery in this state unless the policyholder or certificate holder

has been offered the option of purchasing a policy or certificate, including a

nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider

that is attached to the policy. In the event the policyholder or certificate holder declines

the nonforfeiture benefits, the insurer shall provide a contingent benefit upon lapse that

is available for a specific period of time following a substantial increase in premium

rates.

2. When a group long-term care insurance policy is issued, the offer required in

subsection 1 must be made to the group policyholder. However, if the policy is issued

as group long-term care insurance as defined in subdivision d of subsection 3 of

section 26.1-45-01, other than to a continuing care retirement community or other

similar entity, the offering must be made to each proposed certificate holder.

3. The commissioner shall adopt rules specifying the type of nonforfeiture benefits to be

offered as part of long-term care insurance policies and certificates, the standards for

nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including

a determining of the specific period of time during which a contingent benefit upon

lapse will be available and the substantial premium rate increase that triggers a

contingent benefit upon lapse as described in subsection 1.
N.D. Cent. Code § 26.1-27-08 — ND Code / Title 26.1 / Chapter 26.1-27 / Section 26.1-27-08
26.1-27-08. Premium collection - Fiduciary account required
Status: in_force

26.1-27-08. Premium collection - Fiduciary account required

All insurance charges or premiums collected by an administrator on behalf of or for an

insurer or insurers, and return premiums received from such insurer or insurers, must be held by

the administrator in a fiduciary capacity. The funds must be immediately remitted to the person

or persons entitled thereto, or must be deposited promptly in a fiduciary bank account

established and maintained by the administrator. If charges or premiums so deposited have

been collected on behalf of or for more than one insurer, the administrator shall cause the bank

in which the fiduciary account is maintained to keep records clearly recording the deposits in

and withdrawals from the account on behalf of or for each insurer. The administrator shall

promptly obtain and keep copies of all such records and, upon request of an insurer, shall

furnish the insurer with copies of such records pertaining to deposits and withdrawals on behalf

of or for the insurer. The administrator may not pay any claim by withdrawals from the fiduciary

account.
N.D. Cent. Code § 26.1-25-04.1 — ND Code / Title 26.1 / Chapter 26.1-25 / Section 26.1-25-04.1
26.1-25-04.1. Motor vehicle insurance rate filings - Premium reduction for accident prevention course completion
Status: in_force

26.1-25-04.1. Motor vehicle insurance rate filings - Premium reduction for accident

prevention course completion.

All rate filings with the commissioner for motor vehicle liability and physical damage

insurance must provide for an appropriate reduction in premium charges for the principal

operators of motor vehicles for at least a two-year period following their successful completion

of a motor vehicle accident prevention course. The reduction in premium charges must be

separately disclosed. The premium billing must disclose the reduction in premium charges with

respect to the person eligible for the reduction. The reduction in premium charges does not

apply to an operator who is subject to an experience rating or a driver education premium

reduction. If a policy insures two or more motor vehicles, the premium reduction applies only to

the motor vehicle principally operated by the person who has satisfactorily completed the motor

vehicle accident prevention course. The course must be approved by the superintendent of the

state highway patrol. The course sponsor shall provide each successful participant a certificate

that is the basis for the insurance discount. A driver fifty-five years of age or older who

successfully completes an approved motor vehicle accident prevention course is entitled to a

three-year insurance premium reduction. The reduction may be applied only to a private

passenger motor vehicle or a pickup truck or van that has a gross vehicle weight of less than

ten thousand pounds [4535.92 kilograms] and which is not used for delivering or transporting

goods or materials unless the delivery and transport is incidental to an operator's business.
N.D. Cent. Code § 26.1-11-05 — ND Code / Title 26.1 / Chapter 26.1-11 / Section 26.1-11-05
26.1-11-05. Deposit required of foreign accident and health insurance company doing business on assessment plan
Status: in_force

26.1-11-05. Deposit required of foreign accident and health insurance company doing

business on assessment plan.

Each foreign accident and health insurance company doing business on the assessment

plan in this state shall keep deposited at all times with the commissioner one regular

assessment sufficient in amount to pay the average loss or losses occurring among its

members in this state during the time allowed by it for the collection of assessments and

payment of losses. No such company may be licensed by the commissioner unless it keeps and

maintains with the commissioner for the protection of persons to whom it may become obligated

at least ten thousand dollars in bonds of the United States, of the state of North Dakota, or of

political subdivisions within this state, or in mortgages on improved and unencumbered real

estate within this state worth double the sum loaned thereon and approved by the

commissioner.
N.D. Cent. Code § 26.1-02-09 — ND Code / Title 26.1 / Chapter 26.1-02 / Section 26.1-02-09
26.1-02-09. Restraint of violations - Jurisdiction
Status: in_force

26.1-02-09. Restraint of violations - Jurisdiction

Whenever the commissioner believes that any insurance company is violating or is about to

violate this chapter, the commissioner, through the attorney general of this state, may cause a

complaint to be filed in the district court of Burleigh County to enjoin and restrain the company

from continuing or engaging in any violation or doing any act in furtherance thereof. The court

may make and enter an order or judgment awarding preliminary or final injunctive relief as in its

judgment is proper.
N.D. Cent. Code § 26.1-26.1-03 — ND Code / Title 26.1 / Chapter 26.1-26.1 / Section 26.1-26.1-03
26.1-26.1-03. Notice of termination
Status: in_force

26.1-26.1-03. Notice of termination

Contracts between an independent insurance producer and any property and casualty

insurance company may not be terminated or amended by the company except by mutual

agreement or unless ninety-day prior written notice has been provided to the independent

insurance producer. The rate of commission and renewal terms must be in accordance with

those in effect immediately prior to the termination.
N.D. Cent. Code § 26.1-07.1-02 — ND Code / Title 26.1 / Chapter 26.1-07.1 / Section 26.1-07.1-02
26.1-07.1-02. How to show jurisdiction
Status: in_force

26.1-07.1-02. How to show jurisdiction

A person or entity may show that it is subject to the jurisdiction of another agency of this

state, any subdivision thereof, or the federal government by providing to the commissioner the

appropriate certificate, license, or other document issued by the other governmental agency

which permits or qualifies it to provide those services.
N.D. Cent. Code § 26.1-15.1-24 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-24
26.1-15.1-24. Taxation
Status: in_force

26.1-15.1-24. Taxation

Every society organized or licensed under this chapter is hereby declared to be a charitable

and benevolent institution, and all of its funds are exempt from all and every state, county,

district, municipal, and school tax, other than taxes on real estate and office equipment.
N.D. Cent. Code § 26.1-15.1-32 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-32
26.1-15.1-32. Injunction
Status: in_force

26.1-15.1-32. Injunction

No application or petition for injunction against any domestic, foreign, or alien society, or

lodge thereof, may be recognized in any court of this state unless made by the attorney general

upon request of the commissioner.
N.D. Cent. Code § 26.1-16-10 — ND Code / Title 26.1 / Chapter 26.1-16 / Section 26.1-16-10
26.1-16-10. Amendment of articles and adoption, amendment, and repeal of bylaws
Status: repealed

26.1-16-10. Amendment of articles and adoption, amendment, and repeal of bylaws

The articles of incorporation of a benevolent society may be amended, and its bylaws

adopted, amended, or repealed, at any annual meeting or at any special meeting called for that

purpose. A two-thirds affirmative vote of the members of the society is required to take any of

the actions specified in this section.
N.D. Cent. Code § 26.1-34-01.1 — ND Code / Title 26.1 / Chapter 26.1-34 / Section 26.1-34-01.1
26.1-34-01.1. Annuity policies and certificates - Right to return
Status: in_force

26.1-34-01.1. Annuity policies and certificates - Right to return

A person who purchases an annuity policy or certificate issued or delivered in this state may

return the policy within twenty days of delivery to the purchaser. If a policy or certificate is

returned, the purchaser is entitled to a refund of the premium, except in the sale of variable

annuities in which the purchaser is entitled to the value of the annuity plus all expense charges.

Every annuity, policy, or certificate issued or delivered in this state must have a notice

prominently printed on or attached to the first page of the policy or certificate stating in

substance that the purchaser may return the policy or certificate within twenty days of its

delivery and have the premium, or such other amount as specified above, refunded if, after

examination of the policy or certificate, the applicant is not satisfied for any reason.
N.D. Cent. Code § 26.1-52-09 — ND Code / Title 26.1 / Chapter 26.1-52 / Section 26.1-52-09
26.1-52-09. Immunity
Status: in_force

26.1-52-09. Immunity

The facility, its members, employees, contractors, agents, and the commissioner are not

liable for, nor may a cause of action be brought against them, for statements made in good faith

in the course of conducting facility operations and procedures.
N.D. Cent. Code § 26.1-23.1-07 — ND Code / Title 26.1 / Chapter 26.1-23.1 / Section 26.1-23.1-07
26.1-23.1-07. Self-insurance contracts - Approval of rates and forms
Status: in_force

26.1-23.1-07. Self-insurance contracts - Approval of rates and forms

No insurance policy, certificate, contract, agreement, or evidence of participation may be

issued or delivered by a self-insured government pool nor may any application, rider, or

endorsement be used in connection therewith until the rate and form thereof have been filed

and approved by the insurance commissioner under sections 26.1-30-19 through 26.1-30-21.
N.D. Cent. Code § 26.1-32-03 — ND Code / Title 26.1 / Chapter 26.1-32 / Section 26.1-32-03
26.1-32-03. Insurer not liable for excepted peril
Status: in_force

26.1-32-03. Insurer not liable for excepted peril

When a peril is excepted specially in an insurance contract, a loss which would not have

occurred but for that peril is excepted although the immediate cause of the loss was a peril

which was not excepted. An insurer may contract out of the efficient proximate cause doctrine.
N.D. Cent. Code § 26.1-36-18 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-18
26.1-36-18. Notice under accident and health policy - Waiver
Status: in_force

26.1-36-18. Notice under accident and health policy - Waiver

The acknowledgment by any insurer of the receipt of notice given under an accident or

health insurance policy, or the furnishing of forms for filing proofs of loss, or the acceptance of

such proofs, or the investigation of any claim does not operate as a waiver of any of the rights of

the insurer in defense of any claim arising under the policy.
N.D. Cent. Code § 26.1-36-45 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-45
26.1-36-45. Health insurance coverage not required
Status: in_force

26.1-36-45. Health insurance coverage not required

1. Regardless of whether a resident of this state has or is eligible for health insurance

coverage under a health insurance policy, health service contract, or evidence of

coverage by or through an employer or under a plan sponsored by the state or federal

government, the resident is not required to obtain or maintain a policy of individual

health coverage except as may be required by a court or by the department of health

and human services through a court or administrative proceeding.

2. This section does not render a resident of this state liable for any penalty, assessment,

fee, or fine as a result of the resident's failure to procure or obtain health insurance

coverage.

3. This section does not apply to:

a. An individual who voluntarily applies for coverage under a state-administered

program pursuant to the medical assistance program under title XIX of the federal

Social Security Act [42 U.S.C. 1396 et seq.] or the state's children's health

insurance program under title XXI of the federal Social Security Act [42 U.S.C.

1397aa et seq.].

b. A student who is required by an institution of higher education to obtain and

maintain health insurance as a condition of enrollment.

c. An individual who is required by a religious institution to obtain and maintain

health insurance.

4. This section does not impair the rights of an individual to contract privately for health

insurance coverage for family members or former family members.
N.D. Cent. Code § 26.1-10.1-02 — ND Code / Title 26.1 / Chapter 26.1-10.1 / Section 26.1-10.1-02
26.1-10.1-02. Acquisitions and dispositions of assets
Status: in_force

26.1-10.1-02. Acquisitions and dispositions of assets

1. Materiality. Acquisitions or dispositions of assets need not be reported under section

26.1-10.1-01 if the acquisitions or dispositions are not material. For purposes of this

chapter, a material acquisition, or the aggregate of any series of related acquisitions

during any thirty-day period, or disposition, or the aggregate of any series of related

dispositions during any thirty-day period, is one that is nonrecurring and not in the

ordinary course of business and involves more than five percent of the reporting

insurer's total admitted assets as reported in its most recent statutory statement filed

with the insurance department of the insurer's state of domicile.

2. Scope.

a. Asset acquisitions subject to this chapter include every purchase, lease,

exchange, merger, consolidation, succession, or other acquisition other than the

construction or development of real property by or for the reporting insurer or the

acquisition of materials for this purpose.

b. Asset dispositions subject to this chapter include every sale, lease, exchange,

merger, consolidation, mortgage, hypothecation, assignment whether for the

benefit of creditors or otherwise, abandonment, destruction, or other disposition.

3. Information to be reported.

a. The following information is required to be disclosed in any report of a material

acquisition or disposition of assets:

(1) Date of the transaction;

(2) Manner of acquisition or disposition;

(3) Description of the assets involved;

(4) Nature and amount of the consideration given or received;

(5) Purpose of, or reason for, the transaction;

(6) Manner by which the amount of consideration was determined;

(7) Gain or loss recognized or realized as a result of the transaction; and

(8) Names of the persons from whom the assets were acquired or to whom they

were disposed.

b. Insurers are required to report material acquisitions and dispositions on a

nonconsolidated basis unless the insurer is part of a consolidated group of

insurers that utilizes a pooling arrangement or one hundred percent reinsurance

agreement that affects the solvency and integrity of the insurer's reserves and the

insurer ceded substantially all of its direct and assumed business to the pool. An

insurer is deemed to have ceded substantially all of its direct and assumed

business to a pool if the insurer has less than one million dollars total direct plus

assumed written premiums during a calendar year that are not subject to a

pooling arrangement and the net income of the business not subject to the

pooling arrangement represents less than five percent of the insurer's capital and

surplus.
N.D. Cent. Code § 26.1-06.1-04 — ND Code / Title 26.1 / Chapter 26.1-06.1 / Section 26.1-06.1-04
26.1-06.1-04. Jurisdiction and venue
Status: in_force

26.1-06.1-04. Jurisdiction and venue

1. No delinquency proceeding may be commenced under this chapter by anyone other

than the commissioner and no court has jurisdiction to entertain, hear, or determine

any proceeding commenced by any other person.

2. No court of this state has jurisdiction to entertain, hear, or determine any complaint

praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or

receivership of any insurer, or praying for an injunction or restraining order or other

relief preliminary to, incidental to, or relating to such proceedings other than in

accordance with this chapter.

3. In addition to other grounds for jurisdiction provided by the law of this state, a court of

this state having jurisdiction of the subject matter has jurisdiction over a person served

pursuant to the North Dakota Rules of Civil Procedure or other applicable provisions of

law in an action brought by the receiver of a domestic insurer or an alien insurer

domiciled in this state:

a. If the person served is an insurance producer or other person who has at any

time written policies of insurance for or has acted in any manner whatsoever on

behalf of an insurer against which a delinquency proceeding has been instituted,

in any action resulting from or incident to such a relationship with the insurer;

b. If the person served is a reinsurer who has at any time entered into a contract of

reinsurance with an insurer against which a delinquency proceeding has been

instituted, or is an insurance producer of or for the reinsurer, in any action on or

incident to the reinsurance contract;

c. If the person served is or has been an officer, director, manager, trustee,

organizer, promoter, or other person in a position of comparable authority or

influence over an insurer against which a delinquency proceeding has been

instituted, in any action resulting from or incident to such a relationship with the

insurer;

d. If the person served is or was at the time of the institution of the delinquency

proceeding against the insurer holding assets in which the receiver claims an

interest on behalf of the insurer, in any action concerning the assets; or

e. If the person served is obligated to the insurer in any way whatsoever in any

action on, or incident to, the obligation.

4. If the court on motion of any party finds that any action should as a matter of

substantial justice be tried in a forum outside this state, the court may enter an

appropriate order to stay further proceedings on the action in this state.

5. All action herein authorized must be brought in the district court in Burleigh County,

North Dakota.
N.D. Cent. Code § 26.1-36.7-08 — ND Code / Title 26.1 / Chapter 26.1-36.7 / Section 26.1-36.7-08
26.1-36.7-08. Reinsurance
Status: in_force

26.1-36.7-08. Reinsurance

For claims of an insured which total at least one hundred thousand dollars and not more

than one million dollars incurred per plan year, a member insurer must be reinsured by the

association at an amount not exceeding seventy-five percent of the member insurer's

responsibility for claims incurred by the insured pursuant to the terms of an individual health

benefit plan. The board shall annually determine the attachment points and coinsurance

percentage for association claims for each plan year on or before April first of the preceding

year.
N.D. Cent. Code § 26.1-18.1-15 — ND Code / Title 26.1 / Chapter 26.1-18.1 / Section 26.1-18.1-15
26.1-18.1-15. Filing requirements for rating information
Status: in_force

26.1-18.1-15. Filing requirements for rating information

1. No premium rate may be used until either a schedule of premium rates or

methodology for determining premium rates has been filed with and approved by the

commissioner.

2. Either a specific schedule of premium rates, or a methodology for determining

premium rates, must be established in accordance with actuarial principles for various

categories of enrollees, provided that the premium applicable to an enrollee may not

be individually determined based on the status of the enrollee's health. However, the

premium rates may not be excessive, inadequate, or unfairly discriminatory. A

certification by a qualified actuary or other qualified person acceptable to the

commissioner as to the appropriateness of the use of the methodology, based on

reasonable assumptions, shall accompany the filing along with adequate supporting

information.

3. The commissioner shall approve the schedule of premium rates or methodology for

determining premium rates if the requirements of subsection 2 are met. The

procedures set forth in sections 26.1-30-20 and 26.1-30-21 govern the approval and

disapproval of rating information required to be filed under this section.
N.D. Cent. Code § 26.1-17.1-02 — ND Code / Title 26.1 / Chapter 26.1-17.1 / Section 26.1-17.1-02
26.1-17.1-02. Certificate of authority required
Status: in_force

26.1-17.1-02. Certificate of authority required

A person, corporation, partnership, or other entity may not operate a prepaid limited health

service organization in this state without obtaining and maintaining a certificate of authority from

the commissioner pursuant to this chapter.
N.D. Cent. Code § 26.1-06.1-09 — ND Code / Title 26.1 / Chapter 26.1-06.1 / Section 26.1-06.1-09
26.1-06.1-09. Court's seizure order
Status: in_force

26.1-06.1-09. Court's seizure order

1. The commissioner may file in the district court of this state a petition alleging, with

respect to a domestic insurer:

a. That grounds exist which justify a court order for a formal delinquency proceeding

against an insurer under this chapter;

b. That the interests of policyholders, creditors, or the public will be endangered by

delay; and

c. The contents of an order deemed necessary by the commissioner.

2. Upon a filing under subsection 1, the court may issue forthwith, ex parte, and without a

hearing the requested order which shall direct the commissioner to take possession

and control of all or a part of the property, books, accounts, documents, and other

records of an insurer, and of the premises occupied by it for transaction of its business;

and, until further order of the court, enjoin the insurer and its officers, managers,

agents, and employees from disposition of its property and from the transaction of its

business except with the written consent of the commissioner.

3. The court shall specify in the order the duration of the order which shall be such time

as the court deems necessary for the commissioner to ascertain the condition of the

insurer. On motion of either party or on its own motion, the court may from time to time

hold such hearings as it deems necessary after such notice as it deems appropriate,

and may modify the terms or duration of the seizure order. The court shall vacate the

seizure order if the commissioner fails to commence a formal proceeding under this

chapter after having had a reasonable opportunity to do so. An order of the court

pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure

order.

4. Entry of a seizure order under this section does not constitute an anticipatory breach

of any contract of the insurer.

5. An insurer subject to an ex parte order under this section may petition the court at any

time after the issuance of the order for a hearing and review of the order. The court

shall hold a hearing and review not more than fifteen days after the request. A hearing

under this subsection may be held privately in chambers and it must be so held if the

insurer proceeded against so requests.

6. If, at any time after the issuance of a seizure order under this section, it appears to the

court that any person whose interest is or will be substantially affected by the order did

not appear at the hearing and has not been served, the court may order that notice be

given. An order that notice be given does not stay the effect of any order previously

issued by the court.
N.D. Cent. Code § 26.1-05-01 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-01
26.1-05-01. General powers and duties of domestic company
Status: in_force

26.1-05-01. General powers and duties of domestic company

Every insurance company incorporated or formed by authority of any law of this state,

except when otherwise expressly provided, may exercise the powers and is subject to the duties

and liabilities provided by this title. The general law governing profit corporations applies to an

incorporated domestic insurance company so far as the provisions are pertinent and not in

conflict with provisions contained in this title relating to the company.
N.D. Cent. Code § 26.1-36-09.5 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-09.5
26.1-36-09.5. Service of advanced registered nurse practitioner - Direct reimbursement required
Status: in_force

26.1-36-09.5. Service of advanced registered nurse practitioner - Direct

reimbursement required.

The insured or any person covered by a health insurance policy, health service contract, or

evidence of coverage on an individual, group, blanket, franchise, or association basis issued,

delivered, executed, or renewed by an insurance company, nonprofit health service corporation,

or health maintenance organization which provides for reimbursement or payment for services

that are within the scope of practice of an advanced registered nurse practitioner who has

received an advanced license under rules adopted by the North Dakota state board of nursing is

entitled to reimbursement or payment for services performed by an advanced registered nurse

practitioner and the advanced registered nurse practitioner is entitled to direct reimbursement by

the insurer.
N.D. Cent. Code § 26.1-02.1-08 — ND Code / Title 26.1 / Chapter 26.1-02.1 / Section 26.1-02.1-08
26.1-02.1-08. Creation and purpose of the insurance fraud unit
Status: in_force

26.1-02.1-08. Creation and purpose of the insurance fraud unit

1. The North Dakota insurance fraud unit is established within the insurance department.

The commissioner may appoint the full-time supervisory and investigative personnel of

the insurance fraud unit, who must be qualified by training and experience to perform

the duties of their positions. The commissioner may also appoint clerical and other

staff necessary for the insurance fraud unit to carry out its duties and responsibilities

under this chapter.

2. The insurance fraud unit shall:

a. Initiate independent inquiries and conduct independent investigations when the

insurance fraud unit has cause to believe that a fraudulent insurance act may be,

is being, or has been committed;

b. Review reports or complaints of alleged fraudulent insurance activities from

federal, state, and local law enforcement and regulatory agencies, persons

engaged in the business of insurance, and the public to determine whether the

reports require further investigation and to conduct these investigations; and

c. Conduct independent examinations of alleged fraudulent insurance acts and

undertake independent studies to determine the extent of fraudulent insurance

acts.

3. The insurance fraud unit may:

a. Inspect, copy, or collect records and evidence;

b. Serve subpoenas;

c. Administer oaths and affirmations;

d. Share records and evidence with federal, state, or local law enforcement or

regulatory agencies;

e. Execute search warrants and arrest warrants for criminal violations of this

chapter;

f. Arrest upon probable cause without warrant a person found in the act of violating

or attempting to violate a provision of this chapter;

g. Make criminal referrals to prosecuting authorities; and

h. Conduct investigations outside of this state. If the information the insurance fraud

unit seeks to obtain is located outside this state, the person from whom the

information is sought may make the information available to the insurance fraud

unit to examine at the place where the information is located. The insurance fraud

unit may designate a representative, including an official of the state in which the

matter is located, to inspect the information on behalf of the insurance fraud unit,

and the insurance fraud unit may respond to a similar request from an official of

another state.
N.D. Cent. Code § 26.1-19-16 — ND Code / Title 26.1 / Chapter 26.1-19 / Section 26.1-19-16
26.1-19-16. Administrative findings and sanctions
Status: in_force

26.1-19-16. Administrative findings and sanctions

1. The commissioner, consistent with chapter 28-32, may initiate proceedings to

determine if a prepaid legal services organization has:

a. Operated in a manner that materially violates its organizational documents;

b. Materially breached its obligations to furnish the legal services specified in its

contracts with enrolled participants;

c. Violated this chapter, or any rule adopted under this chapter;

d. Made any false statement with respect to any report or statement required by this

chapter or by the commissioner under this chapter;

e. Advertised, marketed, or attempted to market its services in a manner which

misrepresents its services or its capacity to deliver services, or engaged in

deceptive, misleading, or unfair practices with respect to advertising or marketing;

or

f. Attempted to prevent the commissioner from the performance of any duty

imposed by this chapter or by other laws of this state.

2. After providing written notice and an opportunity for a hearing pursuant to chapter

28-32, the commissioner shall make administrative findings and, as appropriate, may:

a. Impose a penalty of not more than five thousand dollars for each unlawful act

committed under this chapter;

b. Issue an administrative order requiring the prepaid legal services organization to

cease or modify inappropriate conduct or practices by it or any of the personnel

employed by or associated with it, to fulfill its contractual obligations, to provide a

service which has been improperly denied, or to take steps to provide or arrange

for any services which it has agreed to make available; or

c. Suspend or revoke the certificate of authority of the prepaid legal services

organization.

3. If its certificate of authority is suspended, the prepaid legal services organization may

not, during the period of suspension, enroll any additional participants and may not

engage in any advertising or solicitation.

4. If its certificate of authority is revoked, the prepaid legal services organization shall

proceed under the supervision of the commissioner, immediately following the effective

date of the revocation, to wind up its affairs, and may conduct no further business

except as may be essential to the orderly conclusion of those affairs. The

commissioner, by written order, may permit further operation of the organization if it is

in the best interest of the participants and will allow the participants the greatest

practical opportunity to obtain continued legal services coverage.

5. The commissioner may apply to any court for the legal or equitable relief deemed

necessary to carry out the purposes of this chapter.
N.D. Cent. Code § 26.1-17.1-04 — ND Code / Title 26.1 / Chapter 26.1-17.1 / Section 26.1-17.1-04
26.1-17.1-04. Issuance of certificate of authority - Denial
Status: in_force

26.1-17.1-04. Issuance of certificate of authority - Denial

1. Following receipt of an application filed pursuant to section 26.1-17.1-03, the

commissioner shall review such application and notify the applicant of any

deficiencies. The commissioner shall issue a certificate of authority to an applicant

provided that the following conditions are met:

a. The requirements of section 26.1-17.1-03 have been fulfilled.

b. The individuals responsible for conducting the applicant's affairs are competent,

trustworthy, and possess good reputations, and have had appropriate experience,

training, or education.

c. The applicant is financially responsible and may reasonably be expected to meet

its obligations to enrollees and to prospective enrollees. In making this

determination, the commissioner may consider:

(1) The financial soundness of the applicant's arrangements for limited health

services and the minimum standard rates, deductibles, copayments, and

other patient charges used in connection therewith.

(2) The adequacy of working capital, other sources of funding, and provisions

for contingencies.

(3) Any agreement for paying the cost of the limited health services or for

alternative coverage in the event of insolvency of the prepaid limited health

service organization.

(4) The manner in which the requirements of section 26.1-17.1-17 have been

fulfilled.

d. The agreements with providers for the provision of limited health services contain

the provisions required by section 26.1-17.1-16.

e. Any deficiencies identified by the commissioner have been corrected.

2. If the certificate of authority is denied, the commissioner shall notify the applicant and

shall specify the reasons for denial in the notice. The applicant has thirty days from the

date of receipt of the notice to request a hearing before the commissioner pursuant to
N.D. Cent. Code § 26.1-07-08 — ND Code / Title 26.1 / Chapter 26.1-07 / Section 26.1-07-08
26.1-07-08. Insurance companies subject to dissolution provisions
Status: repealed

26.1-07-08. Insurance companies subject to dissolution provisions

Repealed by S.L. 1991, ch. 305, § 14.
N.D. Cent. Code § 26.1-17-26 — ND Code / Title 26.1 / Chapter 26.1-17 / Section 26.1-17-26
26.1-17-26. Procedure for submitting rate filings
Status: in_force

26.1-17-26. Procedure for submitting rate filings

1. Each health service corporation shall file with the commissioner every manual of

classifications, rates, rating formulas, rating systems, and rules applicable thereto, and

any modification of the foregoing which it proposes to use. Each filing must state the

proposed effective date thereof and must indicate the character and extent of the

coverage contemplated. When a filing is not accompanied by supporting information,

and the commissioner does not have sufficient information to determine whether the

filing meets the requirements of this chapter, the commissioner shall require the

corporation to furnish supporting information, and the waiting period will commence on

the date the information is furnished. The information furnished in support of a filing

must include the:

a. Contract of benefits;

b. Current rate structure;

c. Claims experience for the most recent period up to three years;

d. Claims experience projection for the next eighteen months;

e. Letter of opinion from the corporation actuary; and

f. Judgment of the corporation and its interpretation of the supporting data.

A filing and any supporting information is open to public inspection after the filing

becomes effective.

2. The commissioner shall review the filings pursuant to sections 26.1-30-19 through

26.1-30-21 to determine whether they meet the requirements of this chapter.

Upon written application by the corporation, the commissioner may authorize a

filing which the commissioner has reviewed to become effective before the expiration

of the waiting period or any extension thereof.

3. Under the rules the commissioner has adopted, the commissioner may, by written

order, suspend or modify the requirements of filing as to any kind of contract for health

services, subdivision thereof, or combination thereof, or as to any class of risks, the

rates for which cannot practically be filed before they are used. The orders and rules

must be made known to the health service corporation affected. The commissioner

may make an examination as the commissioner deems advisable to ascertain whether

any rates affected by an order meet the standards set forth in section 26.1-17-25.
N.D. Cent. Code § 26.1-53.1-23 — ND Code / Title 26.1 / Chapter 26.1-53.1 / Section 26.1-53.1-23
26.1-53.1-23. Annual reports
Status: in_force

26.1-53.1-23. Annual reports

1. A discount plan organization shall file an annual report with the commissioner in the

form prescribed by the commissioner no later than March first.

2. The report must include:

a. If different from the initial application for registration or at the time of renewal of

registration or the last annual report, as appropriate, a list of the names and

residence addresses of all persons responsible for the conduct of the

organization's affairs, together with a disclosure of the extent and nature of any

contracts or arrangements with these persons and the discount plan organization,

including any possible conflict of interest;

b. The number of discount plan members in the state; and

c. Any other information relating to the performance of the discount plan

organization which the commissioner may require.

3. Any discount plan organization that fails to file an annual report in the form and within

the time required by this section:

a. Accrues monetary penalties of:

(1) Up to five hundred dollars each day for the first ten days during which the

violation continues; and

(2) Up to one thousand dollars each day after the first ten days during which the

violation continues; and

b. Upon notice by the commissioner, lose the organization's authority to enroll new

members or do business in this state while the violation continues.
N.D. Cent. Code § 26.1-06.1-46 — ND Code / Title 26.1 / Chapter 26.1-06.1 / Section 26.1-06.1-46
26.1-06.1-46. Reopening liquidation
Status: in_force

26.1-06.1-46. Reopening liquidation

After the liquidation proceeding has been terminated and the liquidator discharged, the

commissioner or other interested party may at any time petition the district court to reopen the

proceedings for good cause, including the discovery of additional assets. If the court is satisfied

that there is justification for reopening, it shall so order.
N.D. Cent. Code § 26.1-15.1-12 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-12
26.1-15.1-12. Institutions
Status: in_force

26.1-15.1-12. Institutions

1. A society may create, maintain, and operate, or may establish organizations to

operate, not-for-profit institutions to further the purposes permitted by section
N.D. Cent. Code § 26.1-16-03 — ND Code / Title 26.1 / Chapter 26.1-16 / Section 26.1-16-03
26.1-16-03. Jurisdiction of commissioner
Status: in_force

26.1-16-03. Jurisdiction of commissioner

A benevolent society is under the jurisdiction of the commissioner and is subject to all the

laws and rules applicable to insurance companies transacting business within this state, except

as specifically provided.
N.D. Cent. Code § 26.1-36.8-02 — ND Code / Title 26.1 / Chapter 26.1-36.8 / Section 26.1-36.8-02
26.1-36.8-02. Individual short-term limited-duration plans
Status: in_force

26.1-36.8-02. Individual short-term limited-duration plans

1. An insurer issuing an individual short-term limited-duration plan shall provide, at the

insured's option, for renewal or continuation of coverage.

2. An insurer may not subject an insured to additional underwriting at renewal or

continuation of coverage and the insured shall remain within the same risk class as of

the original effective date of the policy.

3. An insurer shall provide a notice of termination of the individual short-term limited-

duration plan to the insured at least fifteen days before renewal or end of the policy

term.
N.D. Cent. Code § 26.1-04-04 — ND Code / Title 26.1 / Chapter 26.1-04 / Section 26.1-04-04
26.1-04-04. Coercing purchaser or borrower to insure with particular company or insurance producer prohibited
Status: in_force

26.1-04-04. Coercing purchaser or borrower to insure with particular company or

insurance producer prohibited.

1. No person, engaged in selling property or in the business of financing the purchase of

property or of lending money on the security of property and no trustee, director,

officer, agent, or other employee of the person may require, as a condition precedent,

concurrent, or subsequent to the sale or financing the purchase of the property or to

lending money upon the security of a mortgage thereon or for the renewal or extension

of any such loan or mortgage or for the performance of any other act in connection

therewith, that the person purchasing the property or for whom the purchase is to be

financed or to whom the money is to be loaned or for whom the extension, renewal, or

other act is to be granted, or performed, negotiate any insurance policy or renewal

thereof covering the property through a particular insurance company or insurance

producer.

2. This section does not prevent the exercise by any person of the right to designate

reasonable financial requirements as to the insurance company, the terms and

provisions of the policy, and the adequacy of the coverage with respect to insurance

on property pledged or mortgaged to the person; nor does this section prohibit the

right of any person from voluntarily negotiating or soliciting the placing of such

insurance; nor does this section forbid the securing of insurance or renewal thereof at

the request of the purchaser or borrower or because of the failure of the purchaser or

borrower to furnish the necessary insurance or renewal thereof.

3. Violation of this section constitutes an unfair insurance practice. The person violating

this section must be proceeded against under this chapter.
N.D. Cent. Code § 26.1-13-21 — ND Code / Title 26.1 / Chapter 26.1-13 / Section 26.1-13-21
26.1-13-21. Supervision by commissioner
Status: in_force

26.1-13-21. Supervision by commissioner

The commissioner has full power of supervision over all reinsurance contracts executed

under section 26.1-13-19.
N.D. Cent. Code § 26.1-17-17 — ND Code / Title 26.1 / Chapter 26.1-17 / Section 26.1-17-17
26.1-17-17. Coordination of benefit provisions
Status: repealed

26.1-17-17. Coordination of benefit provisions

Repealed by S.L. 1985, ch. 316, § 22.
N.D. Cent. Code § 26.1-19-07 — ND Code / Title 26.1 / Chapter 26.1-19 / Section 26.1-19-07
26.1-19-07. Powers of organization
Status: in_force

26.1-19-07. Powers of organization

The powers of a holder of a certificate of authority issued pursuant to section 26.1-19-04, in

addition to any other powers conferred by law, include the following:

1. The purchase, lease, construction, renovation, operation, or maintenance of facilities

and property reasonably required for the delivery of services or for such purposes as

may be reasonably necessary to the operation of the organization.

2. The furnishing of legal services on a prepaid basis under agreements of indemnity with

plan enrollees or under service contracts with providers who are under contract with,

employed by, or otherwise associated with the prepaid legal services organization.

3. The marketing and administration of prepaid legal services plans or contracting with

any person for the performance of these functions on its behalf.

4. Contracting with an insurance company licensed or authorized to do business in this

state for the provision of insurance, indemnity, or reimbursement against the cost of

legal services provided by a prepaid legal services organization.