N.D. Cent. Code § 26.1-51-07 — ND Code / Title 26.1 / Chapter 26.1-51 / Section 26.1-51-07
26.1-51-07. Determination of privilege - Procedure
Status: in_force

26.1-51-07. Determination of privilege - Procedure

1. If a person seeks from an insurer communications involving an insurance compliance

audit or any insurance compliance self-critical analysis audit document during the

course of a pending civil or criminal proceeding, the insurer may assert the self-critical

analysis privilege and provide the information set forth in subsection 6 during the

course of those proceedings just as any other privilege is asserted in the courts of this

state. If the court is required to make a determination as to the privilege, the court shall

follow the procedure and conditions set forth in subsection 5.

2. If there is a pending administrative proceeding, or there is no pending civil or criminal

proceeding, the commissioner, state's attorney, or attorney general may serve on an

insurer a written request by certified mail for disclosure of an insurance compliance

self-critical analysis audit document. Within thirty days after the commissioner, state's

attorney, or attorney general serves on an insurer a written request by certified mail for

disclosure of an insurance compliance self-critical analysis audit document, the insurer

that prepared or caused the document to be prepared may file with the appropriate

court a petition requesting an in-camera hearing on whether the insurance compliance

self-critical analysis audit document or portions of the document are privileged under

this chapter or subject to disclosure. The court has jurisdiction over a petition filed by

an insurer under this subsection requesting an in-camera hearing on whether the

insurance compliance self-critical analysis document or portions of the document are

privileged or subject to disclosure. Failure by the insurer to file a petition waives the

privilege for only the specific request made.

3. An insurer asserting the insurance compliance self-critical analysis privilege in

response to a request for disclosure under this section shall include in its request for

an in-camera hearing all of the information set forth in subsection 6.

4. Upon the filing of a petition under this section, the court shall issue an order

scheduling, within forty-five days after the filing of the petition, an in-camera hearing to

determine whether the insurance compliance self-critical analysis audit document or

portions of the document are privileged under this chapter or subject to disclosure.

5. The court, after an in-camera review, may require disclosure of material for which the

privilege is asserted if the court determines, based upon its in-camera review, that any

one of the conditions set forth in subsection 2 of section 26.1-51-06 is applicable as to

a civil or administrative proceeding or that any one of the conditions set forth in

subsection 3 of section 26.1-51-06 is applicable as to a criminal proceeding. Upon

making such determination, the court may only compel the disclosure of those portions

of an insurance compliance self-critical analysis document relevant to issues in dispute

in the underlying proceeding. A compelled disclosure may not be considered to be a

public document or be deemed to be a waiver of the privilege for any other civil,

criminal, or administrative proceeding. An insurer unsuccessfully opposing disclosure

may apply to the court for an appropriate order protecting the document from further

disclosure.

6. An insurer asserting the insurance compliance self-critical analysis privilege in

response to a request for disclosure under this section shall provide at the time of

making and filing any objection to the disclosure all of the following information:

a. The date of the insurance compliance self-critical analysis audit document;

b. The identity of the entity conducting the audit;

c. The general nature of the activities covered by the insurance compliance audit;

and

d. An identification of the portions of the insurance compliance self-critical analysis

audit document for which the privilege is being asserted.
N.D. Cent. Code § 26.1-39-21 — ND Code / Title 26.1 / Chapter 26.1-39 / Section 26.1-39-21
26.1-39-21. Renewal of property and casualty policies - Waiver - Estoppel
Status: in_force

26.1-39-21. Renewal of property and casualty policies - Waiver - Estoppel

Renewal of a property insurance policy does not constitute a waiver or estoppel with

respect to grounds for cancellation which existed before the effective date of the policy providing

duplicate coverage.
N.D. Cent. Code § 26.1-06.1-15 — ND Code / Title 26.1 / Chapter 26.1-06.1 / Section 26.1-06.1-15
26.1-06.1-15. Termination of rehabilitation
Status: in_force

26.1-06.1-15. Termination of rehabilitation

1. Whenever the commissioner believes further attempts to rehabilitate an insurer would

substantially increase the risk of loss to creditors, policyholders, or the public, or would

be futile, the commissioner may petition the district court for an order of liquidation. A

petition under this subsection has the same effect as a petition under section
N.D. Cent. Code § 26.1-26.8-16 — ND Code / Title 26.1 / Chapter 26.1-26.8 / Section 26.1-26.8-16
26.1-26.8-16. Public adjuster fees
Status: in_force

26.1-26.8-16. Public adjuster fees

1. A public adjuster may charge the insured a reasonable fee for public adjuster services.

2. A person may not accept a commission, service fee, or other valuable consideration

for investigating or settling claims in this state if the person is required to be licensed

under this chapter and is not licensed.

3. A public adjuster may not charge, agree to, or accept as compensation or

reimbursement a payment, commission, fee, or other thing of value equal to or more

than ten percent of an insurance settlement or proceeds resulting from a catastrophic

disaster.

4. A public adjuster may not require, demand, or accept a fee, retainer, compensation,

deposit, or other thing of value before settlement of a claim, unless the loss is being

handled by the public adjuster on a time-plus-expense basis.
N.D. Cent. Code § 26.1-31.1-07 — ND Code / Title 26.1 / Chapter 26.1-31.1 / Section 26.1-31.1-07
26.1-31.1-07. Prohibited acts
Status: in_force

26.1-31.1-07. Prohibited acts

The reinsurance intermediary-manager may not:

1. Bind retrocessions on behalf of the reinsurer, except that the reinsurance

intermediary-manager may bind facultative retrocessions pursuant to obligatory

facultative agreements if the contract with the reinsurer contains reinsurance

underwriting guidelines for such retrocessions. The guidelines must include a list of

reinsurers with which the automatic agreements are in effect, and for each such

reinsurer, the coverages and amounts or percentages that may be reinsured, and

commission schedules.

2. Commit the reinsurer to participate in reinsurance syndicates.

3. Appoint any producer without assuring that the producer is lawfully licensed to transact

the type of reinsurance for which the producer is appointed.

4. Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net

of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or

one percent of the reinsurer's policyholder's surplus as of December thirty-first of the

last complete calendar year.

5. Collect any payment from a retrocessionaire or commit the reinsurer to any claim

settlement with a retrocessionaire, without prior approval of the reinsurer. If prior

approval is given, a report must be promptly forwarded to the reinsurer.

6. Jointly employ an individual who is employed by the reinsurer unless such reinsurance

intermediary-manager is under common control with the reinsurer subject to chapter

26.1-10.

7. Appoint a subreinsurance intermediary-manager.
N.D. Cent. Code § 26.1-16-06 — ND Code / Title 26.1 / Chapter 26.1-16 / Section 26.1-16-06
26.1-16-06. Society doing business on July 1, 1937, need not change name - Requirements
Status: in_force

26.1-16-06. Society doing business on July 1, 1937, need not change name -

Requirements.

Any benevolent society organized and doing business on July 1, 1937, which has a name

which does not include the words "benevolent society" is not required to change its name to

comply with section 26.1-16-05, but its membership certificate, stationery, and literature must

state clearly that it is a benevolent society.
N.D. Cent. Code § 26.1-39-10 — ND Code / Title 26.1 / Chapter 26.1-39 / Section 26.1-39-10
26.1-39-10. Property and casualty policies - Declination, cancellation, and nonrenewal - Scope
Status: in_force

26.1-39-10. Property and casualty policies - Declination, cancellation, and nonrenewal

- Scope.

Sections 26.1-39-10 through 26.1-39-21 apply to insurance policies or risks located or

resident in this state which are issued and take effect or which are renewed after July 1, 1983,

and insure against any of the following:

1. Loss of or damage to real property which consists of not more than four residential

units, one of which is the principal place of residence of the named insured.

2. Loss of or damage to personal property owned by the named insured or used for

personal, family, or household purposes within a residential dwelling.

3. Legal liability of the named insured arising out of bodily injury to or death of any

persons or damage to property, except bodily injury, death, or property damage arising

out of business pursuits other than professional legal or medical services.

Sections 26.1-39-10 through 26.1-39-21 do not apply to workforce safety and insurance

policies, automobile policies, inland marine policies, insurance policies issued through a residual

market mechanism, or policies primarily insuring risks arising from the conduct of a commercial

or industrial enterprise.

For purposes of sections 26.1-39-10 through 26.1-39-21, any policy period or term of less

than six months is considered a policy period or term of six months and any policy period or

term of more than one year or any policy with no fixed expiration date is considered a policy

period or term of one year.
N.D. Cent. Code § 26.1-53.1-11 — ND Code / Title 26.1 / Chapter 26.1-53.1 / Section 26.1-53.1-11
26.1-53.1-11. Winding up of affairs
Status: in_force

26.1-53.1-11. Winding up of affairs

If the registration of a discount plan organization is surrendered, revoked, or not renewed,

the discount plan organization shall proceed, immediately following surrender, or the effective

date of the order of revocation or, in the case of a nonrenewal, the date of expiration of the

registration, to wind up the organization's affairs transacted under the registration. The discount

plan organization may not engage in any further advertising, solicitation, collecting of fees, or

renewal of contracts.
N.D. Cent. Code § 26.1-26-31.5 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-31.5
26.1-26-31.5. Extension
Status: in_force

26.1-26-31.5. Extension

The commissioner may grant an extension of time, not to exceed one year, for completion

of the requirements imposed by section 26.1-26-31.1.
N.D. Cent. Code § 26.1-02-27 — ND Code / Title 26.1 / Chapter 26.1-02 / Section 26.1-02-27
26.1-02-27. Disclosing nonpublic personal information
Status: in_force

26.1-02-27. Disclosing nonpublic personal information

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

organization may not disclose to a nonaffiliated third party a customer's nonpublic

personal information contrary to the provisions of title V of the Gramm-Leach-Bliley Act

[Pub. L. 106-102; 113 Stat. 1436] or contrary to the rules adopted by the commissioner

under this section.

2. The commissioner shall adopt rules necessary to carry out this section.

a. The rules must be consistent with and not more restrictive than the model

regulation adopted by the national association of insurance commissioners

entitled "Privacy of Consumer Financial and Health Information Regulation".

b. Notwithstanding subdivision a and subject to the exceptions, including the affiliate

sharing exception provided for in the national association of insurance

commissioners' model regulation, the rules may prohibit the disclosure of

nonpublic personal health and financial information concerning an individual

unless an authorization is obtained from the individual whose nonpublic personal

health and financial information is sought to be disclosed.

c. The rules may not require an insurance company, nonprofit health service

corporation, or health maintenance organization to provide an annual privacy

notice if the insurance company, nonprofit health service corporation, or health

maintenance organization:

(1) Complies with nonaffiliated third-party sharing rules adopted by the

commissioner; and

(2) Has not changed the insurance company's, nonprofit health service

corporation's, or health maintenance organization's policies and practices

with regard to disclosing nonpublic personal information from the policies

and practices that were disclosed in the most recent notice sent to

consumers.

3. This section does not create a private right of action.
N.D. Cent. Code § 26.1-49-01 — ND Code / Title 26.1 / Chapter 26.1-49 / Section 26.1-49-01
26.1-49-01. Definitions
Status: in_force

26.1-49-01. Definitions

As used in this chapter:

1. "Commissioner" means the insurance commissioner.

2. "Health care provider" means any person or institution licensed to provide health care

services in this state.

3. "Health provider cooperative" means a corporation organized under this chapter and

operated on a cooperative plan to provide health care services to purchasers of those

services.

4. "Member" means a licensed health care provider or an organization owned, controlled,

or affiliated with a health care provider, including without limitation, a professional

corporation, partnership, or other similar organization.
N.D. Cent. Code § 26.1-03-07 — ND Code / Title 26.1 / Chapter 26.1-03 / Section 26.1-03-07
26.1-03-07. Annual statement to be filed
Status: in_force

26.1-03-07. Annual statement to be filed

Every insurance company doing business in this state shall transmit to the commissioner,

not later than March first of each year, a statement of its condition and business for the year

ending on the preceding December thirty-first. If March first falls on a Saturday or legal holiday,

the statement is due on the next succeeding business day. A company organized under the law

of any foreign country or province shall include in the statement only business transacted within

the United States, and shall file a supplemental statement of business transacted without the

United States not later than December first. The commissioner shall stamp the date of receipt

on every statement. The commissioner may not accept the annual statement from any company

if the statement was transmitted after the date designated in this section unless the statement is

accompanied by the penalty prescribed by section 26.1-03-16. The commissioner may

designate the national association of insurance commissioners as the repository for the filing.
N.D. Cent. Code § 26.1-07-10 — ND Code / Title 26.1 / Chapter 26.1-07 / Section 26.1-07-10
26.1-07-10. Petition for dissolution of company when officer refuses to give information
Status: repealed

26.1-07-10. Petition for dissolution of company when officer refuses to give

information.

Repealed by S.L. 1991, ch. 305, § 14.
N.D. Cent. Code § 26.1-30-18 — ND Code / Title 26.1 / Chapter 26.1-30 / Section 26.1-30-18
26.1-30-18. Inception and expiration of policies - Inception of hail insurance policies
Status: in_force

26.1-30-18. Inception and expiration of policies - Inception of hail insurance policies

An insurance policy covers the insured at 12:01 a.m. on the day on which coverage begins

and expires at 12:01 a.m. on the day of expiration of the policy. However, a policy of insurance

on growing crops against loss by hail takes effect at the time and on the day stated on the

application for the insurance. The provision allowing a policy of insurance on growing crops

against loss by hail to take effect as provided on the application may not be limited or restricted

by rule or bulletin of the commissioner.
N.D. Cent. Code § 26.1-26-45 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-45
26.1-26-45. Notification of suspension or revocation of nonresident license
Status: in_force

26.1-26-45. Notification of suspension or revocation of nonresident license

If the commissioner suspends or revokes any nonresident's license through a formal

proceeding under this chapter, the commissioner shall promptly notify the appropriate

commissioner of the licensee's residence of the action and of the particulars of the action.
N.D. Cent. Code § 26.1-02-29 — ND Code / Title 26.1 / Chapter 26.1-02 / Section 26.1-02-29
26.1-02-29. Compliance with federal law
Status: in_force

26.1-02-29. Compliance with federal law

The commissioner shall administer and enforce the provisions of the Patient Protection and

Affordable Care Act [Pub. L. 111-148] and the provisions of the Health Care and Education

Reconciliation Act of 2010 [Pub. L. 111-152] to the extent that the provisions apply to insurance

companies subject to the commissioner's jurisdiction and to the extent that the provisions are

not under the exclusive jurisdiction of any federal agency.
N.D. Cent. Code § 26.1-02-25 — ND Code / Title 26.1 / Chapter 26.1-02 / Section 26.1-02-25
26.1-02-25. Penalty
Status: in_force

26.1-02-25. Penalty

Any unauthorized insurance company or other insurance entity or any representative or

agent of the company or entity that transacts any unauthorized act of insurance business as

provided by this chapter is guilty of a class C felony.
N.D. Cent. Code § 26.1-36.9-01 — ND Code / Title 26.1 / Chapter 26.1-36.9 / Section 26.1-36.9-01
26.1-36.9-01. Definitions
Status: in_force

26.1-36.9-01. Definitions

As used in this chapter:

1. "Dental benefit plan" means a benefits plan that pays or provides dental expense

benefits for covered dental services and is delivered through a dental insurer.

2. "Dental insurer" means a dental insurance company, dental service corporation, or

dental plan organization authorized to provide dental benefits.

3. "Dental provider" means a licensed provider of dental services in this state.

4. "Dental services" means services for the diagnosis, prevention, treatment, or cure of a

dental condition, illness, injury, or disease.

5. "Prior authorization" means confirmation by the covered individual's dental benefit plan

that the services sought to be provided by the dental provider meet the criteria for

coverage under the covered individual's dental benefit plan as defined by the covered

individual's dental benefit plan.
N.D. Cent. Code § 26.1-05-13 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-13
26.1-05-13. Conditions of sale
Status: in_force

26.1-05-13. Conditions of sale

A beneficial owner, director, or officer, directly or indirectly, may not sell any equity security

of a domestic stock insurance company if the person selling the security or the person's

principal does not own the security sold, or if owning the security, does not deliver it against

such sale within twenty days thereafter, or does not within five days after the sale deposit it in

the mails or other usual channels of transportation. A person does not violate this section if the

person proves that notwithstanding the exercise of good faith the person was unable to make

such delivery or deposit within such time, or that to do so would cause undue inconvenience or

expense.
N.D. Cent. Code § 26.1-06.2-01 — ND Code / Title 26.1 / Chapter 26.1-06.2 / Section 26.1-06.2-01
26.1-06.2-01. Definitions
Status: in_force

26.1-06.2-01. Definitions

As used in this chapter:

1. "Consent" means agreement to administrative supervision by the insurer.

2. "Exceeded its powers" means any of the following conditions:

a. The insurer has refused to permit examination of its books, papers, accounts,

records, or affairs by the commissioner, the commissioner's deputies, employees,

or duly commissioned examiners.

b. A domestic insurer has unlawfully removed from this state books, papers,

accounts, or records necessary for an examination of the insurer.

c. The insurer has failed to promptly comply with the applicable financial reporting

statutes or rules and departmental requests relating thereto.

d. The insurer has neglected or refused to observe an order of the commissioner to

make good, within the time prescribed by law, any prohibited deficiency in its

capital, capital stock, or surplus.

e. The insurer is continuing to transact insurance or write business after its license

has been revoked or suspended by the commissioner.

f. The insurer, by contract or otherwise, has unlawfully or has in violation of an

order of the commissioner or has without first having obtained written approval of

the commissioner, if approval is required by law, totally reinsured its entire

outstanding business, or merged or consolidated substantially its entire property

or business with another insurer.

g. The insurer engaged in any transaction in which it is not authorized to engage

under the laws of this state.

h. The insurer refused to comply with a lawful order of the commissioner.

3. "Insurer" means and includes every person engaged as indemnity, surety, or

contractor in the business of insurance or of annuities. For purposes of this chapter,

any other persons included under section 26.1-06.1-02 must be deemed to be

insurers.
N.D. Cent. Code § 26.1-10-05.1 — ND Code / Title 26.1 / Chapter 26.1-10 / Section 26.1-10-05.1
26.1-10-05.1. Dividends and other distribution
Status: in_force

26.1-10-05.1. Dividends and other distribution

1. The board of directors of any company subject to this chapter may declare and the

company may pay dividends and other distributions on its outstanding shares and

cash, property, or its own shares and on its treasury stock in its own shares, subject to

the following provisions:

a. No dividend or other distribution may be declared or paid at any time except out

of earned, as distinguished from contributed, surplus, nor when the surplus of the

company is less than the surplus required by law for the kind or kinds of business

authorized to be transacted by the insurer, nor when the payment of a dividend or

other distribution would reduce its surplus to less than such amount.

b. Except in the case of share dividends, surplus for determining whether dividends

or other distributions may be declared may not include surplus arising from

unrealized appreciation in value, or revaluation of assets, or from unrealized

profits upon investments.

c. No dividend or other distribution may be declared or paid contrary to any

restriction contained in the articles of incorporation.

d. No dividend or other distribution may be declared or paid contrary to section

26.1-10-05.

2. No payment may be made to policyholders by way of dividends unless the insurer

possesses admitted assets in the amount of such payment in excess of its capital,

minimum required surplus, and all liabilities.
N.D. Cent. Code § 26.1-25-15 — ND Code / Title 26.1 / Chapter 26.1-25 / Section 26.1-25-15
26.1-25-15. Assigned risks
Status: in_force

26.1-25-15. Assigned risks

1. An agreement may be made among insurers with respect to the equitable

apportionment among them of insurance which may be afforded applicants who are in

good faith entitled to but who are unable to procure such insurance through ordinary

methods and the insurers may agree among themselves on the use of reasonable rate

modifications for such insurance. The agreement is subject to the approval of the

commissioner.

2. The agreement approved in subsection 1 must be called the North Dakota automobile

insurance plan. The plan may issue policies of insurance in the name of the plan for

the applicants described in subsection 1, and to provide policyholder and claim-

handling services.

3. A policy of insurance issued by the plan must be recognized as if issued by an

insurance company authorized to issue insurance in this state. The policy also is

considered proof of financial responsibility in accordance with title 39. This section

does not revoke any exception granted in another section of law.

4. Every form and every modification, proposed to be used by the plan, of a policy,

endorsement, rider, manual of classification, rule, rate, or rating plan, must be filed and

approved by the commissioner before use.

5. An insurance company writing insurance in this state for private passenger motor

vehicles, commercial motor vehicles, and other motor vehicles must be a subscriber to

the plan.

6. The plan shall file an annual audited financial report with the commissioner promptly

upon the completion of the report.

7. An applicant for a policy, any person insured under a policy, and any insurance

company affected may appeal to the commissioner from a ruling or decision of the

plan. A person aggrieved by an order or act of the commissioner, within thirty days

after receipt of written notice of the order or act, may file a petition in the district court

of Burleigh County.

8. The plan may be managed and operated by one or more entities approved by the

commissioner.

9. The commissioner may adopt rules to establish plan requirements and implement this

section.
N.D. Cent. Code § 26.1-05-17 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-17
26.1-05-17. Transfer of stock pending examination - Liability
Status: in_force

26.1-05-17. Transfer of stock pending examination - Liability

A transfer of the stock of any domestic insurance company made during the pendency of

any examination does not release the party making the transfer from the party's liability for loss

which may have occurred previous to the transfer.
N.D. Cent. Code § 26.1-38.1-07 — ND Code / Title 26.1 / Chapter 26.1-38.1 / Section 26.1-38.1-07
26.1-38.1-07. Plan of operation
Status: in_force

26.1-38.1-07. Plan of operation

1. The association shall submit to the commissioner a plan of operation and any

amendments thereto necessary or suitable to assure the fair, reasonable, and

equitable administration of the association. The plan of operation and any

amendments thereto become effective upon the commissioner's written approval or

after thirty days if the commissioner has not disapproved the plan of operation and any

amendments thereto.

2. If the association fails to submit a suitable plan of operation within one hundred twenty

days following July 1, 1989, or if at any time thereafter the association fails to submit

suitable amendments to the plan, the commissioner shall, after notice and hearing,

adopt such reasonable rules as are necessary or advisable to effectuate the provisions

of this chapter. Such rules must continue in force until modified by the commissioner or

superseded by a plan submitted by the association and approved by the

commissioner.

3. All member insurers shall comply with the plan of operation.

4. The plan of operation must, in addition to requirements enumerated elsewhere in this

chapter:

a. Establish procedures for handling the assets of the association;

b. Establish the amount and method of reimbursing members of the board of

directors under section 26.1-38.1-04;

c. Establish regular places and times for meetings, including telephone conference

calls of the board of directors;

d. Establish procedures for records to be kept of all financial transactions of the

association, its agents, and the board of directors;

e. Establish the procedures whereby selections for the board of directors will be

made and submitted to the commissioner;

f. Establish any additional procedures for assessments under section 26.1-38.1-06;

g. Contain additional provisions necessary or proper for the execution of the powers

and duties of the association;

h. Establish procedures whereby a director may be removed for cause, including if a

member insurer director becomes an impaired or insolvent insurer; and

i. Require the board of directors to establish a policy and procedures for addressing

conflicts of interest.

5. The plan of operation may provide that any or all powers and duties of the association,

except those under subdivision c of subsection 16 of section 26.1-38.1-05 and section

26.1-38.1-06, are delegated to a corporation, limited liability company, association, or

other organization which performs or will perform functions similar to those of this

association, or its equivalent, in two or more states. Such a corporation, limited liability

company, association, or organization must be reimbursed for any payments made on

behalf of the association and must be paid for its performance of any function of the

association. A delegation under this subsection shall take effect only with the approval

of both the board of directors and the commissioner, and may be made only to a

corporation, limited liability company, association, or organization which extends

protection not substantially less favorable and effective than that provided by this

chapter.
N.D. Cent. Code § 26.1-26-22 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-22
26.1-26-22. Proceedings by commissioner - Service of process - Procedure
Status: in_force

26.1-26-22. Proceedings by commissioner - Service of process - Procedure

The commissioner shall serve process upon any licensee in any action or proceeding

instituted by the commissioner under this chapter by electronic mail to the electronic mail

address maintained as required under section 26.1-26-33.1 or United States mail to the licensee

at the licensee's last-known address of record or principal place of business. Service of process

under this section is complete upon electronic mailing or United States mailing.
N.D. Cent. Code § 26.1-25-02 — ND Code / Title 26.1 / Chapter 26.1-25 / Section 26.1-25-02
26.1-25-02. Scope of chapter
Status: in_force

26.1-25-02. Scope of chapter

1. This chapter applies to fire, marine, inland marine, hail, windstorm, cyclone, tornado,

explosion, water damage, and all other forms of insurance on property, and the loss of

use and occupancy thereof, and to casualty insurance, including fidelity, surety, and

guaranty bonds, and all other forms of motor vehicle insurance, as defined and set

forth in subsections 1, 2, 4, 5, 6, and 7 of section 26.1-12-11 and in subsections 1, 2,

5, 6, and 7 of section 26.1-05-02, except as hereinafter excluded. Inland marine

insurance is deemed to include insurance now or hereafter defined by statute, or by

interpretation thereof, or if not so defined or interpreted, by ruling of the commissioner

or as established by general custom of the business, as inland marine insurance. This

chapter does not apply to:

a. Reinsurance other than joint reinsurance to the extent stated in section

26.1-25-10.5.

b. Accident and health insurance.

c. Insurance of vessels or craft, their cargoes, marine builders' risks, marine

protection and indemnity, or other risks commonly insured under marine, as

distinguished from inland marine, insurance policies.

d. Insurance against loss or damage to aircraft or against liability, other than

workforce safety and insurance and employers' liability, arising out of ownership,

maintenance, or use of aircraft.

2. This chapter applies to every insurer, including every stock or mutual company,

reciprocal or interinsurance exchange, authorized by any provision of the laws of this

state to transact any of the kinds of insurance. However, except with respect to

policies issued pursuant to section 26.1-13-15 in any incorporated city with a

population over ten thousand, this chapter does not apply to county mutual insurance

companies organized under chapter 26.1-13.

3. If any kind of insurance, subdivision, or combination thereof, or type of coverage,

subject to this chapter, is also subject to regulation by another rate regulatory act of

this state, an insurer to which both acts are otherwise applicable shall file with the

commissioner a designation as to which rate regulatory act is applicable to it with

respect to the kind of insurance, subdivision, or combination thereof, or type of

coverage.
N.D. Cent. Code § 26.1-03-11.2 — ND Code / Title 26.1 / Chapter 26.1-03 / Section 26.1-03-11.2
26.1-03-11.2. Immunity of national association of insurance commissioners' employees
Status: in_force

26.1-03-11.2. Immunity of national association of insurance commissioners'

employees.

In the absence of actual malice, members of the national association of insurance

commissioners and their employees and all others charged with the responsibility of collecting,

reviewing, analyzing, and disseminating the information developed from the filing of the annual

statement act as agents of the commissioner under the authority of sections 26.1-03-11.1

through 26.1-03-11.3 and are not subject to civil liability for libel, slander, or any other cause of

action by virtue of their collection, review, and analysis or dissemination of the data and

information collected from the filings required by sections 26.1-03-11.1 through 26.1-03-11.3.
N.D. Cent. Code § 26.1-06-13 — ND Code / Title 26.1 / Chapter 26.1-06 / Section 26.1-06-13
26.1-06-13. Offenses - Penalties - Statute of limitation
Status: in_force

26.1-06-13. Offenses - Penalties - Statute of limitation

Any person who knowingly makes or causes to be made any false statement with respect to

any matter subject to this chapter or commits any act declared unlawful by this chapter and any

offeror who makes a takeover bid which does not comply with this section and sections

26.1-06-02, 26.1-06-03, and 26.1-06-04 is guilty of a class A misdemeanor. Prosecutions under

this section must be instituted within two years from the date of the offense.
N.D. Cent. Code § 26.1-11-17 — ND Code / Title 26.1 / Chapter 26.1-11 / Section 26.1-11-17
26.1-11-17. Construction
Status: in_force

26.1-11-17. Construction

Section 26.1-11-16 does not prevent an unauthorized foreign or alien insurance company

from filing a motion to quash a writ or to set aside service thereof made in the manner provided

in this chapter on the ground that the company has not done any of the acts enumerated in this

chapter or that the person on whom service was made pursuant to section 26.1-11-12 was not

doing any of the acts therein enumerated.
N.D. Cent. Code § 26.1-14-13 — ND Code / Title 26.1 / Chapter 26.1-14 / Section 26.1-14-13
26.1-14-13. Exemption from taxation
Status: in_force

26.1-14-13. Exemption from taxation

The property, income, premiums, and activities of the company are exempt from all taxes

and assessments and from any fees specified for licenses and certifications of the insurance

laws except for the tax imposed by section 26.1-03-17 and any assessment made by the

insurance guaranty association in the event that an affirmative election is held in accordance

with section 26.1-14-15.
N.D. Cent. Code § 26.1-12-32 — ND Code / Title 26.1 / Chapter 26.1-12 / Section 26.1-12-32
26.1-12-32. Demutualization of domestic mutual insurance companies - Rules
Status: repealed

26.1-12-32. Demutualization of domestic mutual insurance companies - Rules

Repealed by S.L. 2015, ch. 209, § 4.
N.D. Cent. Code § 26.1-37-01 — ND Code / Title 26.1 / Chapter 26.1-37 / Section 26.1-37-01
26.1-37-01. Scope
Status: in_force

26.1-37-01. Scope

1. This chapter may be cited as the "Consumer Credit Insurance Model Act".

2. All consumer credit insurance issued or sold in connection with loans or other credit

transactions for personal, family, or household purposes is subject to the provisions of

this chapter, except:

a. Insurance written in connection with a credit transaction that is:

(1) Secured by a first mortgage or deed of trust; or

(2) Made to finance the purchase of real property or the construction of a

dwelling thereon, or to refinance a prior credit transaction made for such a

purpose;

b. Transactions involving extensions of credit primarily for business or commercial

purposes;

c. Private passenger motor vehicle insurance or mobile homeowner's insurance;

d. Creditor-placed insurance;

e. Insurance sold as an isolated transaction on the part of the insurer and not

related to an agreement or a plan for insuring debtors of the creditor;

f. Insurance for which no identifiable charge is made to the debtor; and

g. Insurance on accounts receivable.
N.D. Cent. Code § 26.1-41-20 — ND Code / Title 26.1 / Chapter 26.1-41 / Section 26.1-41-20
26.1-41-20. Secured person exemption for no liability insurance
Status: in_force

26.1-41-20. Secured person exemption for no liability insurance

In any action against a secured person to recover damages because of accidental bodily

injury arising out of the ownership or operation of a secured motor vehicle in this state, the

secured person may not be assessed damages for noneconomic loss for a serious injury in

favor of a party who has at least one prior unrelated conviction under section 39-08-20 and who

was operating a motor vehicle owned by that party at the time of injury without a valid policy of

liability insurance in order to respond to damages for liability arising out of the ownership,

maintenance, or use of that motor vehicle.
N.D. Cent. Code § 26.1-06-07 — ND Code / Title 26.1 / Chapter 26.1-06 / Section 26.1-06-07
26.1-06-07. Separate offenses
Status: in_force

26.1-06-07. Separate offenses

Each takeover bid made in violation of the provisions of this chapter constitutes a separate

offense. The commissioner may request the offeror to rescind the bid and to make restitution to

the offeree, and if the offeror complies with the request no penalty may be imposed on the

offeror on account of that illegal takeover bid.
N.D. Cent. Code § 26.1-17.1-06 — ND Code / Title 26.1 / Chapter 26.1-17.1 / Section 26.1-17.1-06
26.1-17.1-06. Filing requirements for authorized entities
Status: in_force

26.1-17.1-06. Filing requirements for authorized entities

1. Any entity authorized pursuant to the laws of this state to operate a health

maintenance organization, an accident and health insurance company, a nonprofit

health, hospital, or medical service corporation, or a fraternal benefit society and which

is not otherwise authorized pursuant to the laws of this state to offer limited health

services on a per capita or fixed prepayment basis may do so by filing for approval

with the commissioner the information requested by subsections 4, 5, 7, 8, 10, 11, 12,

and 15 of section 26.1-17.1-03 and any subsequent material modification or addition

thereto.

2. Following approval by the commissioner of the filing in subsection 1, and upon

application by the entity and surrender of its original certificate of authority, the

commissioner may issue a new certificate of authority under this chapter. The entity

will be subject to the capitalization requirements under its original certificate of

authority and the net equity and deposit provisions of section 26.1-17.1-17 do not

apply.

3. If the commissioner disapproves the filing, the procedures set forth in subsection 2 of

section 26.1-17.1-04 must be followed.
N.D. Cent. Code § 26.1-26-31 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-31
26.1-26-31. Term of license
Status: in_force

26.1-26-31. Term of license

A license issued under this chapter continues in force in perpetuity unless:

1. The license is suspended, revoked, or refused by the commissioner;

2. The licensee voluntarily consents to the suspension, revocation, or refusal of the

license;

3. The licensee dies or in the case of a business entity, the licensee is dissolved,

consolidated, merged, or otherwise has ceased to exist;

4. The licensee no longer meets the residence requirements of section 26.1-26-19;

5. The individual resident licensee fails to comply with continuing education requirements

of this chapter;

6. The individual licensee fails to file the biennial continuation and pay the fee;

7. The surplus lines insurance producer has failed to maintain a resident or nonresident

license as an insurance producer as required by section 26.1-26-17, or has failed to

pay the annual renewal fee to the commissioner; or

8. The insurance consultant has failed to pay the annual renewal fee to the

commissioner.
N.D. Cent. Code § 26.1-33-39 — ND Code / Title 26.1 / Chapter 26.1-33 / Section 26.1-33-39
26.1-33-39. Life policy - When payable
Status: in_force

26.1-33-39. Life policy - When payable

A life insurance policy may be made payable on the death of the insured or on the insured's

surviving a specified period, or periodically so long as the insured lives, or otherwise

contingently on the continuance or termination of life.
N.D. Cent. Code § 26.1-36-02 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-02
26.1-36-02. Accident and health insurance policy defined
Status: in_force

26.1-36-02. Accident and health insurance policy defined

"Accident and health insurance policy" includes any contract policy insuring against loss

resulting from sickness or bodily injury, or death by accident, or both.
N.D. Cent. Code § 26.1-51-05 — ND Code / Title 26.1 / Chapter 26.1-51 / Section 26.1-51-05
26.1-51-05. Submission to commissioner
Status: in_force

26.1-51-05. Submission to commissioner

1. Upon request of the commissioner, an insurer must submit an insurance compliance

self-critical analysis audit document to the commissioner, or the commissioner's

designee, as a confidential document under the provisions of section 26.1-03-19.4

without waiving the privilege set forth in this chapter to which the insurer would

otherwise be entitled. However, the provisions of sections 26.1-03-19.3 and

26.1-03-19.4 permitting the commissioner to make confidential documents public and

accessible to the national association of insurance commissioners does not apply to

the insurance compliance self-critical analysis audit documents voluntarily submitted.

To the extent the commissioner has the authority to compel the disclosure of an

insurance compliance self-critical analysis audit document under other provisions of

applicable law, any report furnished to the commissioner may not be provided to any

other person or entity and must be accorded the same confidentiality and other

protections as provided above for voluntarily submitted documents. Any use of an

insurance compliance self-critical analysis audit document furnished as a result of a

request of the commissioner, whether under a claim of authority to compel disclosure

or not, is limited to determining whether any disclosed defects in an insurer's policies

or procedures or inappropriate treatment of customers has been remedied or that an

appropriate plan for their remedy is in place. The commissioner may not impose any

type of administrative fine or penalty as to any area addressed or matter covered in an

insurance compliance self-critical analysis audit document furnished at the

commissioner's request, except when there is clear and convincing evidence that the

insurer failed to undertake reasonable corrective action, eliminate inappropriate

treatment of customers, or failed to implement an appropriate plan to rectify any

noncompliance with state and federal statutes, rules, and orders.

2. An insurer's insurance compliance self-critical analysis audit document submitted to

the commissioner remains subject to all applicable statutory or common-law privileges,

including the work product doctrine, attorney-client privilege, or the subsequent

remedial measures exclusion. An insurance compliance self-critical analysis audit

document submitted to and in the possession of the commissioner remains the

property of the insurer and is not subject to any disclosure or production under section

44-04-18.

3. Disclosure of an insurance compliance self-critical analysis audit document to a

governmental agency, whether voluntary or pursuant to compulsion of law, does not

constitute a waiver of the privilege with respect to any other person or any other

governmental agency.
N.D. Cent. Code § 26.1-26.8-17 — ND Code / Title 26.1 / Chapter 26.1-26.8 / Section 26.1-26.8-17
26.1-26.8-17. Rulemaking authority
Status: in_force

26.1-26.8-17. Rulemaking authority

The commissioner may adopt rules to carry out this chapter.
N.D. Cent. Code § 26.1-33-35 — ND Code / Title 26.1 / Chapter 26.1-33 / Section 26.1-33-35
26.1-33-35. Insurance in favor of corporation or limited liability company on life of corporate officer or employee or limited liability company manager or employee - Powers of corporation or limited liability company
Status: in_force

26.1-33-35. Insurance in favor of corporation or limited liability company on life of

corporate officer or employee or limited liability company manager or employee - Powers

of corporation or limited liability company.

Whenever a domestic corporation or limited liability company causes to be insured the life

of any director, officer, agent, or employee of the corporation or on the life of any governor,

manager, agent, or employee of the limited liability company, or whenever a domestic

corporation or limited liability company is named as a beneficiary in or assignee of any life

insurance policy, due authority to effect, assign, release, relinquish, convert, or surrender, or to

change the beneficiary in, the policy, or to take any other or different action with reference to,

the insurance, is sufficiently evidenced to the insurance company by a written statement to that

effect signed by the president and the secretary or other corresponding officers of the

corporation or limited liability company. The statement is binding upon the corporation or limited

liability company and protects the insurance company in any act done or suffered by it upon the

faith of the notice without further inquiry into the validity of the corporate authority or the

regularity of the corporate proceedings. No person may be disqualified, by reason of interest in

the subject matter, from acting as a director or as a member of the executive committee of the

corporation on any corporate act touching the insurance or from acting as a governor or as a

member of the executive committee of the limited liability company or any limited liability

company act touching the insurance.
N.D. Cent. Code § 26.1-02.1-10 — ND Code / Title 26.1 / Chapter 26.1-02.1 / Section 26.1-02.1-10
26.1-02.1-10. Other law enforcement or regulatory authority
Status: in_force

26.1-02.1-10. Other law enforcement or regulatory authority

This chapter does not:

1. Preempt the authority or relieve the duty of other law enforcement or regulatory

agencies to investigate, examine, and prosecute suspected violations of law;

2. Prevent or prohibit a person from disclosing voluntarily information concerning

insurance fraud to a law enforcement or regulatory agency other than the insurance

fraud unit; or

3. Limit the powers granted elsewhere by the laws of this state to the commissioner or

the insurance fraud unit to investigate and examine possible violations of law and to

take appropriate action against wrongdoers.
N.D. Cent. Code § 26.1-30-10 — ND Code / Title 26.1 / Chapter 26.1-30 / Section 26.1-30-10
26.1-30-10. Warranties - Form and scope
Status: in_force

26.1-30-10. Warranties - Form and scope

A warranty is either express or implied. No particular form of words is necessary to create a

warranty. It may relate to the past, present, or future, or to all of them.
N.D. Cent. Code § 26.1-26.7-03 — ND Code / Title 26.1 / Chapter 26.1-26.7 / Section 26.1-26.7-03
26.1-26.7-03. Requirements for sale of portable electronics insurance
Status: in_force

26.1-26.7-03. Requirements for sale of portable electronics insurance

1. At every location where portable electronics insurance is offered to customers, the

vendor shall make available to a prospective customer brochures or other written

materials that:

a. Disclose portable electronics insurance may provide a duplication of coverage

already provided by a customer's homeowner's insurance policy, renter's

insurance policy, or other source of coverage.

b. State the enrollment by the customer in a portable electronics insurance program

is not required in order to purchase or lease a portable electronic device or

services.

c. Summarize the material terms of the insurance coverage, including:

(1) The identity of the insurer;

(2) The amount of any applicable deductible and how the deductible is to be

paid;

(3) Benefits of the coverage; and

(4) Key terms and conditions of coverage, such as whether a portable

electronic device may be repaired or replaced with similar make and model

reconditioned or nonoriginal manufacturer parts or equipment.

d. Summarize the process for filing a claim, including a description of how to return

a portable electronic device and the maximum fee applicable in the event the

customer fails to comply with any equipment return requirements.

e. State an enrolled customer may cancel enrollment for coverage under a portable

electronics insurance policy at any time and the person paying the premium shall

receive a refund of any applicable unearned premium.

2. The written materials required by this section are not subject to filing or approval

requirements with the commissioner.

3. Portable electronics insurance may be offered on a month-to-month or other periodic

basis as a group or master commercial inland marine policy issued to a vendor of

portable electronic devices for the vendor's enrolled customers.

4. A policy of portable electronics insurance must provide primary coverage in the event

of a covered loss under more than one policy.

5. Eligibility and underwriting standards for customers electing to enroll in coverage must

be established for each portable electronics insurance program.
N.D. Cent. Code § 26.1-36-09.16 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-09.16
26.1-36-09.16. Health insurance benefits coverage - Insulin drug and supply out-of-pocket limitations
Status: in_force

26.1-36-09.16. Health insurance benefits coverage - Insulin drug and supply out-of-

pocket limitations.

1. As used in this section:

a. "Health benefit plan" has the same meaning as in section 26.1-36.3-01.

b. "Insulin drug" means a prescription drug that contains insulin and is used to treat

a form of diabetes mellitus. The term does not include an insulin pump, an

electronic insulin-administering smart pen, or a continuous glucose monitor, or

supplies needed specifically for the use of such electronic devices. The term

includes insulin in the following categories:

(1) Rapid-acting insulin;

(2) Short-acting insulin;

(3) Intermediate-acting insulin;

(4) Long-acting insulin;

(5) Premixed insulin product;

(6) Premixed insulin/GLP-1 RA product; and

(7) Concentrated human regular insulin.

c. "Medical supplies for insulin dosing and administration" means supplies needed

for proper insulin dosing, as well as supplies needed to detect or address medical

emergencies in an individual using insulin to manage diabetes mellitus. The term

does not include an insulin pump, an electronic insulin-administering smart pen,

or a continuous glucose monitor, or supplies needed specifically for the use of

such electronic devices. The term includes:

(1) Blood glucose meters;

(2) Blood glucose test strips;

(3) Lancing devices and lancets;

(4) Ketone testing supplies, such as urine strips, blood ketone meters, and

blood ketone strips;

(5) Glucagon, in injectable and nasal forms;

(6) Insulin pen needles; and

(7) Insulin syringes.

d. "Pharmacy or distributor" means a pharmacy or medical supply company, or

other medication or medical supply distributor filling a prescription.

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

organization may not deliver, issue, execute, or renew any health benefit plan unless

the health benefit plan provides benefits for insulin drug and medical supplies for

insulin dosing and administration which complies with this section.

3. The health benefit plan must limit out-of-pocket costs for a thirty-day supply of:

a. Covered insulin drugs, which may not exceed twenty-five dollars per pharmacy or

distributor, regardless of the quantity or type of insulin drug used to fill the

covered individual's prescription needs.

b. Covered medical supplies for insulin dosing and administration, the total of which

may not exceed twenty-five dollars per pharmacy or distributor, regardless of the

quantity or manufacturer of supplies used to fill the covered individual's

prescription needs.

4. The health benefit plan may not allow a pharmacy benefits manager or the pharmacy

or distributor to charge a covered individual, require the pharmacy or distributor to

collect from a covered individual, or require a covered individual to make a payment

for a covered insulin drug or medical supplies for insulin dosing and administration in

an amount exceeding the out-of-pocket limits under subsection 3.

5. The health benefit plan may not impose a deductible, copayment, coinsurance, or

other cost-sharing requirement that causes out-of-pocket costs for prescribed insulin

or medical supplies for insulin dosing and administration to exceed the amount under

subsection 3.

6. Subsection 3 does not require the health benefit plan to implement a particular cost-

sharing structure and does not prevent the limitation of out-of-pocket costs to less than

the amount specified under subsection 3. This section does not limit whether the

health benefit plan classifies an insulin pump, an electronic insulin-administering smart

pen, or a continuous glucose monitor as a drug or as a medical device or supply.

7. If application of subsection 3 would result in the ineligibility of a health benefit plan that

is a qualified high-deductible health plan to qualify as a health savings account under

section 223 of the Internal Revenue Code [26 U.S.C. 223], the requirements of

subsection 3 do not apply with respect to the deductible of the health benefit plan until

after the enrollee has met the minimum deductible under section 26 U.S.C. 223.

8. This section does not apply to the Medicare part D prescription drug coverage plan.
N.D. Cent. Code § 26.1-03-12 — ND Code / Title 26.1 / Chapter 26.1-03 / Section 26.1-03-12
26.1-03-12. Definition of product liability insurance
Status: repealed

26.1-03-12. Definition of product liability insurance

Repealed by S.L. 2003, ch. 245, § 4.
N.D. Cent. Code § 26.1-17-16 — ND Code / Title 26.1 / Chapter 26.1-17 / Section 26.1-17-16
26.1-17-16. Services of physicians, oral surgeons, dentists, and practitioners not participating under health service plan
Status: in_force

26.1-17-16. Services of physicians, oral surgeons, dentists, and practitioners not

participating under health service plan.

A medical service plan may provide for medical services to subscribers by physicians and

oral surgeons not participating under the plan, subject to the approval of the board of directors

of the health service corporation. A dental service plan may provide for dental services to

subscribers by dentists not participating under the plan, subject to the approval of the board of

directors of the health service corporation. An optometric service plan may provide for

optometric services to subscribers by practitioners not participating under the plan, subject to

the approval of the board of directors of the health service corporation.

When a subscriber patient is referred by a participating physician to a nonparticipating

physician, the health service corporation is to pay, without the approval of the board of directors

of the corporation, to the subscriber, upon proper filing of the claim, an amount equal to ninety

percent of the maximum amount which the corporation would be obligated to pay to a

participating physician for identical service. If a participating physician refers a patient to a

nonparticipating physician, the referring physician shall inform the patient that the physician to

whom the referral is being made is nonparticipating and this may result in the patient being

subject to charges greater than those to which the patient would be subject if the patient were

being treated by a participating provider. The health service corporation shall provide a listing of

all participating physicians to all participating physicians annually. The corporation shall provide

monthly updates of the listing of the nonparticipating providers.
N.D. Cent. Code § 26.1-27.1-02 — ND Code / Title 26.1 / Chapter 26.1-27.1 / Section 26.1-27.1-02
26.1-27.1-02. Licensing - Terms and fee - Application
Status: in_force

26.1-27.1-02. Licensing - Terms and fee - Application

1. A person may not establish or operate as a pharmacy benefits manager in this state

without first obtaining a license from the commissioner under this section. A person

violating this subsection is guilty of a class C felony.

2. A person applying for a pharmacy benefits manager license shall submit an application

to the commissioner. The commissioner shall make an application form available on its

website which includes a request for the following information:

a. The identity, address, electronic mail address, and telephone number of the

applicant;

b. The name, business address, electronic mail address, and telephone number of

the contact person for the applicant;

c. If applicable, the federal employer identification number for the applicant; and

d. Any other information the commissioner considers necessary and appropriate to

establish the qualifications to receive a license as a pharmacy benefits manager

to complete the licensure process.

3. The term of licensure is one year from April thirtieth through March thirty-first.

4. The pharmacy benefits manager shall pay an annual renewal fee no later than April

thirtieth.

5. The applicant shall submit the fee with the initial application or renewal application for

licensure. The initial application fee and renewal fee are nonrefundable.

6. Each application for a license, and subsequent renewal for a license, must be

accompanied by evidence of financial responsibility in an amount of one million

dollars.

7. Upon receipt of a completed application, evidence of financial responsibility, and fee,

the commissioner shall review each application and issue a license if the applicant is

qualified in accordance with the provisions of this section and the rules promulgated by

the commissioner under this section. The commissioner may require additional

information or submissions from an applicant and may obtain any documents or

information reasonably necessary to verify the information contained in the application.

8. The license may be in paper or electronic form. The license is nontransferable, and

must prominently list the expiration date.
N.D. Cent. Code § 26.1-48-04 — ND Code / Title 26.1 / Chapter 26.1-48 / Section 26.1-48-04
26.1-48-04. Stabilization of aftermarket risk insurance market
Status: in_force

26.1-48-04. Stabilization of aftermarket risk insurance market

1. An aviation manufacturer and a purchaser of an aircraft or aircraft component which

intend to be bound by North Dakota law must be covered by insurance that meets the

requirements of insurance laws of this state. The sales contract must include a dispute

resolution procedure for aftermarket risk contracts and insurance contracts.

2. An aftermarket risk insurance provider domiciled in this state may limit coverage to

include any caps and limitations permitted by law at the time of the first sale of the

product.

3. Upon resale of an aircraft or aircraft component, the purchaser agrees to purchase

insurance and the insurance carrier shall provide evidence of coverage. A default on

the insurance may reinstate, by contract, the lien back to the aviation manufacturer. An

aftermarket risk contract may include a requirement for removal of the aircraft or

aircraft component from service, consent to be governed by North Dakota law, and

purchase of additional passenger and public risk insurance coverage.

4. An aviation manufacturer or value-added reseller shall provide confidential access to

data necessary for actuarial analysis by aftermarket insurance carriers to assist in

maintaining a competitive insurance market with a choice of alternative carriers.
N.D. Cent. Code § 26.1-15.1-36 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-36
26.1-15.1-36. Penalties
Status: in_force

26.1-15.1-36. Penalties

1. Any person who willfully makes a false or fraudulent statement in or relating to an

application for membership or for the purpose of obtaining money from or a benefit in

any society is guilty of a class A misdemeanor.

2. Any person who willfully makes a false or fraudulent statement in any verified report or

declaration under oath required or authorized by this chapter or of any material fact or

thing contained in a sworn statement concerning the death or disability of an insured

for the purpose of procuring payment of a benefit named in the certificate is guilty of a

class C felony.

3. Any person who solicits membership for or in any manner assists in procuring

membership in any society not licensed to do business in this state is guilty of an

infraction.
N.D. Cent. Code § 26.1-36-28 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-28
26.1-36-28. Measure of indemnity in health policy
Status: in_force

26.1-36-28. Measure of indemnity in health policy

Unless the interest of a person insured is susceptible of exact pecuniary measurement, the

measure of indemnity under a health insurance policy is the sum fixed in the policy.
N.D. Cent. Code § 26.1-36-49 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-49
26.1-36-49. Short-term limited-duration health insurance plans
Status: repealed

26.1-36-49. Short-term limited-duration health insurance plans

Repealed by S.L. 2021, ch. 239, § 4.
N.D. Cent. Code § 26.1-45-01 — ND Code / Title 26.1 / Chapter 26.1-45 / Section 26.1-45-01
26.1-45-01. Definitions
Status: in_force

26.1-45-01. Definitions

In this chapter, unless the context requires otherwise:

1. "Applicant" means:

a. In the case of an individual long-term care insurance policy, the person who

seeks to contract for benefits.

b. In the case of a group long-term care insurance policy, the proposed certificate

holder.

2. "Certificate" means any certificate issued under a group long-term care insurance

policy that has been delivered or issued for delivery in this state.

3. "Group long-term care insurance" means a long-term care insurance policy that is

delivered or issued for delivery in this state to:

a. One or more employers or labor organizations, or to a trust or to the trustees of a

fund established by one or more employers or labor organizations, or a

combination thereof, for employees or former employees or a combination

thereof, or for members or former members or a combination thereof, of the labor

organizations.

b. Any professional, trade, or occupational association for its members or former or

retired members, or combination thereof, if the association:

(1) Is composed of individuals all of whom are or were actively engaged in the

same profession, trade, or occupation; and

(2) Has been maintained in good faith for purposes other than obtaining

insurance.

c. An association, a trust, or the trustee of a fund established, created, or

maintained for the benefit of members of one or more associations meeting the

requirements of section 26.1-45-02.

d. A group other than a group described in subdivision a, b, or c if the commissioner

finds that:

(1) The issuance of the group policy is not contrary to the best interest of the

public;

(2) The issuance of the group policy would result in economies of acquisition or

administration; and

(3) The benefits are reasonable in relation to the premiums charged.

4. "Long-term care insurance" means any insurance policy or rider primarily advertised,

marketed, offered, or designed to provide coverage for not less than twelve

consecutive months for each covered person on an expense incurred, indemnity,

prepaid, or other basis, for one or more necessary or medically necessary diagnostic,

preventive, therapeutic, rehabilitative, maintenance, or personal care services

provided in a setting other than an acute care unit of a hospital. The term includes

group and individual annuities and life insurance policies or riders, whether issued by

insurers, fraternal benefit societies, nonprofit health service corporations, prepaid

health plans, health maintenance organizations, or any similar entity, which provide

directly or which supplement long-term care insurance. The term also includes home

health care type insurance policies or riders which provide directly or which

supplement long-term care insurance; and includes a policy or rider which provides for

payment of benefits based upon cognitive impairment or the loss of functional capacity.

The term includes qualified long-term care insurance contracts. The term includes

long-term care insurance products issued by insurers; fraternal benefit societies;

nonprofit health, hospital, and medical service corporations; prepaid health plans;

health maintenance organizations; or a similar organization to the extent that the

organization is otherwise authorized to issue life or health insurance. The term does

not include any insurance policy that is offered primarily to provide basic Medicare

supplement coverage, basic hospital expense coverage, basic medical-surgical

expenses coverage, hospital confinement indemnity coverage, major medical expense

coverage, disability income or related asset-protection coverage, accident only

coverage, specified disease or specified accident coverage, or limited benefit health

coverage. With regard to life insurance, this term does not include life insurance

policies which accelerate the death benefit specifically for one or more of the qualifying

events of terminal illness, medical conditions requiring extraordinary medical

intervention, or permanent institutional confinement, and which provide the option of a

lump sum payment for those benefits and in which neither the benefits nor the

eligibility for the benefits is conditioned upon the receipt of long-term care.

Notwithstanding any other provision contained herein, any product advertised,

marketed, or offered as a long-term care insurance is subject to the provisions of this

chapter.

5. "Policy" means any policy, contract, subscriber agreement, rider, or endorsement

delivered or issued for delivery in this state by an insurer, fraternal benefit society,

nonprofit health, hospital, or medical service corporation, prepaid health plan, health

maintenance organization, or any similar entity.

6. a. "Qualified long-term care insurance contract" or "federally tax-qualified long-term

care insurance contract" means an individual or group insurance contract that

meets the requirements of section 7702B(b) of the Internal Revenue Code of

1986, as amended, as follows:

(1) The only insurance protection provided under the contract is coverage of

qualified long-term care services. A contract satisfies the requirements of

this paragraph even if payments are made on a per diem or other periodic

basis without regard to the period in which the expenses are incurred;

(2) The contract does not pay or reimburse expenses incurred for services or

items to the extent that the expenses are reimbursable under title XVIII of

the Social Security Act, as amended, or would be so reimbursable but for

the application of a deductible or coinsurance amount. The requirements of

this paragraph do not apply to expenses that are reimbursable under title

XVIII of the Social Security Act only as a secondary payer. A contract

satisfies the requirements of this paragraph even if payments are made on a

per diem or other periodic basis without regard to the period in which the

expenses are incurred;

(3) The contract is guaranteed renewable, within the meaning of section

7702B(b)(1)(c) of the Internal Revenue Code of 1986, as amended;

(4) The contract does not provide for a cash surrender value or other money

that can be paid, assigned, pledged as collateral for a loan, or borrowed

except as provided in paragraph 5;

(5) All refunds of premiums and all policyholder dividends or similar amounts

under the contract are to be applied as a reduction in future premiums or to

increase future benefits, except that a refund on the event of death of the

insured or a complete surrender or cancellation of the contract cannot

exceed the aggregate premiums paid under the contract; and

(6) The contract meets the consumer protection provisions set forth in section

7702B(g) of the Internal Revenue Code of 1986, as amended.

b. "Qualified long-term care insurance contract" or "federally tax-qualified long-term

care insurance contract" also means the portion of a life insurance contract that

provides long-term care insurance coverage by rider or as part of the contract

and that satisfies the requirements of sections 7702B(b) and (e) of the Internal

Revenue Code of 1986, as amended.
N.D. Cent. Code § 26.1-02.1-04 — ND Code / Title 26.1 / Chapter 26.1-02.1 / Section 26.1-02.1-04
26.1-02.1-04. Immunity
Status: in_force

26.1-02.1-04. Immunity

1. A person when acting without malice is not subject to liability by virtue of filing reports,

or furnishing orally or in writing other information concerning any suspected,

anticipated, or completed fraudulent insurance act, when the reports or information are

provided to or received from the commissioner; federal, state, or local law enforcement

or regulatory officials; the national association of insurance commissioners; or any

other not-for-profit organization established to detect and prevent insurance fraud and

any employee or agent of any of these entities.

2. Except in prosecution for perjury or insurance fraud, and in the absence of malice, an

insurer, or any officer, employee, or agent thereof, or any licensed insurance producer

or private person who cooperates with, furnishes evidence, or provides or receives

information regarding any suspected fraudulent insurance act to or from the

commissioner; federal, state, or local law enforcement or regulatory officials; the

national association of insurance commissioners; or any not-for-profit organization

established to detect and prevent fraudulent insurance acts and any employee or

agent of any of these entities who complies with an order issued by a court of

competent jurisdiction acting in response to a request by any of these entities to

provide evidence or testimony is not subject to a criminal proceeding or to a civil

penalty with respect to any act concerning which the person testifies to or produces

relevant matter.

3. In the absence of malice, an insurer, or any officer, employee, or agent thereof, or any

licensed insurance producer or private person who cooperates with, furnishes

evidence, or provides information regarding any suspected fraudulent insurance act to

the commissioner; federal, state, or local law enforcement or regulatory officials; the

national association of insurance commissioners; or any not-for-profit organization

established to detect and prevent fraudulent insurance acts and any employee or

agent of any of these entities who complies with an order issued by a court of

competent jurisdiction acting in response to a request by any of these entities to

furnish evidence or provide testimony, is not subject to civil liability for libel, slander, or

any other relevant tort, and no civil cause of action of any nature exists against the

person, for filing reports, providing information, or otherwise cooperating with an

investigation or examination of any of these entities.

4. The commissioner; federal, state, or local law enforcement or regulatory officials; the

national association of insurance commissioners; or any not-for-profit organization

established to detect and prevent fraudulent insurance acts and any employee or

agent of any of these entities, when acting without malice is not subject to civil liability

for libel, slander, or any other relevant tort, and no civil cause of action of any nature

will lie against the person by virtue of the execution of official activities or duties of the

entity by virtue of the publication of any report or bulletin related to the official activities

or duties of the entity.

5. This section does not abrogate or modify in any way common law or statutory privilege

or immunity heretofore enjoyed by any person or entity.
N.D. Cent. Code § 26.1-29-21 — ND Code / Title 26.1 / Chapter 26.1-29 / Section 26.1-29-21
26.1-29-21. Matters of opinion need not be disclosed
Status: in_force

26.1-29-21. Matters of opinion need not be disclosed

Neither party to an insurance contract is bound to communicate, even upon inquiry,

information of the party's own judgment upon the matters in question.
N.D. Cent. Code § 26.1-33-32 — ND Code / Title 26.1 / Chapter 26.1-33 / Section 26.1-33-32
26.1-33-32. Effect of life policy simplification standards on filed policies
Status: in_force

26.1-33-32. Effect of life policy simplification standards on filed policies

Sections 26.1-33-29 through 26.1-33-31 do not negate any law of this state permitting the

issuance of a policy form after it has been on file for the required time period and has not been

disapproved by the commissioner.
N.D. Cent. Code § 26.1-36-32 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-32
26.1-36-32. Standards for Medicare supplement policies
Status: repealed

26.1-36-32. Standards for Medicare supplement policies

Repealed by S.L. 1991, ch. 304, § 14.
N.D. Cent. Code § 26.1-41-19 — ND Code / Title 26.1 / Chapter 26.1-41 / Section 26.1-41-19
26.1-41-19. Limitation of actions
Status: in_force

26.1-41-19. Limitation of actions

1. If no basic or optional excess no-fault benefits have been paid for loss, an action for

the benefits may be commenced not later than two years after the injured person

suffers the loss and either knows, or in the exercise of reasonable diligence should

know, that the loss was caused by the accident, or not later than four years after the

accident, whichever is earlier. If basic or optional excess no-fault benefits have been

paid for loss, an action for recovery of further benefits for the loss by either the same

or another claimant may be commenced not later than four years after the last

payment of benefits.

2. If no basic or optional excess no-fault benefits have been paid to the decedent or

dependent survivors, an action for benefits for survivors' income loss and replacement

services loss and funeral and burial expenses may be commenced not later than two

years after the death or six years after the accident from which death results,

whichever is earlier. If survivors' income loss and replacement services loss benefits

have been paid to any dependent survivor, an action for recovery of further survivors'

income loss or replacement services loss benefits by either the same or another

claimant may be commenced not later than six years after the last payment of

benefits. If basic or optional excess no-fault benefits have been paid for loss suffered

by an injured person before the injured person's death resulting from the injury, an

action for recovery of survivors' income loss or replacement services loss benefits may

be commenced not later than two years after the death or six years after the last

payment of benefits, whichever is earlier.

3. Except as subsection 1 or 2 prescribes a longer period, an action by a claimant on an

assigned claim which has been timely presented may be commenced not later than

sixty days after the claimant received written notice of rejection of the claim by the

basic no-fault insurer to which it was assigned.

4. The time period limitations prescribed in this section govern all actions for basic and

optional excess no-fault benefits under this chapter notwithstanding any limitation

prescribed elsewhere in the laws of this state.
N.D. Cent. Code § 26.1-36.11-01 — ND Code / Title 26.1 / Chapter 26.1-36.11 / Section 26.1-36.11-01
26.1-36.11-01. Definitions
Status: in_force

26.1-36.11-01. Definitions

For the purposes of this chapter, unless the context otherwise requires:

1. a. "Comprehensive medication management" means medication management

pursuant to a standard of care that ensures each enrollee's medications, both

prescription and nonprescription, are individually assessed to determine each

medication is appropriate for the enrollee, effective for the medical condition, and

safe, given the comorbidities and other medications being taken and able to be

taken by the enrollee as intended. Services provided in comprehensive

medication management are, as follows:

(1) Performing or obtaining necessary assessments of the enrollee's health

status;

(2) Formulating a medication treatment plan;

(3) Monitoring and evaluating the enrollee's response to therapy, including

safety and effectiveness;

(4) Performing a comprehensive medication review to identify, resolve, and

prevent medication-related problems, including adverse drug events;

(5) Providing verbal or written, or both, counseling, education, and training

designed to enhance enrollee understanding and appropriate use of the

enrollee's medications;

(6) Providing information, support services, and resources designed to enhance

enrollee adherence with the enrollee's therapeutic regimens;

(7) Coordinating and integrating medication therapy management services

within the broader health care management services being provided to the

enrollee;

(8) Initiating or modifying drug therapy under a collaborative agreement with a

practitioner in accordance with section 43-15-31.4;

(9) Prescribing medications pursuant to protocols approved by the state board

of pharmacy in accordance with subsection 24 of section 43-15-10;

(10) Administering medications in accordance with requirements in section

43-15-31.5; and

(11) Ordering, performing, and interpreting laboratory tests authorized under

chapter 43-15 and North Dakota Administrative Code section 61-04-10-06.

b. This subsection may not be construed to expand or modify pharmacist scope of

practice.

2. "Enrollee" means an individual covered under a health benefit plan.

3. "Health benefit plan" has the same meaning as provided in section 26.1-36.3-01,

whether offered on a group or individual basis.

4. "Health carrier" or "carrier" has the same meaning as provided in section 26.1-36.3-01.
N.D. Cent. Code § 26.1-42.1-08 — ND Code / Title 26.1 / Chapter 26.1-42.1 / Section 26.1-42.1-08
26.1-42.1-08. Effect of paid claims
Status: in_force

26.1-42.1-08. Effect of paid claims

1. Any person recovering under this chapter is deemed to have assigned that person's

rights under the policy to the association to the extent of recovery from the association.

Every insured or claimant seeking the protection of this chapter shall cooperate with

the association to the same extent as that insured or claimant would have been

required to cooperate with the insolvent insurer. The association does not have a claim

for relief against the insured of the insolvent insurer for any sums the association paid

out except for claims for relief the insolvent insurer would have had if the sums had

been paid by the insolvent insurer and except as provided in subsection 2. In the case

of an insolvent insurer operating on a plan with assessment liability, payments of

claims of the association do not reduce the liability of the insureds to the receiver,

liquidator, or statutory successor for unpaid assessments.

2. The association may recover from the following persons the amount of any covered

claim paid on behalf of that person pursuant to this chapter:

a. Any insured whose net worth on December thirty-first of the year immediately

preceding the date the insurer becomes an insolvent insurer exceeds twenty-five

million dollars and whose liability obligations to other persons are satisfied in

whole or in part by payments made under this chapter;

b. Any person who is an affiliate of the insolvent insurer and whose liability

obligations to other persons are satisfied in whole or in part by payments made

under this chapter; and

c. Any insured who is not a resident of this state at the time of the insured event,

except for first-party covered claims for property damage to an insured's property

that is permanently located in this state.

3. The association and any similar organization in another state are recognized as

claimants in the liquidation of an insolvent insurer for any amounts paid by the

association or similar organization on covered claims obligations as determined under

this chapter or similar laws in other states and receive dividends and any other

distributions at the priority set forth in section 26.1-06.1-41. The receiver, liquidator, or

statutory successor of an insolvent insurer is bound by determinations of covered

claim eligibility under this chapter and by settlements of claims made by the

association or a similar organization in another state. The court with jurisdiction shall

grant these claims priority equal to that which the claimant would have been entitled in

the absence of this chapter against the assets of the insolvent insurer.

4. The association shall periodically file with the receiver or liquidator of the insolvent

insurer statements of the covered claims paid by the association and estimates of

anticipated claims on the association which preserve the rights of the association

against the assets of the insolvent insurer.
N.D. Cent. Code § 26.1-40-15.7 — ND Code / Title 26.1 / Chapter 26.1-40 / Section 26.1-40-15.7
26.1-40-15.7. General provisions
Status: in_force

26.1-40-15.7. General provisions

1. After selection of limits by a named insured or applicant for insurance, the insurer or

any of its affiliates is not required to notify any insured in any renewal, reinstatement,

substitute, amended, or replacement policy as to the availability of optional limits. Such

selection by a named insured or an applicant is valid for all insureds under the policy.

The insured may make, subject to the limitations expressed in sections 26.1-40-15.1

through 26.1-40-15.7, a request for additional coverage or coverage more extensive

than that provided on a prior policy.

2. No insurer is required to offer, provide, or make available coverage conforming to

sections 26.1-40-15.1 through 26.1-40-15.7 in connection with any excess policy,

umbrella policy, or any other policy which does not provide primary motor vehicle

insurance for liabilities arising out of the ownership, maintenance, operation, or use of

a specifically insured motor vehicle.

3. Notwithstanding any other provision of sections 26.1-40-15.1 through 26.1-40-15.7, an

insurer may make underinsured motorist coverage a part of uninsured motorist

coverage.

4. Notwithstanding any other provision of sections 26.1-40-15.1 through 26.1-40-15.7 or

other laws of this state, a motor vehicle liability insurance policy may provide as to

uninsured and underinsured motorist coverage, that any dispute with respect to issues

of liability and damages may be submitted to binding arbitration if both parties agree.

Such policy may also provide that coverage questions are not subject to arbitration.

5. Nothing in sections 26.1-40-15.1 through 26.1-40-15.7 may be construed to prevent an

insurer from offering, making available, or providing coverage terms and conditions

more favorable to its insured or limits higher than are required by sections

26.1-40-15.1 through 26.1-40-15.7.
N.D. Cent. Code § 26.1-22-19 — ND Code / Title 26.1 / Chapter 26.1-22 / Section 26.1-22-19
26.1-22-19. Repair or replacement of destroyed buildings
Status: repealed

26.1-22-19. Repair or replacement of destroyed buildings

Repealed by S.L. 2025, ch. 275, § 17.
N.D. Cent. Code § 26.1-45-08 — ND Code / Title 26.1 / Chapter 26.1-45 / Section 26.1-45-08
26.1-45-08. Loss ratio standards
Status: in_force

26.1-45-08. Loss ratio standards

The commissioner may adopt or amend rules establishing loss ratio standards for long-term

care insurance policies; provided, that a specific reference to long-term care insurance policies

is contained in the rules.
N.D. Cent. Code § 26.1-17.1-20 — ND Code / Title 26.1 / Chapter 26.1-17.1 / Section 26.1-17.1-20
26.1-17.1-20. Suspension or revocation of certificate of authority
Status: in_force

26.1-17.1-20. Suspension or revocation of certificate of authority

1. The commissioner may suspend or revoke the certificate of authority issued to a

prepaid limited health service organization pursuant to this chapter upon determining

that any of the following conditions exist:

a. The prepaid limited health service organization is operating significantly in

contravention of its basic organizational document or in a manner contrary to that

described in and reasonably inferred from any other information submitted

pursuant to section 26.1-17.1-03, unless amendments to such submissions have

been filed and authorized pursuant to section 26.1-17.1-07.

b. The prepaid limited health service organization issues an evidence of coverage or

uses rates or charges which do not comply with the requirements of sections

26.1-17.1-08 and 26.1-17.1-09.

c. The prepaid limited health service organization is unable to fulfill its obligations to

furnish limited health services.

d. The prepaid limited health service organization is not financially responsible and

may reasonably be expected to be unable to meet its obligations to enrollees or

prospective enrollees.

e. The tangible net equity of the prepaid limited health service organization is less

than that required by section 26.1-17.1-17 or the prepaid limited health service

organization has failed to correct any deficiency in its tangible net equity as

required by the commissioner.

f. The prepaid limited health service organization has failed to implement in a

reasonable manner the complaint system required by section 26.1-17.1-12.

g. The continued operation of the prepaid limited health service organization would

be hazardous to its enrollees.

h. The prepaid limited health service organization has otherwise failed to comply

with this chapter.

2. If the commissioner has cause to believe that grounds for the suspension or

revocation of a certificate of authority exist, the commissioner shall notify the prepaid

limited health service organization in writing specifically stating the grounds for

suspension or revocation and fixing a time not more than sixty days thereafter for a

hearing on the matter in accordance with chapter 28-32.

3. When the certificate of authority of a prepaid limited health service organization is

revoked, such organization shall proceed, immediately following the effective date of

the order of revocation, to wind up its affairs, and shall conduct no further business

except as may be essential to the orderly conclusion of the affairs of such

organization. It shall engage in no further advertising or solicitation whatsoever. The

commissioner may, by written order, permit such further operation of the organization

as the commissioner may find to be in the best interest of the enrollees, to the end that

the enrollees will be afforded the greatest practical opportunity to obtain continuing

limited health services.
N.D. Cent. Code § 26.1-18.1-08 — ND Code / Title 26.1 / Chapter 26.1-18.1 / Section 26.1-18.1-08
26.1-18.1-08. Annual report
Status: in_force

26.1-18.1-08. Annual report

1. Every domestic health maintenance organization shall annually, on or before March

first, and every foreign health maintenance organization shall annually, on or before

the date that its annual report is due in its domestic state, file a report verified by at

least two principal officers with the commissioner, covering the preceding calendar

year. The report must be on forms prescribed by the commissioner. In addition, the

domestic health maintenance organization shall file by March first, and every foreign

health maintenance organization shall file annually, on or before the date that its

annual report is due in its domestic state, unless otherwise stated:

a. Audited financial statements on or before June first.

b. A list of the providers who have executed a contract that complies with

subdivision a of subsection 4 of section 26.1-18.1-12.

c. (1) A description of the grievance procedures.

(2) The total number of grievances handled through the procedures, a

compilation of the causes underlying those grievances, and a summary of

the final disposition of those grievances.

2. The commissioner may require additional reports as are deemed necessary and

appropriate to enable the commissioner to carry out the commissioner's duties under

this chapter. The commissioner may waive the filing of the annual report and other

information for a health maintenance organization that has discontinued its operation

in this state.

3. The commissioner may designate the national association of insurance commissioners

as the repository for the filing of the annual report.
N.D. Cent. Code § 26.1-18.1-11 — ND Code / Title 26.1 / Chapter 26.1-18.1 / Section 26.1-18.1-11
26.1-18.1-11. Investments
Status: in_force

26.1-18.1-11. Investments

With the exception of investments made in accordance with subdivision a of subsection 1 of

section 26.1-18.1-04, the funds of a health maintenance organization may be invested only in

those investments authorized to be made by domestic insurance companies of this state.
N.D. Cent. Code § 26.1-26.6-08 — ND Code / Title 26.1 / Chapter 26.1-26.6 / Section 26.1-26.6-08
26.1-26.6-08. Maximum commission or fee - Mileage
Status: in_force

26.1-26.6-08. Maximum commission or fee - Mileage

A bail bond agent may not charge a premium, commission, or fee for a bond in an amount

more than twenty percent of the amount of bail furnished by the bail bond agent, or one hundred

fifty dollars, whichever is greater. In addition to the premium, commission, or fee charged under

this section, a bail bond agent may charge for mileage reimbursement, which may not exceed

mileage reimbursement rates provided for state employees under section 54-06-09.
N.D. Cent. Code § 26.1-40-15 — ND Code / Title 26.1 / Chapter 26.1-40 / Section 26.1-40-15
26.1-40-15. Rights of insurer making payments under uninsured or underinsured motorist coverage
Status: repealed

26.1-40-15. Rights of insurer making payments under uninsured or underinsured

motorist coverage.

Repealed by S.L. 1989, ch. 375, § 8.
N.D. Cent. Code § 26.1-53.1-12 — ND Code / Title 26.1 / Chapter 26.1-53.1 / Section 26.1-53.1-12
26.1-53.1-12. Duration of suspension - Conditions for reinstatement
Status: in_force

26.1-53.1-12. Duration of suspension - Conditions for reinstatement

The commissioner shall, in the commissioner's order suspending the authority of the

discount plan organization to enroll new members, specify the period during which the

suspension is to be in effect and the conditions, if any, that must be met by the discount plan

organization before reinstatement of the organization's registration to enroll members. The

commissioner may rescind or modify the order of suspension before the expiration of the

suspension period. Registration of a discount plan organization may not be reinstated unless

requested by the discount plan organization. The commissioner may not grant the request for

reinstatement if the commissioner finds the circumstances for which the suspension occurred

still exist or are likely to continue.
N.D. Cent. Code § 26.1-15.1-13 — ND Code / Title 26.1 / Chapter 26.1-15.1 / Section 26.1-15.1-13
26.1-15.1-13. Reinsurance
Status: in_force

26.1-15.1-13. Reinsurance

1. A domestic society may by reinsurance agreement cede any individual risk or risks in

whole or in part to an insurer, other than another fraternal benefit society, having the

power to make reinsurance and authorized to do business in this state, or if not so

authorized, one which is approved by the commissioner, but no society may reinsure

substantially all of its insurance in force without first obtaining the written permission of

the commissioner. A society may take credit for the reserves on such ceded risks to

the extent reinsured, but no credit may be allowed as an admitted asset or as a

deduction from liability to a ceding society for reinsurance made, ceded, renewed, or

otherwise becoming effective after December 31, 1987, unless the reinsurance is

payable by the assuming insurer on the basis of the liability of the ceding society under

the contract or contracts reinsured without diminution because of the insolvency of the

ceding society.

2. Notwithstanding the limitation in subsection 1, a society may reinsure the risks of

another society in a consolidation or merger approved by the commissioner under

section 26.1-15.1-14.
N.D. Cent. Code § 26.1-26-15.1 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-15.1
26.1-26-15.1. Prelicensure education
Status: repealed

26.1-26-15.1. Prelicensure education

Repealed by S.L. 2001, ch. 262, § 136.
N.D. Cent. Code § 26.1-03.1-13 — ND Code / Title 26.1 / Chapter 26.1-03.1 / Section 26.1-03.1-13
26.1-03.1-13. Phasein provision
Status: in_force

26.1-03.1-13. Phasein provision

1. For risk-based capital reports required to be filed by life insurers with respect to 1993,

the following requirements apply in lieu of the provisions of sections 26.1-03.1-03,

26.1-03.1-04, 26.1-03.1-05, and 26.1-03.1-06:

a. In the event of a company action level event with respect to a domestic insurer,

the commissioner may take no regulatory action hereunder.

b. In the event of a regulatory action level event under subdivision a, b, or c of

subsection 1 of section 26.1-03.1-04, the commissioner shall take the actions

required under section 26.1-03.1-03.

c. In the event of a regulatory action level event under subdivision d, e, f, g, h, or i of

subsection 1 of section 26.1-03.1-04 or an authorized control level event, the

commissioner shall take the actions required under section 26.1-03.1-04 with

respect to the insurer.

d. In the event of a mandatory control level event with respect to an insurer, the

commissioner shall take the actions required under section 26.1-03.1-05 with

respect to the insurer.

2. For risk-based capital reports required to be filed by property and casualty insurers

with respect to 1994, the following requirements apply in lieu of the provisions of

sections 26.1-03.1-03, 26.1-03.1-04, 26.1-03.1-05, and 26.1-03.1-06:

a. In the event of a company action level event with respect to a domestic insurer,

the commissioner shall take no regulatory action hereunder.

b. In the event of a regulatory action level event under subdivision a, b, or c of

subsection 1 of section 26.1-03.1-04, the commissioner shall take the actions

required under section 26.1-03.1-03.

c. In the event of a regulatory action level event under subdivision d, e, f, g, h, or i of

subsection 1 of section 26.1-03.1-04 or an authorized control level event, the

commissioner shall take the action required under section 26.1-03.1-04 with

respect to the insurer.

d. In the event of a mandatory control level event with respect to an insurer, the

commissioner shall take the actions required under section 26.1-03.1-05 with

respect to the insurer.
N.D. Cent. Code § 26.1-26-44 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-44
26.1-26-44. Notification of suspension, revocation, or refusal - Duty of commissioner
Status: in_force

26.1-26-44. Notification of suspension, revocation, or refusal - Duty of commissioner

The commissioner shall promptly notify all appointing insurers, when applicable, and the

licensee regarding any suspension, revocation, or refusal of a license by the commissioner.

Upon suspension, revocation, or refusal of the license of a resident of this state, the

commissioner shall notify the central office of the national association of insurance

commissioners.
N.D. Cent. Code § 26.1-26.8-07 — ND Code / Title 26.1 / Chapter 26.1-26.8 / Section 26.1-26.8-07
26.1-26.8-07. Examination
Status: in_force

26.1-26.8-07. Examination

1. An individual applying for a resident public adjuster license shall pass a written

examination, unless exempt pursuant to section 26.1-26.8-08. The examination must

test the individual's knowledge concerning the duties and responsibilities of a public

adjuster and the insurance laws and regulations of this state and be conducted as

prescribed by the commissioner.

2. The commissioner may make arrangements, including contracting with an outside

testing service, for administering the written examination required pursuant to

subsection 1 and collecting the nonrefundable fee as prescribed by the commissioner

as set forth in section 26.1-01-07.

3. An individual applying for examination shall remit a nonrefundable fee as prescribed

by the commissioner as set forth in section 26.1-01-07.

4. An individual who fails to appear for the examination as scheduled or fails to pass the

examination may reapply for an examination if the individual remits all required fees

and forms before being rescheduled for another examination.
N.D. Cent. Code § 26.1-39.2-08 — ND Code / Title 26.1 / Chapter 26.1-39.2 / Section 26.1-39.2-08
26.1-39.2-08. Rulemaking authority
Status: in_force

26.1-39.2-08. Rulemaking authority

The commissioner may adopt rules to carry out this chapter.
N.D. Cent. Code § 26.1-18.1-06 — ND Code / Title 26.1 / Chapter 26.1-18.1 / Section 26.1-18.1-06
26.1-18.1-06. Quality assurance program
Status: in_force

26.1-18.1-06. Quality assurance program

1. The health maintenance organization shall establish procedures to assure that the

health care services provided to enrollees will be rendered under reasonable

standards of quality of care consistent with prevailing professionally recognized

standards of medical practice. The procedures must include mechanisms to assure

availability, accessibility, and continuity of care.

2. The health maintenance organization must have an ongoing internal quality assurance

program to monitor and evaluate its health care services, including primary and

specialist physician services, and ancillary and preventive health care services, across

all institutional and noninstitutional settings. The program must include, at a minimum,

the following:

a. A written statement of goals and objectives which emphasizes improved health

status in evaluating the quality of care rendered to enrollees.

b. A written quality assurance plan which describes the following:

(1) The health maintenance organization's scope and purpose in quality

assurance.

(2) The organizational structure responsible for quality assurance activities.

(3) Contractual arrangements, when appropriate, for delegation of quality

assurance activities.

(4) Confidentiality policies and procedures.

(5) A system of ongoing evaluation activities.

(6) A system of focused evaluation activities.

(7) A system for credentialing providers and performing peer review activities.

(8) Duties and responsibilities of the designated physician responsible for the

quality assurance activities.

c. A written statement describing the system of ongoing quality assurance activities,

including:

(1) Problem assessment, identification, selection, and study.

(2) Corrective action, monitoring, evaluation, and reassessment.

(3) Interpretation and analysis of patterns of care rendered to individual patients

by individual providers.

d. A written statement describing the system of focused quality assurance activities

based on representative samples of the enrolled population which identifies

method of topic selection, study, data collection, analysis, interpretation, and

report format.

e. Written plans for taking appropriate corrective action whenever, as determined by

the quality assurance program, inappropriate or substandard services have been

provided or services which should have been furnished have not been provided.

3. The organization shall record proceedings of formal quality assurance program

activities and maintain documentation in a confidential manner. Quality assurance

program minutes must be available to the commissioner.

4. The organization shall ensure the use and maintenance of an adequate patient record

system which will facilitate documentation and retrieval of clinical information for the

purpose of the health maintenance organization evaluating continuity and coordination

of patient care and assessing the quality of health and medical care provided to

enrollees.

5. Enrollee clinical records must be available to the commissioner or an authorized

designee for examination and review to ascertain compliance with this section, or as

deemed necessary by the commissioner. The clinical records are confidential and are

not subject to section 44-04-18, except upon written consent for disclosure by the

enrollee or the enrollee's authorized representative.

6. The organization shall establish a mechanism for periodic reporting of quality

assurance program activities to the governing body, providers, and appropriate

organization staff.
N.D. Cent. Code § 26.1-36-13 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-13
26.1-36-13. Applicability of accident and health policy simplification standards
Status: in_force

26.1-36-13. Applicability of accident and health policy simplification standards

1. Except as provided in subsection 3, sections 26.1-36-13 through 26.1-36-16 apply to

all individual and group accident and health insurance contracts, policies, plans, or

agreements, insurance certificates under group accident and health insurance policies,

and disability benefit certificates issued by fraternal benefit societies filed after June

30, 1982. No policy may be delivered or issued for delivery in this state after June 30,

1986, unless approved by the commissioner or permitted to be issued under sections

26.1-36-13 through 26.1-36-16. Any policy form that has been approved or permitted

to be issued prior to July 1, 1986, and that meets the standards set by sections

26.1-36-13 through 26.1-36-16 need not be refiled for approval, but may continue to

be delivered or issued for delivery in this state upon the filing with the commissioner of

a list of the forms identified by form number and accompanied by a certificate as to

each such form in the manner provided in subsection 6 of section 26.1-36-14.

2. The commissioner may extend the dates in subsection 1.

3. Sections 26.1-36-13 through 26.1-36-16 do not apply to:

a. A policy that is a security subject to federal jurisdiction.

b. Any group policy covering a group of one thousand or more lives at date of issue.

However, this does not except any certificate issued pursuant to a group policy

delivered or issued for delivery in this state.

c. A form used in connection with, as a conversion from, as an addition to, or in

exchange pursuant to a contractual provision for, a policy delivered or issued for

delivery on a form approved or permitted to be issued prior to the dates such

forms must be approved under sections 26.1-36-13 through 26.1-36-16.

d. The renewal of a policy delivered or issued for delivery prior to the dates the

forms must be approved under sections 26.1-36-13 through 26.1-36-16.

4. No other state law setting language simplification standards applies to a policy form.
N.D. Cent. Code § 26.1-16-07 — ND Code / Title 26.1 / Chapter 26.1-16 / Section 26.1-16-07
26.1-16-07. Articles of incorporation - Filing - Approval - Deposit required - Authority to solicit
Status: in_force

26.1-16-07. Articles of incorporation - Filing - Approval - Deposit required - Authority

to solicit.

The articles of incorporation must be submitted to the commissioner who shall examine the

articles to ascertain whether they comply with all applicable requirements of the law. After the

articles have been approved by the commissioner, they must be filed in the office of the

secretary of state, and a certified copy must be filed with the commissioner. The society shall

deposit with the commissioner United States government bonds, United States treasury

certificates, bonds of the state of North Dakota, or certificates of deposit of the Bank of North

Dakota in the amount of at least two hundred fifty dollars. Upon filing the certified copy of its

articles and making the deposit, the society may solicit and secure the necessary preliminary

members as the basis for the issuance to it of a certificate of authority. The solicitation of such

members, however, must be conducted in accordance with any applicable rules adopted by the

commissioner.
N.D. Cent. Code § 26.1-01-02 — ND Code / Title 26.1 / Chapter 26.1-01 / Section 26.1-01-02
26.1-01-02. Commissioner - Seal - Employment of deputy and assistants
Status: in_force

26.1-01-02. Commissioner - Seal - Employment of deputy and assistants

The commissioner shall have an official seal and shall keep an impression of the seal on file

in the office of the secretary of state. The commissioner shall employ a deputy and other

competent officials and clerks to discharge the duties assigned by the commissioner. When the

commissioner is absent temporarily from the office, the deputy commissioner may sign the

commissioner's name and perform any other statutory duties pertaining to the office.
N.D. Cent. Code § 26.1-41-12 — ND Code / Title 26.1 / Chapter 26.1-41 / Section 26.1-41-12
26.1-41-12. Discovery of facts about an injured person
Status: in_force

26.1-41-12. Discovery of facts about an injured person

1. Every employer or claimant, if a written request is made by a basic no-fault insurer

against whom a claim has been made, shall furnish forthwith, in a form approved by

the insurance commissioner, a sworn statement of the earnings, since the time of the

accidental bodily injury and for a twelve-month period before the injury, of the

individual upon whose injury the claim is based.

2. Every physician, coroner or medical officer, hospital, clinic, or other medical institution

providing, before or after an accidental bodily injury upon which a claim for basic or

optional excess no-fault benefits is based, any products, services, or accommodations

in relation to the injury, or in relation to a condition claimed to be connected with the

injury, if requested in writing to do so by the basic no-fault insurer against whom the

claim has been made, shall:

a. Promptly furnish a written report of the history, condition, treatment, and dates

and costs of treatment.

b. Permit the inspection and copying of its records regarding the history, condition,

treatment, and dates and costs of treatment.

c. Promptly furnish autopsy reports.

3. In the event of any dispute regarding a basic no-fault insurer's right to discovery of

facts about an injured person's earnings or about history, condition, treatment, and

dates and costs of such treatment, a court of record may enter an order for such

discovery as justice requires.

4. A person may not charge more than twenty dollars for the first twenty-five pages and

seventy-five cents per page for every page beyond twenty-five pages for providing a

copy of medical records or medical bills in paper or facsimile format to a basic no-fault

insurer pursuant to this chapter. If providing an electronic, digital, or other

computerized format, a person may charge thirty dollars for the first twenty-five pages

and twenty-five cents per page after twenty-five pages for providing a copy of medical

records or medical bills to a basic no-fault insurer pursuant to this chapter. This charge

includes any administrative fee, retrieval fee, and postage expense.
N.D. Cent. Code § 26.1-34.1-01 — ND Code / Title 26.1 / Chapter 26.1-34.1 / Section 26.1-34.1-01
26.1-34.1-01. Application for certificate of exemption to issue gift annuities
Status: in_force

26.1-34.1-01. Application for certificate of exemption to issue gift annuities

A domestic or foreign corporation organized and operated exclusively as, or for the purpose

of aiding, an educational, religious, charitable, scientific, or philanthropic institution and which is

organized as a nonprofit organization without profit to any person, may apply to the

commissioner for a certificate of exemption to receive gifts of money or other property

conditioned upon, or in return for, its agreement to pay an annuity to a donor or nominee or

both. The corporation shall include with its application any documents or information the

commissioner reasonably requires, including:

1. Its name, location, and organization;

2. Evidence that it possesses a current tax-exempt status under the laws of the United

States;

3. A designation form appointing the commissioner as its attorney upon whom may be

served all lawful process in any action, suit, or proceeding instituted by or on behalf of

an annuitant or beneficiary arising out of any annuity contract;

4. A statement of the financial condition, management, and affairs of the organization,

including an accurate and complete financial statement consisting of a balance sheet

and income and expense statement, showing the current financial condition of the

corporation and sworn to by the officer of the corporation having the responsibility for

preparing such statement; and

5. A filing fee of one hundred dollars coincident with its application.
N.D. Cent. Code § 26.1-18.1-13 — ND Code / Title 26.1 / Chapter 26.1-18.1 / Section 26.1-18.1-13
26.1-18.1-13. Uncovered expenditures insolvency deposit
Status: in_force

26.1-18.1-13. Uncovered expenditures insolvency deposit

1. If at any time uncovered expenditures exceed ten percent of total health care

expenditures, a health maintenance organization shall place an uncovered

expenditures insolvency deposit with the commissioner, with any organization or

trustee acceptable to the commissioner through which a custodial or controlled

account is maintained, cash or securities that are acceptable to the commissioner. The

deposit must at all times have a fair market value in an amount of one hundred twenty

percent of the health maintenance organization's outstanding liability for uncovered

expenditures for enrollees in this state, including incurred but not reported claims, and

must be calculated as of the first day of the month and maintained for the remainder of

the month. If a health maintenance organization is not otherwise required to file a

quarterly report, it shall file a report within forty-five days of the end of the calendar

quarter with information sufficient to demonstrate compliance with this section.

2. The deposit required under this section is in addition to the deposit required under

section 26.1-18.1-12 and is an admitted asset of the health maintenance organization

in the determination of net worth. All income from the deposits or trust accounts is an

asset of the health maintenance organization and may be withdrawn from the deposit

or account quarterly with the approval of the commissioner.

3. A health maintenance organization that has made a deposit may withdraw that deposit

or any part of the deposit if a substitute deposit of cash or securities of equal amount

and value is made, the fair market value exceeds the amount of the required deposit,

or the required deposit under subsection 1 is reduced or eliminated. Deposits,

substitutions, or withdrawals may be made only with the prior written approval of the

commissioner.

4. The deposit required under this section is in trust and may be used only as provided

under this section. The commissioner may use the deposit of an insolvent health

maintenance organization for administrative costs associated with administering the

deposit and payment of claims of enrollees of this state for uncovered expenditures in

this state. Claims for uncovered expenditures must be paid on a pro rata basis based

on assets available to pay such ultimate liability for incurred expenditures. Partial

distribution may be made pending final distribution. Any amount of the deposit

remaining must be paid into the liquidation or receivership of the health maintenance

organization.

5. The commissioner may by regulation prescribe the time, manner, and form for filing

claims under subsection 4.

6. The commissioner may by rule or order require health maintenance organizations to

file annual, quarterly, or more frequent reports as the commissioner deems necessary

to demonstrate compliance with this section. The commissioner may require that the

reports include liability for uncovered expenditures as well as an audit opinion.
N.D. Cent. Code § 26.1-07-02 — ND Code / Title 26.1 / Chapter 26.1-07 / Section 26.1-07-02
26.1-07-02. Petition for allowance of consolidation or reinsurance
Status: in_force

26.1-07-02. Petition for allowance of consolidation or reinsurance

When any company described in section 26.1-07-01 proposes to consolidate with any other

company, or to enter into any contract of reinsurance, it must file its petition with the

commissioner setting forth the terms and conditions of the proposed consolidation or

reinsurance contract and asking for approval or modification as provided by this chapter. The

company shall file as an exhibit to the petition the proposed consolidation or reinsurance

contract.
N.D. Cent. Code § 26.1-34-09 — ND Code / Title 26.1 / Chapter 26.1-34 / Section 26.1-34-09
26.1-34-09. Minimum nonforfeiture benefits for annuity contract providing both annuity and life insurance benefits - Excepted benefits
Status: in_force

26.1-34-09. Minimum nonforfeiture benefits for annuity contract providing both

annuity and life insurance benefits - Excepted benefits.

For any annuity contract that provides within the same contract, by rider or supplemental

contract provision, both annuity benefits and life insurance benefits that are in excess of the

greater of cash surrender benefits or a return of the gross considerations with interest, the

minimum nonforfeiture benefits must equal the sum of the minimum nonforfeiture benefits for

the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion

computed as if each portion were a separate contract. Notwithstanding sections 26.1-34-03

through 26.1-34-06 and section 26.1-34-08, additional benefits payable in the event of total and

permanent disability, as reversionary annuity or deferred reversionary annuity benefits, or as

other policy benefits additional to life insurance, endowment and annuity benefits, and

considerations for all such additional benefits, must be disregarded in ascertaining the minimum

nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits that may be required

by sections 26.1-34-01 through 26.1-34-09. The inclusion of such additional benefits may not be

required in any paid-up benefits, unless such additional benefits separately would require

minimum nonforfeiture amounts, paid-up annuity, cash surrender, or death benefits.
N.D. Cent. Code § 26.1-02.1-05 — ND Code / Title 26.1 / Chapter 26.1-02.1 / Section 26.1-02.1-05
26.1-02.1-05. Penalties - Restitution
Status: in_force

26.1-02.1-05. Penalties - Restitution

1. a. A violation of section 26.1-02.1-02.1 is:

(1) A class A felony if the value of any property or services retained exceeds

fifty thousand dollars;

(2) A class B felony if the value of the act associated with the fraud or directly

related to the fraud exceeds fifty thousand dollars;

(3) A class B felony if the value of any property or services retained exceeds ten

thousand dollars but does not exceed fifty thousand dollars;

(4) A class C felony if the value of the act associated with the fraud or directly

related to the fraud exceeds ten thousand dollars but does not exceed fifty

thousand dollars;

(5) A class C felony if the value of any property or services retained exceeds

one thousand dollars but does not exceed ten thousand dollars; and

(6) A class A misdemeanor in all other cases.

b. For purposes of this section, the value of any property and services must be

determined in accordance with section 12.1-23-05.

2. If a practitioner is adjudicated guilty of a violation of section 26.1-02.1-02.1, the court

shall notify the appropriate licensing authority of this state of the adjudication. The

appropriate licensing authority shall hold an administrative hearing to consider the

imposition of administrative sanctions as provided by law against the practitioner.

3. In addition to any other punishment, a person that violates section 26.1-02.1-02.1 must

be ordered to make restitution to the insurer or to any other person for any financial

loss sustained as a result of the violation of section 26.1-02.1-02.1. The court shall

determine the extent and method of restitution.

4. A prosecution for any felony offense under chapter 26.1-02.1 must be commenced

within three years after the date of discovery of the fraud.

5. A prosecution for any misdemeanor or infraction offense under chapter 26.1-02.1 must

be commenced within two years after the date of discovery of the fraud.
N.D. Cent. Code § 26.1-12-24 — ND Code / Title 26.1 / Chapter 26.1-12 / Section 26.1-12-24
26.1-12-24. Making premium reserve good - Assessments - Cancellation of policies - Reinsurance
Status: in_force

26.1-12-24. Making premium reserve good - Assessments - Cancellation of policies -

Reinsurance.

When, by reason of depreciation or loss of its funds or otherwise, the cash assets of a

mutual insurance company, after providing for its other debts, are less than the required

premium reserve upon its policies, it shall make good the deficiency by assessment in the mode

provided in section 26.1-12-23. If the directors are of the opinion that the company is likely to

become insolvent, the board of directors, instead of the assessment, may make two

assessments, the first determining what each policyholder must equitably pay or receive in case

of withdrawal from the company and having the policy canceled and the second determining

what further sum each must pay in order to reinsure the unexpired term of the policy at the rate

at which the whole was insured at first. Each policyholder subject to assessment shall pay or

receive according to the first assessment, and the policy then must be canceled unless the

policyholder pays the further sum determined by the second assessment, in which case the

policy continues in force. In neither case, however, may a policyholder receive or have credited

more than the policyholder would have received on having the policy canceled by a vote of the

board of directors under the bylaws. If, within two months after the alternative assessments

have become collectible, the amount of the policies whose holders have settled for both

assessments is less than two hundred thousand dollars, the company shall stop issuing

policies. All policies the holders of which have not settled for both assessments are void, and

the company may continue only for the purpose of adjusting the deficiency or excess of

premiums among the members and settling outstanding claims. No assessment is valid against

a person who has not been notified thereof within two years after the expiration or cancellation

of the policy.
N.D. Cent. Code § 26.1-13-20 — ND Code / Title 26.1 / Chapter 26.1-13 / Section 26.1-13-20
26.1-13-20. Designation of attorney in fact - Assessments
Status: repealed

26.1-13-20. Designation of attorney in fact - Assessments

Repealed by S.L. 2019, ch. 236, § 16.
N.D. Cent. Code § 26.1-31-02 — ND Code / Title 26.1 / Chapter 26.1-31 / Section 26.1-31-02
26.1-31-02. Scope of reinsurance contract
Status: in_force

26.1-31-02. Scope of reinsurance contract

A reinsurance contract is presumed to be a contract of indemnity against liability and not

merely against damage.
N.D. Cent. Code § 26.1-36-16 — ND Code / Title 26.1 / Chapter 26.1-36 / Section 26.1-36-16
26.1-36-16. Effect of accident and health policy simplification standards on filed policies
Status: in_force

26.1-36-16. Effect of accident and health policy simplification standards on filed

policies.

Sections 26.1-36-13 through 26.1-36-15 do not negate any law of this state permitting the

issuance of a policy form after it has been on file for the required time period and has not been

disapproved by the commissioner.
N.D. Cent. Code § 26.1-27.1-03 — ND Code / Title 26.1 / Chapter 26.1-27.1 / Section 26.1-27.1-03
26.1-27.1-03. Disclosure requirements
Status: in_force

26.1-27.1-03. Disclosure requirements

1. A pharmacy benefits manager shall disclose to the commissioner any ownership

interest of any kind with:

a. Any insurance company responsible for providing benefits directly or through

reinsurance to any plan for which the pharmacy benefits manager provides

services.

b. Any parent company, subsidiary, or other organization that is related to the

provision of pharmacy services, the provision of other prescription drug or device

services, or a pharmaceutical manufacturer.

2. A pharmacy benefits manager shall notify the commissioner in writing within five

business days of any material change in the pharmacy benefits manager's ownership.
N.D. Cent. Code § 26.1-16-22 — ND Code / Title 26.1 / Chapter 26.1-16 / Section 26.1-16-22
26.1-16-22. Notice of assessment - Contents - Cancellation of certificate - Reinstatement
Status: in_force

26.1-16-22. Notice of assessment - Contents - Cancellation of certificate -

Reinstatement.

The notice of assessment in each case must provide that if the member to whom the notice

is directed does not make payment within the time specified therein, which may be not less than

fifteen days nor more than forty-five days after the date of the notice, the member's certificate

will be canceled. If payment is not made within that time, a notice of cancellation must be mailed

to the member informing the member that if the assessment is not paid within ten days from the

mailing of the notice of cancellation, the member's certificate will be canceled. The notice of

cancellation must be mailed to the member at the member's last-known address immediately

after the expiration of the time specified in the notice of assessment, and proof of the mailing

must be established on forms provided for that purpose by the United States postal service. If

payment is not made within the time specified in the notice of cancellation, the certificate must

be canceled. If payment of an assessment is made to the society subsequent to the date of

cancellation of the certificate, the payment may be considered as a reinstatement fee and

placed in the expense fund of the society.
N.D. Cent. Code § 26.1-40.2-07 — ND Code / Title 26.1 / Chapter 26.1-40.2 / Section 26.1-40.2-07
26.1-40.2-07. Interaction with other law
Status: in_force

26.1-40.2-07. Interaction with other law

This chapter does not limit the scope of federal or state law regarding delivery or transport

of goods. A delivery made under this chapter which is subject to such other law also must

comply with the requirements of that law. If there is a conflict between this chapter and another

law dealing with the delivery or transport of goods, the other law prevails.
N.D. Cent. Code § 26.1-58-03 — ND Code / Title 26.1 / Chapter 26.1-58 / Section 26.1-58-03
26.1-58-03. Travel protection plans
Status: in_force

26.1-58-03. Travel protection plans

Travel protection plans may be offered for one price for the combined features the travel

protection plan offers in this state if:

1. The travel protection plan clearly discloses to the consumer, at or before the time of

purchase, that the plan includes travel insurance, travel assistance services, and

cancellation fee waivers as applicable, and provides information and an opportunity, at

or before the time of purchase, for the consumer to obtain additional information

regarding the features and pricing of each; and

2. The fulfillment materials:

a. Describe and delineate the travel insurance, travel assistance services, and

cancellation fee waivers in the travel protection plan; and

b. Include the travel insurance disclosures and the contact information for persons

providing travel assistance services, and cancellation fee waivers, as applicable.
N.D. Cent. Code § 26.1-08-02 — ND Code / Title 26.1 / Chapter 26.1-08 / Section 26.1-08-02
26.1-08-02. Duties of commissioner
Status: repealed

26.1-08-02. Duties of commissioner

Repealed by S.L. 2003, ch. 239, § 18.
N.D. Cent. Code § 26.1-18.1-17 — ND Code / Title 26.1 / Chapter 26.1-18.1 / Section 26.1-18.1-17
26.1-18.1-17. Powers of insurers
Status: in_force

26.1-18.1-17. Powers of insurers

1. An insurance company licensed in this state, or a hospital or medical service

corporation authorized to do business in this state, may either directly or through a

subsidiary or affiliate, organize and operate a health maintenance organization under

the provisions of this chapter. Notwithstanding any other law which may be

inconsistent, any two or more insurance companies, hospital or medical service

corporations, or subsidiaries or affiliates thereof, may jointly organize and operate a

health maintenance organization. The business of insurance is deemed to include the

providing of health care by a health maintenance organization owned or operated by

an insurer or a subsidiary thereof.

2. Notwithstanding any provision of insurance and hospital or medical service corporation

laws, an insurer or a hospital or medical service corporation may contract with a health

maintenance organization to provide insurance or similar protection against the cost of

care provided through health maintenance organizations and to provide coverage in

the event of the failure of the health maintenance organization to meet its obligations.

The enrollees of a health maintenance organization constitute a permissible group

under the laws. Among other things, under the contracts, the insurer or hospital or

medical service corporation may make benefit payments to health maintenance

organizations for health care services rendered by providers.
N.D. Cent. Code § 26.1-25.1-04 — ND Code / Title 26.1 / Chapter 26.1-25.1 / Section 26.1-25.1-04
26.1-25.1-04. Dispute resolution and error correction
Status: in_force

26.1-25.1-04. Dispute resolution and error correction

If it is determined through the dispute resolution process set forth in the federal Fair Credit

Reporting Act [Pub. L. 90-321; 15 U.S.C. 1681i(a)(5)] that the credit information of a current

insured was incorrect or incomplete and if the insurer receives notice of such determination from

either the consumer reporting agency or from the insured, the insurer shall reunderwrite and

rerate the consumer within thirty days of receiving the notice. After reunderwriting or rerating the

insured, the insurer shall make any adjustments necessary, consistent with the insurer's

underwriting and rating guidelines. If an insurer determines that the insured has overpaid

premium, the insurer shall refund to the insured the amount of overpayment calculated back to

the shorter of either the last twelve months of coverage or the actual policy period.
N.D. Cent. Code § 26.1-17-12 — ND Code / Title 26.1 / Chapter 26.1-17 / Section 26.1-17-12
26.1-17-12. Contract limitations
Status: in_force

26.1-17-12. Contract limitations

1. Except as provided in this section, every physician, oral surgeon, dentist, or

practitioner licensed and registered in this state has the right to contract with any

health service corporation for furnishing general or special medical care, dental care,

or optometric care, as the case may be. A corporation may not impose any restriction

as to the methods of diagnosis or treatment. The private relationship of physician and

patient, dentist and patient, or practitioner and patient is to be maintained at all times

and the subscriber has the right of free choice in selecting any physician, oral surgeon,

dentist, or practitioner.

2. The governing board of a health service corporation that writes hospital or medical

service contracts may terminate a practitioner's participating contract, designate a

practitioner as nonpayable, or otherwise impose reasonable sanctions on any

practitioner who continues to engage in a practice pattern that is excessive or

inappropriate as compared to the practice pattern for the practitioner's specialty after

having been informed by the corporation, in writing, as to the manner in which the

practitioner's practice pattern is excessive or inappropriate. The corporation shall

consult with the practitioner and provide a reasonable time period of not less than six

months within which to modify the practitioner's practice pattern. If, after terminating a

practitioner's participating contract with the corporation, the practitioner's practice

pattern continues to be excessive or inappropriate, the corporation's central

professional services committee may consider recommending to the board that the

practitioner be designated nonpayable. The affected practitioner must be given the

right to be present and to be heard by the committee which must include

representation of the practitioner's specialty. The board may not designate a

practitioner as nonpayable in the absence of the committee's recommendation to do

so. All reports, data, and proceedings of the corporation relative to a practitioner who is

considered for designation as nonpayable is confidential, and may not be disclosed or

be subject to subpoena or other legal process. The corporation may not pay or

reimburse claims of its members relating to a treatment or service that is provided by a

practitioner who is designated nonpayable. Nonpayable status under this section may

not commence until after appropriate notification to the corporation's subscribers and

the affected practitioner.

3. All practitioners in a group practice shall elect participating or nonparticipating status,

as a group, with the health service corporation. If a practitioner is designated as

nonparticipating or nonpayable under this section, the participating or nonparticipating

status of the group is not affected. "Group practice" means a group of two or more

health care providers legally organized as a partnership, professional corporation, or

similar association.

4. A health service corporation may, in its discretion, by its articles of incorporation,

articles of association, or bylaws, and in its contract with its subscribers, limit the

benefits that the corporation will furnish, and may provide for a division of benefits it

agrees to furnish into classes or kinds. In the absence of any limitation or division of

services, a corporation may provide both general and special medical and surgical,

dental, or optometric care benefits, including such service as may necessarily be

incident to such care. A corporation may, in its discretion, limit the issuance of

contracts as specified in its bylaws.

5. A dental or optometric service contract by a health service corporation may not provide

the payment of any cash indemnification by the corporation to the subscriber or the

subscriber's estate on account of death, illness, or other injury.
N.D. Cent. Code § 26.1-25-04.4 — ND Code / Title 26.1 / Chapter 26.1-25 / Section 26.1-25-04.4
26.1-25-04.4. Notice of withdrawal
Status: in_force

26.1-25-04.4. Notice of withdrawal

An insurer must provide the commissioner notice in writing of its plan to cease writing and

renewing a property and casualty insurance product before the notification of agents and

policyholders. The notice must contain the effective date of the plan, the number of policies

affected, and the reason therefor.
N.D. Cent. Code § 26.1-21-14 — ND Code / Title 26.1 / Chapter 26.1-21 / Section 26.1-21-14
26.1-21-14. Action against the fund - Failure to act is disallowance - Limitation - Interest
Status: in_force

26.1-21-14. Action against the fund - Failure to act is disallowance - Limitation -

Interest.

1. An action may not be brought against the fund until a claim has been presented to the

office under this chapter and the office has refused to allow the claim.

2. An action brought against the fund for a claim must be commenced within one year

after presenting the claim to the office. The liability of the fund is limited to a breach of

a condition of the bond which occurred within two years before the date of presenting

the claim to the office.
N.D. Cent. Code § 26.1-26-13.4 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-13.4
26.1-26-13.4. Biennial license continuation
Status: in_force

26.1-26-13.4. Biennial license continuation

A licensed individual insurance producer shall file a biennial license continuation in the form

and manner prescribed by the commissioner and pay a fee as prescribed in section 26.1-01-07.

The commissioner shall give a licensee not less than sixty days' notice of the biennial license

continuation filing deadline.
N.D. Cent. Code § 26.1-29-29 — ND Code / Title 26.1 / Chapter 26.1-29 / Section 26.1-29-29
26.1-29-29. Insurance of mortgaged property - Act of mortgagor may avoid insurance
Status: in_force

26.1-29-29. Insurance of mortgaged property - Act of mortgagor may avoid insurance

When a mortgagor of property effects insurance in the mortgagor's own name providing that

the loss is payable to the mortgagee, or when the mortgagor assigns an insurance policy to the

mortgagee, the insurance is considered to be upon the interest of the mortgagor. The mortgagor

does not cease to be a party to the original contract, and any act of the mortgagor which

otherwise would avoid the insurance will have the same effect although the property is in the

hands of the mortgagee.
N.D. Cent. Code § 26.1-40-06 — ND Code / Title 26.1 / Chapter 26.1-40 / Section 26.1-40-06
26.1-40-06. Notification of possible eligibility for assigned risk policy
Status: in_force

26.1-40-06. Notification of possible eligibility for assigned risk policy

When a policy is canceled, other than for nonpayment of premium, or in the event of failure

to renew a policy to which subsection 1 of section 26.1-40-05 applies, the insurer shall notify the

named insured of the insured's possible eligibility for automobile insurance through the

automobile assigned risk plan or automobile insurance plan. The notification must accompany

or be included in the notice of cancellation or nonrenewal required by sections 26.1-40-03 and

26.1-40-05.
N.D. Cent. Code § 26.1-05-30 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-30
26.1-05-30. Disbursements by domestic life insurance company to be made on voucher - Requirements
Status: in_force

26.1-05-30. Disbursements by domestic life insurance company to be made on

voucher - Requirements.

No domestic life insurance company may make any disbursement of one hundred dollars or

more unless evidenced by a voucher signed by or on behalf of the person receiving the money

and correctly describing the consideration for the payment. If the expenditure is for both

services and disbursements, the voucher must set forth the services rendered and an itemized

statement of the disbursements made. If the expenditure is in connection with any matter

pending before any legislative or public body or before any department or officer of any state or

government, the voucher, in addition, must describe correctly the nature of the matter and of the

interest of the company therein. When a voucher cannot be obtained, the expenditure must be

evidenced by an affidavit describing the character and object of the expenditure and stating the

reason for not obtaining the voucher.
N.D. Cent. Code § 26.1-37-02 — ND Code / Title 26.1 / Chapter 26.1-37 / Section 26.1-37-02
26.1-37-02. Definitions
Status: in_force

26.1-37-02. Definitions

For the purposes of this chapter:

1. "Closed-end credit" means a credit transaction that does not meet the definition of

open-end credit.

2. "Collateral" means personal property that is pledged as security for the satisfaction of

a debt.

3. "Consumer credit insurance" is a general term used in this chapter to refer to any or all

of credit life insurance, credit accident and health insurance, credit unemployment

insurance, credit property, or any other credit insurance.

4. "Credit accident and health insurance" means insurance on a debtor to provide

indemnity for payments becoming due on a specific loan or other credit transaction

while the debtor is disabled as defined in the policy.

5. "Credit agreement" means the written document that sets forth the terms of the credit

transaction and includes the security agreement.

6. "Credit life insurance" means insurance on a debtor or debtors, pursuant to or in

connection with a specific loan or other credit transaction, to provide for satisfaction of

a debt, in whole or in part, upon the death of an insured debtor.

7. "Credit property insurance" means any policy, endorsement, rider, binder, certificate, or

other instrument or evidence of insurance covering perils to goods purchased through

a credit transaction or used as collateral for a credit transaction and which concerns a

creditor's interest in the purchased goods or pledged collateral either in whole or in

part.

8. "Credit transaction" means any transaction by the terms of which the repayment of

money loaned or loan commitment made, or payment for goods, services, or

properties sold or leased, is to be made at a future date or dates.

9. "Credit unemployment insurance" means insurance on a debtor to provide indemnity

for payments or debt becoming due on a specific loan or other credit transaction while

the debtor is involuntarily unemployed as defined in the policy.

10. "Creditor" means the lender of money or vendor or lessor of goods, services, or

property, rights, or privileges, for which payment is arranged through a credit

transaction, or any successor to the right, title, or interest of the lender, vendor, or

lessor, and an affiliate, associate, or subsidiary of any of them or any director, officer,

or employee of any of them, or any other person in any way associated with any of

them.

11. "Creditor-placed insurance" means insurance that is purchased unilaterally by the

creditor, who is the named insured, subsequent to the date of the credit transaction,

providing coverage against loss, expense, or damage to the collateralized personal

property as a result of fire, theft, collision, or other risks of loss that would either impair

a creditor's interest or adversely affect the value of collateral covered by dual interest

insurance. It is purchased according to the terms of the credit agreement as a result of

the debtor's failure to provide required physical damage insurance, with the cost of the

coverage being charged to the debtor. It is either single interest insurance or limited

dual interest insurance.

12. "Debtor" means a borrower of money or a purchaser or lessee of goods, services,

property, rights, or privileges for which payment is arranged through a credit

transaction.

13. "Dual interest insurance" means credit property insurance covering the seller's or

creditor's interest and at least partially the borrower's interest in the goods purchased

through the credit transaction or pledged as collateral for the credit transaction.

14. "Finance charge" means any charge payable directly or indirectly as an incident to or

as a condition of the extension of credit, including interest; time price differentials;

amount payable under a discount system of additional charges; service, transaction, or

carrying charges; loan fees; points or similar charges; appraisal fees; or charges

incurred for investigating the creditworthiness of the consumer. The terms do not

include charges as a result of default, taxes, license fees, delinquency charges, or

filing fees.

15. "Gross debt" means the sum of the remaining payments owed to the creditor by the

debtor.

16. "Identifiable charge" means a charge for a type of consumer credit insurance that is

made to debtors having such insurance and not made to debtors not having such

insurance, and includes a charge for insurance that is disclosed in the credit or other

instrument furnished to the debtor which sets out the financial elements of the credit

transaction and any difference in the finance, interest, service, or other similar charge

made to debtors who are in like circumstances except for the insured or noninsured

status of the debtor or of the property used as security for the credit transaction.

17. "Net debt" means the amount necessary to liquidate the remaining debt in a single

lump sum payment, excluding all unearned interest and other unearned finance

charges.

18. "Open-end credit" means credit extended by a creditor under an agreement in which:

a. The creditor reasonably contemplates repeated transactions;

b. The creditor imposes a finance charge from time to time on an outstanding

unpaid balance; and

c. The amount of credit that may be extended to the debtor during the term of the

agreement, up to any limit set by the creditor, is generally made available to the

extent that any outstanding balance is repaid.
N.D. Cent. Code § 26.1-34-01 — ND Code / Title 26.1 / Chapter 26.1-34 / Section 26.1-34-01
26.1-34-01. Required annuity contract provisions relating to cessation of payment of considerations by contractholder
Status: in_force

26.1-34-01. Required annuity contract provisions relating to cessation of payment of

considerations by contractholder.

In the case of annuity contracts issued after June 30, 1979, unless the company, by written

notice filed with the commissioner, opted for an earlier operative date, no annuity contract,

except as stated in section 26.1-34-10, may be delivered or issued for delivery in this state

unless it contains in substance the following provisions, or corresponding provisions which in

the opinion of the commissioner are at least as favorable to the contractholder upon cessation

of payment of considerations under the contract:

1. Upon cessation of payment of considerations under an annuity contract, the company

will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as

is specified in sections 26.1-34-03 through 26.1-34-06 and section 26.1-34-08.

2. If an annuity contract provides for a lump sum settlement at maturity, or at any other

time, then upon surrender of the contract at or prior to the commencement of any

annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash

surrender benefit of such amount as is specified in sections 26.1-34-03, 26.1-34-04,

26.1-34-06, and 26.1-34-08. The company shall reserve the right to defer the payment

of the cash surrender benefit for a period of six months after demand for the benefit

with surrender of the contract.

3. A statement of the mortality table, if any, and interest rates used in calculating any

minimum paid-up annuity, cash surrender, or death benefits that are guaranteed under

the annuity contract, together with sufficient information to determine the amounts of

the benefits.

4. A statement that any paid-up annuity, cash surrender, or death benefits that may be

available under the annuity contract are not less than the minimum benefits required

by any law of this state and an explanation of the manner in which the benefits are

altered by the existence of any additional amounts credited by the company to the

contract, any indebtedness to the company on the contract, or any prior withdrawals

from or partial surrenders of the contract.

5. A statement that when an annuity contract becomes a claim by reason of death,

settlement:

a. If payable in one sum, must be made upon due proof of death, or not later than

two months after receipt of the proof, and must include reasonable interest

accrued from the date of death; or

b. If made under a settlement option other than subdivision a, must include

reasonable interest accrued from date of death until such option is made

according to the provisions of the contract.

As used in this subsection, the term "reasonable interest" means the same rate of

interest as paid on death proceeds left on deposit with the insurer.

Notwithstanding the requirements of this section, any deferred annuity contract may provide that

if no considerations have been received under a contract for a period of two full years and the

portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising

from considerations paid prior to such period would be less than twenty dollars monthly, the

company may at its option terminate the contract by payment in cash of the then present value

of such portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if

any, and interest rate specified in the contract for determining the paid-up annuity benefit, and

by such payment is relieved of any further obligation under the contract.
N.D. Cent. Code § 26.1-33-22 — ND Code / Title 26.1 / Chapter 26.1-33 / Section 26.1-33-22
26.1-33-22. Calculation of adjusted premiums - Ordinary policies
Status: in_force

26.1-33-22. Calculation of adjusted premiums - Ordinary policies

This section does not apply to ordinary policies issued on or after the operative date of

section 26.1-33-24. In the case of ordinary policies issued on or after the operative date of this

section, all adjusted premiums and present values referred to in sections 26.1-33-18 through

26.1-33-28 must be calculated on the basis of the commissioners 1958 standard ordinary

mortality table and the rate of interest specified in the policy for calculating cash surrender

values and paid-up nonforfeiture benefits, provided that the rate of interest may not exceed

three and one-half percent per annum except that a rate of interest not exceeding five and

one-half percent per year may be used for policies issued after June 30, 1977, except that for

any single premium whole life or endowment insurance policy a rate of interest not exceeding

six and one-half percent per year may be used; and provided that for any category of ordinary

insurance issued on female risks, adjusted premiums and present values may be calculated

according to an age not more than six years younger than the actual age of the insured. In

calculating the present value of any paid-up term insurance with accompanying pure

endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not

more than those shown in the commissioners 1958 extended term insurance table. For

insurance issued on a substandard basis, the calculation of any such adjusted premiums and

present values may be based on such other table of mortality as may be specified by the insurer

and approved by the commissioner. Upon the operative date of this section, 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, 1966. After the filing of such notice, upon the specified

date, which must be the operative date of this section for that insurer, this section becomes

operative with respect to the ordinary policies issued by the insurer after that date. If an insurer

makes no election, the operative date of this section for the insurer is January 1, 1966.
N.D. Cent. Code § 26.1-42.1-15 — ND Code / Title 26.1 / Chapter 26.1-42.1 / Section 26.1-42.1-15
26.1-42.1-15. Stay of proceedings
Status: in_force

26.1-42.1-15. Stay of proceedings

All proceedings in which the insolvent insurer is a party or is obligated to defend a party in

any court in this state, subject to waiver by the association in specific cases involving covered

claims, must be stayed until the last day fixed by the court for the filing of claims and additional

time after this as may be determined by the court from the date the insolvency is determined or

an ancillary proceeding is instituted in the state, whichever is later, to permit proper defense by

the association of all pending causes of action. As to any covered claims arising from a

judgment under any decision, verdict, or finding based on the default of the insolvent insurer or

the insolvent insurer's failure to defend an insured, the association on its own behalf or on

behalf of such insured may apply to have the judgment, order, decision, verdict, or finding set

aside by the same court or administrator that made the judgment, order, decision, verdict, or

finding and may defend the claim on the merits. The liquidator, receiver, or statutory successor

of an insolvent insurer covered by this chapter shall permit access by the board or the board's

authorized representative to the insolvent insurer's records that are necessary for the board in

carrying out the board's functions under this chapter with regard to covered claims. In addition,

the liquidator, receiver, or statutory successor shall provide the board or the board's

representative with copies of these records upon the request by the board and at the expense of

the board.
N.D. Cent. Code § 26.1-17-34 — ND Code / Title 26.1 / Chapter 26.1-17 / Section 26.1-17-34
26.1-17-34. Hearing procedure and judicial review
Status: in_force

26.1-17-34. Hearing procedure and judicial review

1. Any health service corporation aggrieved by any order or decision of the commissioner

made without a hearing, within thirty days after notice of the order to the corporation,

may make written request to the commissioner for a hearing thereon. The

commissioner shall hear the party within twenty days after receipt of the request and

shall give not less than ten days' written notice of the time and place of the hearing.

Within fifteen days after the hearing, the commissioner shall affirm, reverse, or modify

the previous action specifying the reasons therefor. Pending a hearing and decision

thereon, the commissioner may suspend or postpone the effective date of the previous

action.

2. This chapter does not require the observance at any hearing of formal rules of

pleading or evidence.
N.D. Cent. Code § 26.1-06-09 — ND Code / Title 26.1 / Chapter 26.1-06 / Section 26.1-06-09
26.1-06-09. Consent to service of process
Status: in_force

26.1-06-09. Consent to service of process

Every nonresident offeror who makes a takeover bid is deemed to have appointed the

commissioner as agent upon whom may be served, in any matter arising under this chapter, any

process, notice, order, or demand except one issued by the commissioner. The commissioner or

a designated person in the commissioner's office shall serve any process, notice, order, or

demand issued by the commissioner by registered mail addressed to the offeror at the offeror's

latest address on file. A foreign corporation which has a duly appointed agent for service of

process need not comply with this section.
N.D. Cent. Code § 26.1-26-40 — ND Code / Title 26.1 / Chapter 26.1-26 / Section 26.1-26-40
26.1-26-40. Refusal of initial license - Notice - Hearing
Status: in_force

26.1-26-40. Refusal of initial license - Notice - Hearing

If the commissioner refuses to issue a license to an applicant, the notice to the applicant as

provided in section 26.1-26-39 must state that the applicant may request a hearing within thirty

days from the date of issuance of the notice. The commissioner shall hold a hearing, if

requested by the applicant, within thirty days of the receipt of the request for a hearing and upon

ten days' written notice to the applicant.
N.D. Cent. Code § 26.1-30-14 — ND Code / Title 26.1 / Chapter 26.1-30 / Section 26.1-30-14
26.1-30-14. Breach of warranty - When excused
Status: in_force

26.1-30-14. Breach of warranty - When excused

When, before the time arrives for the performance of a warranty relating to the future, a loss

insured against happens, or performance becomes impossible or unlawful at the place of the

contract, the omission to fulfill the warranty does not avoid the insurance policy.
N.D. Cent. Code § 26.1-53.1-03 — ND Code / Title 26.1 / Chapter 26.1-53.1 / Section 26.1-53.1-03
26.1-53.1-03. Registration requirements for a discount plan organization - Fees
Status: in_force

26.1-53.1-03. Registration requirements for a discount plan organization - Fees

1. Before doing business in or from this state as a discount plan organization, a discount

plan organization:

a. Must be authorized to transact business in this state through the secretary of

state; and

b. Must be registered by the commissioner to operate as a discount plan

organization.

2. An application for registration under this chapter must be filed with the commissioner

on a form prescribed by the commissioner.

3. The application must demonstrate, set forth, or be accompanied by the following:

a. The five hundred dollar application fee;

b. A list of the names, addresses, official positions, and biographical information of

each individual responsible for conducting the applicant's affairs, including each:

(1) Member of the board of directors, board of trustees, executive committee, or

other governing board or committee; and

(2) Officer;

c. A copy of the form of any contract made or arrangement to be made between the

applicant and any individual listed in subdivision b;

d. All marketing materials to be used in connection with marketing a discount plan in

this state;

e. A description of member complaint procedures to be established and maintained

by the applicant;

f. A copy of the applicant's cancellation and refund policy;

g. The name and address of the applicant's agent for service of process, notice, or

demand, or if not domiciled in this state, a duly executed instrument appointing

the commissioner and the commissioner's successors, the applicant's attorney

upon whom all process in any action or proceeding against the applicant may be

served; and

h. Any other information the commissioner may reasonably require.

4. The department may request a copy of the form of all contracts to be made or sold in

this state or to be made between the applicant and any providers or provider networks

regarding provision of medical or ancillary services to members.

5. The department may request a copy of the form of any contract between the applicant

and any person or other entity for the performance on the applicant's behalf of any

function, including marketing, administration, enrollment, investment management,

and contracting for the provision of medical or ancillary services to cardholders.

6. After the receipt of an application filed pursuant to this section, the commissioner shall

review the application and notify the applicant of any deficiencies in the application.

7. After receipt of a completed application, the commissioner shall:

a. Register the applicant as a discount plan if the commissioner is satisfied the

applicant has met the following:

(1) The requirements of this section; and

(2) The ownership, control, and management of the applicant are competent

and trustworthy and possess managerial experience that would make the

proposed operation of the discount plan organization beneficial to discount

plan members; or

b. Deny the registration application and state the grounds for denial.

8. Registration is effective for one year, unless before expiration the registration is

renewed in accordance with this subsection or suspended or revoked in accordance

with section 26.1-53.1-12.

9. Not later than March first of each year, the discount plan organization shall submit:

a. Updated information to anything provided pursuant to subsections 3, 4, and 5 and

section 26.1-53.1-23; and

b. The renewal fee of two hundred fifty dollars.

10. The commissioner shall renew the registration of each discount plan organization that

meets the requirements of this chapter and pays the appropriate renewal fee.
N.D. Cent. Code § 26.1-01-07.2 — ND Code / Title 26.1 / Chapter 26.1-01 / Section 26.1-01-07.2
26.1-01-07.2. Insurance regulatory trust fund investment
Status: in_force

26.1-01-07.2. Insurance regulatory trust fund investment

1. It is the responsibility of the insurance department, charged with the administration of

the insurance regulatory trust fund, to make such moneys available for investment as

fully as is consistent with the cash requirements of the fund and to authorize

investment of such moneys by the state investment board.

2. The insurance department shall monthly notify the state investment board of the

amount available for investment, and the moneys must be invested by the investing

authority according to the laws relating to state investments. Such notification must

include the name and number of the fund for which the investments are to be made

and the life of the investment if the principal sum is to be required for meeting

obligations.

3. All earnings derived from such investments must be paid into the insurance regulatory

trust fund.
N.D. Cent. Code § 26.1-51-04 — ND Code / Title 26.1 / Chapter 26.1-51 / Section 26.1-51-04
26.1-51-04. Application of privilege
Status: in_force

26.1-51-04. Application of privilege

If an insurer, person, or entity performs or directs the performance of an insurance

compliance audit, an officer, employee, or agent involved with the insurance compliance audit,

or any consultant who is hired for the purpose of performing the insurance compliance audit,

may not be examined in any civil, criminal, or administrative proceeding as to the insurance

compliance audit or any insurance compliance self-critical analysis audit document. This section

does not apply if it is determined under section 26.1-51-06 or 26.1-51-07 that the privilege does

not apply.
N.D. Cent. Code § 26.1-26.8-21 — ND Code / Title 26.1 / Chapter 26.1-26.8 / Section 26.1-26.8-21
26.1-26.8-21. Commissioner may make examinations and investigations
Status: in_force

26.1-26.8-21. Commissioner may make examinations and investigations

Whenever the commissioner believes this chapter has been violated, the commissioner, at

the expense of the public adjuster involved, may examine, at the offices of the public adjuster,

whether located within or outside this state, all books, records, and papers of the public adjuster

or the company with which the public adjuster is affiliated and any books, records, and papers of

any insured within this state, and may examine under oath, the officers, managers, and public

adjusters or the insured as to the violation.
N.D. Cent. Code § 26.1-05-12 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-12
26.1-05-12. Gains to benefit company - Suit to recover
Status: in_force

26.1-05-12. Gains to benefit company - Suit to recover

For the purpose of preventing the unfair use of information which may have been obtained

by a beneficial owner, director, or officer by reason of the relationship to a domestic stock

insurance company, any profit realized by that person from any purchase and sale, or any sale

and purchase, of any equity security of the company within any period of less than six months,

unless the security was acquired in good faith in connection with a debt previously contracted,

inures to and is recoverable by the company, irrespective of any intention on the part of the

beneficial owner, director, or officer in entering into the transaction of holding the security

purchased or of not repurchasing the security sold for a period exceeding six months. Suit to

recover the profit may be instituted at law or in equity in any court of competent jurisdiction by

the company, or by the owner of any security of the company in the name and in behalf of the

company if the company fails or refuses to bring suit within sixty days after request or fails

diligently to prosecute the suit; but no suit may be brought more than two years after the date

the profit was realized. This section does not cover any transaction if the beneficial owner was

not such both at the time of the purchase and sale, or the sale and purchase, of the security

involved, or any transaction or transactions which the commissioner by rule exempts as not

comprehended within the purpose of this section.
N.D. Cent. Code § 26.1-30-20 — ND Code / Title 26.1 / Chapter 26.1-30 / Section 26.1-30-20
26.1-30-20. Procedure for use of policy forms filed with commissioner
Status: in_force

26.1-30-20. Procedure for use of policy forms filed with commissioner

No insurance policy, certificate, contract, agreement, or rate schedule, except as is

otherwise provided, may be issued, nor may any application, rider, or endorsement be used in

connection therewith until the expiration of sixty days after it has been filed unless the

commissioner gives written approval. The commissioner may extend the sixty-day period for an

additional period not to exceed fifteen days if the commissioner gives written notice within the

sixty-day period to the insurer which made the filing that the commissioner needs the additional

time for the consideration of the filing.
N.D. Cent. Code § 26.1-30.1-04 — ND Code / Title 26.1 / Chapter 26.1-30.1 / Section 26.1-30.1-04
26.1-30.1-04. New policies
Status: in_force

26.1-30.1-04. New policies

Sections 26.1-30.1-02 and 26.1-30.1-03 do not apply to insurance policies which have been

in effect less than ninety days at the time the notice of cancellation is mailed or delivered. No

cancellation under this section is effective until at least ten days after the written notice to the

policyholder.
N.D. Cent. Code § 26.1-23.1-04 — ND Code / Title 26.1 / Chapter 26.1-23.1 / Section 26.1-23.1-04
26.1-23.1-04. Annual financial statements required - Confidentiality
Status: in_force

26.1-23.1-04. Annual financial statements required - Confidentiality

1. Every government self-insurance pool authorized by the insurance commissioner shall

file with the commissioner on or before March thirty-first of each year an audited

statement of its financial condition and business for the year ending on the preceding

December thirty-first. The financial statement must be audited by an independent

certified public accountant and the financial statement must be in a form prescribed or

approved by the commissioner. The financial statement must be verified by the

signature and oath of the pool's authorized representative. If a self-insurance pool fails

to provide for the audited financial statement required by this section, the insurance

commissioner shall have the audit performed at the expense of the pool. All working

papers of the commissioner's staff are confidential and not open for public inspection

until the report is final unless the commissioner declares that the material or any part

of the material is not confidential. If a self-insured pool is found to be in a deficit

condition, the pool shall file a financial plan acceptable to the commissioner to correct

the deficit condition.

2. At least triennially, and at such other times as the insurance commissioner deems

necessary, the commissioner shall inspect and examine the affairs of every

government self-insurance pool. The commissioner shall conduct examinations of

each self-insured government pool and all expenses and costs relating to the

examination must be paid by the pool.

3. The insurance commissioner shall monitor the financial solvency of government

self-insurance pools to ensure that a pool's liabilities for claims, present and

contingent, and other expenses are at no time greater than the pool's assets. The

commissioner may enjoin a self-insured government pool from conducting further

business or take other appropriate regulatory action whenever in the commissioner's

judgment a pool is insolvent or otherwise financially impaired.
N.D. Cent. Code § 26.1-02-30 — ND Code / Title 26.1 / Chapter 26.1-02 / Section 26.1-02-30
26.1-02-30. Consumer assistance records - Confidential
Status: in_force

26.1-02-30. Consumer assistance records - Confidential

1. Personal, financial, or health information related to requests for consumer assistance

received by the commissioner is a confidential record as defined in section 44-04-17.1.

2. As used in this section, "personal, financial, or health information" means information

that would reveal:

a. An individual's personal health condition, disease, or injury;

b. The existence, nature, source, or amount of an individual's personal income;

c. The existence, nature, source, or amount of an individual's personal expenses;

d. Records of or relating to an individual's personal financial transactions of any

kind;

e. The existence, identification, nature, or value of an individual's personal assets,

liabilities, or net worth;

f. A history of an individual's personal medical diagnosis or treatment;

g. The existence, identification, nature, value, or content of an individual's coverage

or status under any insurance policy;

h. An individual's personal contractual rights or obligations; or

i. Any social security number, date of birth, file number, bank account number, or

other number used for identification of an individual or any account in which an

individual has a personal financial interest.

3. The name of a regulated entity that is the subject of a complaint or inquiry is not

"personal, financial, or health information" and is not subject to the restrictions in this

section.
N.D. Cent. Code § 26.1-46-02 — ND Code / Title 26.1 / Chapter 26.1-46 / Section 26.1-46-02
26.1-46-02. Risk retention groups chartered in this state
Status: in_force

26.1-46-02. Risk retention groups chartered in this state

A risk retention group seeking to be chartered in this state must be chartered and licensed

as a liability insurance company authorized by the insurance laws of this state and, except as

provided elsewhere in this chapter, shall comply with all of the laws, rules, regulations, and

requirements applicable to such insurers chartered and licensed in this state and with section

26.1-46-03 to the extent such requirements are not a limitation on laws, rules, regulations, or

requirements of this state. Notwithstanding any other provision to the contrary, all risk retention

groups chartered in this state shall file with the department and the national association of

insurance commissioners an annual statement in a form prescribed by the national association

of insurance commissioners and in diskette form, if required by the commissioner, and

completed in accordance with its instructions and the national association of insurance

commissioners accounting practices and procedures manual. Before it may offer insurance in

any state, each risk retention group doing business in this state, except for a risk retention group

chartered in this state which does business only in this state and which has fewer than

twenty-six resident members or insureds, shall also submit for approval to the insurance

commissioner of this state a plan of operation or a feasibility study and revisions of such plan or

study if the group intends to offer any additional lines of liability insurance. Immediately upon

receipt of an application for charter in this state, the risk retention group shall provide summary

information concerning the filing to the national association of insurance commissioners,

including the name of the risk retention group, the identity of the initial members of the group,

the identity of the individuals who organized the group or who will provide administrative

services or otherwise influence or control the activities of the group, the amount and nature of

initial capitalization, the coverages to be afforded, and the states in which the group intends to

operate. Upon receipt of this information, the commissioner shall forward the information to the

national association of insurance commissioners. Providing notification to the national

association of insurance commissioners is in addition to, and is not sufficient to satisfy, the

requirements of this chapter.
N.D. Cent. Code § 26.1-26.9-02 — ND Code / Title 26.1 / Chapter 26.1-26.9 / Section 26.1-26.9-02
26.1-26.9-02. Licensure of owners
Status: in_force

26.1-26.9-02. Licensure of owners

1. An owner shall obtain from the insurance commissioner and hold a limited lines

license under this section if the owner sells, solicits, or offers coverage for self-service

storage insurance. This section does not require an owner to be licensed solely to

display and make available to occupants and prospective occupants brochures and

other promotional materials created by or on behalf of an authorized insurer or surplus

lines insurer.

2. A limited lines license issued under this section is limited to authorizing an owner and

the owner's employees and authorized representatives to sell, solicit, and offer

coverage for self-service storage insurance to occupants.

3. A limited lines license issued under this section authorizes an owner and the owner's

employees and authorized representatives to sell, solicit, and offer self-service storage

insurance coverage at each location at which the owner conducts business.

4. The owner or supervising entity shall maintain a registry of owner locations authorized

to sell, solicit, or offer self-service storage insurance coverage in this state. Upon

request by the commissioner, and with five days' notice, the owner or supervising

entity shall provide the registry to the commissioner for inspection and examination.

5. Notwithstanding any other provision of law, a license issued under this section

authorizes the licensee and the licensee's employees and authorized representatives

to engage only in activities permitted by this chapter in connection with the business of

insurance unless authorized to do so under another license issued by the

commissioner.
N.D. Cent. Code § 26.1-06.1-43 — ND Code / Title 26.1 / Chapter 26.1-06.1 / Section 26.1-06.1-43
26.1-06.1-43. Distribution of assets
Status: in_force

26.1-06.1-43. Distribution of assets

Under the direction of the court, the liquidator shall pay distributions in a manner that will

assure the proper recognition of priorities and a reasonable balance between the expeditious

completion of the liquidation and the protection of unliquidated and undetermined claims,

including third-party claims. Distribution of assets in kind may be made at valuations set by

agreement between the liquidator and the creditor and approved by the court.
N.D. Cent. Code § 26.1-29-13 — ND Code / Title 26.1 / Chapter 26.1-29 / Section 26.1-29-13
26.1-29-13. Mutual disclosures required in insurance contract
Status: in_force

26.1-29-13. Mutual disclosures required in insurance contract

Each party to an insurance contract shall communicate to the other in good faith all facts

within the party's knowledge which are or which the party believes to be material to the contract

and which the other party has not the means of ascertaining and as to which the party makes no

warranty.
N.D. Cent. Code § 26.1-17-20 — ND Code / Title 26.1 / Chapter 26.1-17 / Section 26.1-17-20
26.1-17-20. Dental and optometric service in accordance with prevailing practice - Emergency service
Status: in_force

26.1-17-20. Dental and optometric service in accordance with prevailing practice -

Emergency service.

All dental or optometric care rendered to a subscriber under the subscriber's contract must

be in accordance with the accepted standards of dental or optometric practice prevailing in the

community in which the service is rendered.

All service must be rendered by dentists and practitioners duly licensed and registered to

practice their profession in this state, except that in case of emergency, and subject to the

approval of the board of directors of the health service corporation, the benefits to which a

subscriber is entitled under the subscriber's contract may be rendered in another state, provided

the services are rendered by a duly licensed dentist or duly licensed practitioner in the other

state.
N.D. Cent. Code § 26.1-38.1-03 — ND Code / Title 26.1 / Chapter 26.1-38.1 / Section 26.1-38.1-03
26.1-38.1-03. Creation of the association
Status: in_force

26.1-38.1-03. Creation of the association

1. There is created a nonprofit legal entity to be known as the North Dakota life and

health insurance guaranty association. All member insurers must be and remain

members of the association as a condition of their authority to transact insurance or a

health maintenance organization business in this state. The association shall perform

its functions under the plan of operation established and approved under section

26.1-38.1-07 and shall exercise its powers through a board of directors established

under section 26.1-38.1-04. For purposes of administration and assessment, the

association shall maintain two accounts:

a. The life insurance and annuity account that includes the following subaccounts:

(1) Life insurance account;

(2) Annuity account, which includes annuity contracts owned by a governmental

retirement plan or its trustee established under section 401, 403(b), or 457

of the United States Internal Revenue Code, but otherwise excludes

unallocated annuities; and

(3) Unallocated annuity account that excludes contracts owned by a

governmental retirement benefit plan or its trustee established under

section 401, 403(b), or 457 of the United States Internal Revenue Code.

b. The health account.

2. The association shall come under the immediate supervision of the commissioner and

is subject to the applicable provisions of the insurance laws of this state. Meetings or

records of the association may be opened to the public upon majority vote of the board

of directors of the association.
N.D. Cent. Code § 26.1-55-04 — ND Code / Title 26.1 / Chapter 26.1-55 / Section 26.1-55-04
26.1-55-04. Application
Status: in_force

26.1-55-04. Application

Chapter 47-30.2, relating to unclaimed property, applies to a contract or policy to the extent

the laws do not conflict with this chapter.
N.D. Cent. Code § 26.1-01-03.3 — ND Code / Title 26.1 / Chapter 26.1-01 / Section 26.1-01-03.3
26.1-01-03.3. Penalty for violation of title
Status: in_force

26.1-01-03.3. Penalty for violation of title

1. Unless otherwise provided by law, a person who violates this title is subject, after

hearing by the commissioner, to payment of an administrative monetary fine of up to

ten thousand dollars for each violation.

2. In addition to or in lieu of a monetary fine, the commissioner, after a hearing, may

require restitution in the amount of direct financial loss be made to any person directly

harmed by a violation of this title. The commissioner may not determine or adjudicate

whether an obligation is owed under a policy or contract of insurance, or require a

person to pay a claim or an amount claimed owed under a policy or contract of

insurance.
N.D. Cent. Code § 26.1-36.4-07 — ND Code / Title 26.1 / Chapter 26.1-36.4 / Section 26.1-36.4-07
26.1-36.4-07. Health benefits package required
Status: repealed

26.1-36.4-07. Health benefits package required

Repealed by S.L. 2013, ch. 236, § 6.
N.D. Cent. Code § 26.1-12-08 — ND Code / Title 26.1 / Chapter 26.1-12 / Section 26.1-12-08
26.1-12-08. License required - Prerequisites to issuance of license
Status: in_force

26.1-12-08. License required - Prerequisites to issuance of license

A mutual insurance company organized under this chapter may not issue policies or

transact any insurance business unless it holds a license from the commissioner authorizing the

transaction of insurance business. The license may not be issued unless and until the company

complies with the following conditions:

1. It must hold bona fide applications for insurance upon which it will issue

simultaneously at least twenty policies to at least twenty members for the same kind of

insurance upon not less than two hundred separate risks, each within the maximum

single risk.

2. It must have collected a premium upon each application. All premiums must be held in

cash or in securities in which insurance companies may invest, and in the case of fire

insurance, must be equal to not less than twice the maximum single risk assumed

subject to one fire nor less than ten thousand dollars, and in any other kind of

insurance as listed in section 26.1-12-11, to not less than five times the maximum

single risk assumed nor less than ten thousand dollars.

3. It must maintain a surplus of at least one million dollars. However, for any company

doing business only in this state, if the minimum assets and surplus requirements

required by this subsection are more than the minimum requirements at the time the

company was issued its original certificate of authority to do business, the company

may maintain assets and surplus which satisfy the requirements in effect at that time.

For all other companies, if the minimum assets and surplus requirements required by

this subsection are more than the minimum requirements required at the time the

company was issued its original certificate of authority, the company shall increase its

surplus of assets over all liabilities according to the following schedule:

a. Two hundred fifty thousand dollars by December 31, 1994.

b. Five hundred thousand dollars by December 31, 1995.

c. Seven hundred fifty thousand dollars by December 31, 1996.

d. One million dollars by December 31, 1997.
N.D. Cent. Code § 26.1-05-21 — ND Code / Title 26.1 / Chapter 26.1-05 / Section 26.1-05-21
26.1-05-21. Real property acquired by domestic company - When sale required
Status: in_force

26.1-05-21. Real property acquired by domestic company - When sale required

All property acquired by a domestic insurance company in any manner specified in

subsections 1, 2, and 3 of section 26.1-05-20 which is not necessary for the accommodation of

the company or for the convenient transaction of its business must be sold and disposed of

within two years after the company has acquired title, and as to any property so acquired which

was necessary for the accommodation of the company or for the convenient transaction of its

business, within two years after the property has ceased to be necessary for the

accommodation of business. A company may not hold any of such property for a period longer

than is specified in this section unless it procures a certificate from the commissioner stating

that the company's interests will suffer materially by the forced sale of the property. If the

certificate is obtained, the time for the sale may be extended to the time the commissioner

directs in the certificate. A company may select real property acquired under subsections 1, 2,

and 3 of section 26.1-05-20 other than real property used primarily for farming and agriculture,

and hold the property as an investment for income, not exceeding the total amount permitted by

law for such purpose, and the property is not subject to the limitations of this section.
N.D. Cent. Code § 26.1-12-21 — ND Code / Title 26.1 / Chapter 26.1-12 / Section 26.1-12-21
26.1-12-21. Reserve fund may be established - Limitation - Use
Status: in_force

26.1-12-21. Reserve fund may be established - Limitation - Use

Any mutual insurance company, at a meeting called for that purpose, may provide for the

accumulation of a permanent fund, in an amount determined from time to time by the board of

directors, by reserving a portion of the net profits for investment as a reserve for the security of

the policyholders. When the fund amounts to five percent of the sum insured by all policies in

force, the whole of the net profits thereafter must be divided among the insureds in cash as

provided in the bylaws of the company. The fund must be used for the payment of losses and

expenses whenever the cash funds of the company in excess of an amount equal to its liabilities

are exhausted.
N.D. Cent. Code § 26.1-54-03 — ND Code / Title 26.1 / Chapter 26.1-54 / Section 26.1-54-03
26.1-54-03. Cooperation of state agencies
Status: in_force

26.1-54-03. Cooperation of state agencies

State agencies shall cooperate with the commissioner and the department of health and

human services to ensure the success of the exchange.
N.D. Cent. Code § 26.1-40.1-08 — ND Code / Title 26.1 / Chapter 26.1-40.1 / Section 26.1-40.1-08
26.1-40.1-08. Duty to cooperate
Status: in_force

26.1-40.1-08. Duty to cooperate

In a claims coverage investigation involving a participating driver, a transportation network

company or its insurer shall cooperate with insurers that are involved in the claims coverage

investigation to facilitate the exchange of information, including the provision of dates and times

at which an accident occurred involving a participating driver and the precise times that the

participating driver logged on and off the transportation network company's online-enabled

application or platform.
N.D. Cent. Code § 26.1-19-14 — ND Code / Title 26.1 / Chapter 26.1-19 / Section 26.1-19-14
26.1-19-14. Examinations
Status: in_force

26.1-19-14. Examinations

1. The commissioner shall make an examination of the operations of any prepaid legal

services organization holding a certificate of authority under this chapter. The

examination must include all contracts, agreements, and arrangements for the delivery

of services under the plan as often as the commissioner deems necessary, but not

less frequently than once every three years.

2. The commissioner shall make an examination concerning the delivery of legal services

of any prepaid legal services organization by reviewing any complaints made by

participants brought against the organization or against providers with whom the

organization has contracts or other agreements as often as the commissioner deems

necessary, but not less frequently than once every three years.

3. Every prepaid legal services organization shall make its books and records relating to

its operations available to the commissioner to facilitate the examination.

4. The commissioner may not undertake an examination which would violate the

attorney-client privilege except with the written consent of the participant.

5. For the purpose of examination, the commissioner may issue subpoenas, administer

oaths to, and examine the officers and insurance producers of the prepaid legal

services organization, as well as any providers of services.
N.D. Cent. Code § 26.1-35-08 — ND Code / Title 26.1 / Chapter 26.1-35 / Section 26.1-35-08
26.1-35-08. Optional reserve calculation
Status: in_force

26.1-35-08. Optional reserve calculation

1. Reserves for all policies and contracts issued prior to July 1, 1977, may be calculated,

at the option of the insurer, according to any standards which produce greater

aggregate reserves for the policies and contracts than the minimum reserves required

by the laws in effect on June 30, 1977.

2. Reserves for any category of policies, contracts, or benefits, as established by the

commissioner, issued on or after July 1, 1977, may be calculated, at the option of the

insurer, according to any standards which produce greater aggregate reserves for the

category than those calculated according to the minimum standard provided in this

chapter, but the rate or rates of interest used for policies and contracts, other than

annuity and pure endowment contracts, may not be greater than the corresponding

rate or rates of interest used in calculating any nonforfeiture benefits provided in the

policies and contracts.

3. An insurer that has adopted any standard of valuation producing greater aggregate

reserves than those calculated according to the minimum standard provided in this

chapter may, with the approval of the commissioner, adopt any lower standard of

valuation, but not lower than the minimum provided in this chapter; provided, however,

that for the purposes of this section, the holding of additional reserves previously

determined by the appointed actuary to be necessary to render the opinion required by

section 26.1-35-01.1 may not be deemed to be the adoption of a higher standard of

valuation.
N.D. Cent. Code § 26.1-13-34 — ND Code / Title 26.1 / Chapter 26.1-13 / Section 26.1-13-34
26.1-13-34. Annual statement to be furnished to members of county mutual company
Status: in_force

26.1-13-34. Annual statement to be furnished to members of county mutual company

The secretary of each county mutual insurance company formed under this chapter shall

prepare and submit to the members of the company, at each annual meeting, a copy of the

annual statement required to be filed with the commissioner under section 26.1-03-07.
N.D. Cent. Code § 26.1-57-08 — ND Code / Title 26.1 / Chapter 26.1-57 / Section 26.1-57-08
26.1-57-08. Enforcement - Penalty
Status: in_force

26.1-57-08. Enforcement - Penalty

1. The commissioner may take action as necessary or appropriate to enforce this chapter

and to protect guaranteed asset protection waiver holders in this state.

2. After proper notice and opportunity for hearing, the commissioner may:

a. Order the creditor, administrator, or any other person not in compliance with this

chapter to cease and desist from further guaranteed asset protection

waiver-related operations that are in violation of this chapter.

b. Impose a penalty of not more than five hundred dollars per violation and no more

than ten thousand dollars in the aggregate for all violations of a similar nature.

For purposes of this chapter, violations are of a similar nature if the violation

consists of the same or similar course of conduct, action, or practice, regardless

of the number of times the conduct or practice determined to be a violation of the

chapter occurred.

c. Order the creditor, administrator, or any other person not in compliance with this

chapter to pay restitution of the guaranteed asset protection waiver purchase

price.
N.D. Cent. Code § 26.1-34.2-03.1 — ND Code / Title 26.1 / Chapter 26.1-34.2 / Section 26.1-34.2-03.1
26.1-34.2-03.1. Producer training
Status: in_force

26.1-34.2-03.1. Producer training

1. A producer may not solicit the sale of an annuity product unless the producer has

adequate knowledge of the product to recommend the annuity and the producer is in

compliance with the insurer's standards for product training. A producer may rely on

insurer-provided product-specific training standards and materials to comply with this

subsection.

2. a. A producer who engages in the sale of annuity products shall complete a

one-time, four-hour training course.

b. The training required under this subsection must include information on the

following topics:

(1) The types of annuities and various classifications of annuities;

(2) Identification of the parties to an annuity;

(3) How fixed, variable, and indexed annuity contract provisions affect

consumers;

(4) The application of income taxation of qualified and nonqualified annuities;

(5) The primary uses of annuities; and

(6) Appropriate standards of conduct, sales practices, replacement, and

disclosure requirements.

c. Providers of courses intended to comply with this subsection shall cover all topics

listed in the prescribed outline and may not present any marketing information or

provide training on sales techniques or provide specific information about a

particular insurer's products. Additional topics may be offered in conjunction with

and in addition to the required outline.

d. A producer who has completed an annuity training course approved by the

insurance department before January 1, 2022, within six months after such date,

shall complete either:

(1) A new four-credit training course approved by the insurance department

after January 1, 2022; or

(2) An additional one-time, one-credit training course approved by the

insurance department and provided by an insurance department-approved

education provider on appropriate sales practices, replacement, and

disclosure requirements under this chapter.

e. Providers of annuity training shall issue certificates of completion.

f. The satisfaction of the training requirements of another state which are

substantially similar to the provisions of this subsection are deemed to satisfy the

training requirements of this subsection in this state.

g. The satisfaction of the components of the training requirements of a course with

components substantially similar to the provisions of this subsection is deemed to

satisfy the training requirements of this subsection in this state.

h. An insurer shall verify that the producer has completed the annuity training

course required under this subsection before allowing the producer to sell an

annuity product for that insurer. An insurer may satisfy the insurer's responsibility

under this subsection by obtaining certificates of completion of the training course

or obtaining reports from a reasonably reliable commercial database vendor that

has a reporting arrangement with insurance education providers.
N.D. Cent. Code § 26.1-07-12 — ND Code / Title 26.1 / Chapter 26.1-07 / Section 26.1-07-12
26.1-07-12. Injunction against transaction of business - Procedure - Operation of company
Status: repealed

26.1-07-12. Injunction against transaction of business - Procedure - Operation of

company.

Repealed by S.L. 1991, ch. 305, § 14.
N.D. Cent. Code § 26.1-53.1-10 — ND Code / Title 26.1 / Chapter 26.1-53.1 / Section 26.1-53.1-10
26.1-53.1-10. Nonrenewal, suspension, or revocation
Status: in_force

26.1-53.1-10. Nonrenewal, suspension, or revocation

The commissioner may suspend the authority of a discount plan organization to enroll new

members or refuse to renew, suspend, or revoke a discount plan organization's registration if,

after notice to the registrant and hearing, the commissioner finds that any of the following

conditions exist:

1. The discount plan organization is not operating in compliance with this chapter;

2. The discount plan organization has advertised, merchandised, or attempted to

merchandise the organization's services in such a manner as to misrepresent the

organization's services or capacity for service or has engaged in deceptive,

misleading, or unfair practices with respect to advertising or merchandising;

3. The discount plan organization is not fulfilling the organization's obligations as a

discount plan organization; or

4. The continued operation of the discount plan organization would be hazardous to the

organization's members.
N.D. Cent. Code § 26.1-24-07 — ND Code / Title 26.1 / Chapter 26.1-24 / Section 26.1-24-07
26.1-24-07. Forfeiture of policy for nonpayment of premium - Notice required
Status: in_force

26.1-24-07. Forfeiture of policy for nonpayment of premium - Notice required

An insurance policy may not be forfeited, suspended, or impaired, by virtue of any condition

or provision of the policy, for nonpayment of any note or obligation taken for the premium, or any

part of the premium, unless the insurer, not less than thirty days prior to the maturity of the

premium, note, or obligation, mails, postage prepaid, to the insured at the insured's usual

post-office address, a notice stating:

1. The date when the note or obligation will become due.

2. The amount of principal and interest that then will be due.

3. The effect of nonpayment upon the policy.

4. The right of the insured, at the insured's election, either to pay the premium in full and

keep the policy in full force or to terminate the insurance by surrendering the policy

and paying such part of the whole premium as it shall have earned.

5. The amount which the insured lawfully is required to pay or which, on account of

previous payment, may be due the insured, in case of the insured's election to

terminate the insurance on the day of the maturity of the premium, note, or obligation.
N.D. Cent. Code § 26.1-02.1-06 — ND Code / Title 26.1 / Chapter 26.1-02.1 / Section 26.1-02.1-06
26.1-02.1-06. Mandatory reporting of fraudulent insurance acts
Status: in_force

26.1-02.1-06. Mandatory reporting of fraudulent insurance acts

1. A person engaged in the business of insurance having knowledge or a reasonable

belief that a fraudulent insurance act is being, will be, or has been committed shall

provide to the commissioner the information required by, and in a manner prescribed

by, the commissioner.

2. Any other person having knowledge or a reasonable belief that a fraudulent insurance

act is being, will be, or has been committed may provide to the commissioner the

information required by, and in a manner prescribed by, the commissioner.

3. A person who provides nonpublic personal information to the commissioner pursuant

to this section does not violate the insurance privacy law under section 26.1-02-27.
N.D. Cent. Code § 26.1-57-04 — ND Code / Title 26.1 / Chapter 26.1-57 / Section 26.1-57-04
26.1-57-04. Contractual liability or other insurance policies
Status: in_force

26.1-57-04. Contractual liability or other insurance policies

1. Contractual liability or other insurance policies insuring guaranteed asset protection

waivers must state the obligation of the insurer to reimburse or pay to the creditor any

sums the creditor is legally obligated to waive under the guaranteed asset protection

waivers issued by the creditor and purchased or held by the borrower.

2. Coverage under a contractual liability or other insurance policy insuring a guaranteed

asset protection waiver also must cover any subsequent assignee upon the

assignment, sale, or transfer of the finance agreement.

3. Coverage under a contractual liability or other insurance policy insuring a guaranteed

asset protection waiver must remain in effect unless canceled or terminated in

compliance with applicable insurance laws of this state.

4. The cancellation or termination of a contractual liability or other insurance policy may

not reduce the insurer's responsibility for guaranteed asset protection waivers issued

by the creditor before the date of cancellation or termination and for which premium

has been received by the insurer.
N.D. Cent. Code § 26.1-44-01 — ND Code / Title 26.1 / Chapter 26.1-44 / Section 26.1-44-01
26.1-44-01. Surplus lines insurance valid
Status: in_force

26.1-44-01. Surplus lines insurance valid

Insurance contracts procured as surplus lines coverage from nonadmitted insurers in

accordance with this chapter are valid and enforceable as to all parties and must be given

recognition in all matters and respects to the same effect as like contracts issued by admitted

insurers.
N.D. Cent. Code § 26.1-03-02.1 — ND Code / Title 26.1 / Chapter 26.1-03 / Section 26.1-03-02.1
26.1-03-02.1. Valuation of securities and other investments
Status: in_force

26.1-03-02.1. Valuation of securities and other investments

1. All securities and investments of insurance companies must be valued in accordance

with published valuation standards of the national association of insurance

commissioners including the accounting practices and procedure manuals and

publications by the valuation of securities office of the national association of insurance

commissioners.

2. All investments of insurance companies authorized to do business in this state, for

which no method of valuation has been otherwise provided, must be valued in the

discretion of the commissioner at their fair market value, appraised value, or at

amounts determined by the commissioner as their fair market value. If any valuation of

an investment by an insurer appears to be an unreasonable estimate of its true value,

the commissioner has the authority to cause the investment to be appraised, and the

appraised value must be substituted as the true value. The appraisal must be made by

two disinterested and competent persons, one to be appointed by the commissioner

and one to be appointed by the insurer. In the event these two persons fail to agree,

they shall appoint a third disinterested and competent person, and the estimate of the

value of the investment, as arrived at by these three persons, must be substituted as

the true value.
N.D. Cent. Code § 26.1-26.8-02 — ND Code / Title 26.1 / Chapter 26.1-26.8 / Section 26.1-26.8-02
26.1-26.8-02. Definitions
Status: in_force

26.1-26.8-02. Definitions

As used in this chapter:

1. "Business entity" has the same meaning as provided in section 26.1-26-02.

2. "Department" means the insurance department.

3. "Home state" means the state in which the principal place of residence or principal

place of business of the public adjuster is located.

4. "Insured" means a person insured under the insurance policy against which the claim

is made.

5. "Public adjuster" means a person that, for compensation, does the following:

a. Acts for or aids an insured in negotiating for or effecting the settlement of a

first-party claim for loss or damage to real or personal property of the insured;

b. Advertises for employment as a public adjuster of first-party claims or otherwise

solicits business or represents to the public the person is a public adjuster of

first-party claims for loss or damage to real or personal property of an insured; or

c. Solicits the business of investigating or adjusting losses or of advising an insured

about first-party claims for loss or damage to real or personal property of the

insured.

6. "Uniform business entity application" means the uniform business entity application

prescribed by the commissioner which conforms substantially to the uniform business

entity application for resident and nonresident business entities adopted by the

national association of insurance commissioners.

7. "Uniform individual application" means the uniform individual application prescribed by

the commissioner which conforms substantially to the uniform application for individual

adjuster licensing adopted by the national association of insurance commissioners.