N.Y. Insurance Law § 109: Penalties; civil actions

§ 109. Penalties; civil actions. (a) Every violation of any provision

of this chapter shall, unless the same constitutes a felony, be a

misdemeanor.

(b) Every penalty imposed by this section shall be in addition to any

penalty or forfeiture otherwise provided by law.

(c) (1) If the superintendent finds after notice and hearing that any

authorized insurer, representative of the insurer, licensed insurance

agent, licensed insurance broker, licensed adjuster, or any other person

or entity licensed, certified, registered, or authorized pursuant to

this chapter, has willfully violated the provisions of this chapter or

any regulation promulgated thereunder or with respect to accident and

health insurance, any provision of titles one or two of division BB of

the Consolidated Appropriations Act of 2021 (Pub. L. No. 116-260), as

may be amended from time-to-time, and any regulations promulgated

thereunder, then the superintendent may order the person or entity to

pay to the people of this state a penalty in a sum not exceeding one

thousand dollars for each offense.

(2) Failure to pay such penalty within thirty days after the order,

unless it is suspended by an order of a court of competent jurisdiction,

shall constitute a further violation of the provisions of this chapter.

(3) No penalty shall be imposed pursuant to this subsection if a

monetary penalty is otherwise provided in this chapter.

(d) The superintendent may maintain a civil action in the name of the

people of the state to recover a judgment for a money penalty imposed by

law for the violation of any provision of this chapter.