{"data":{"id":"us-nc/n.c.-gen.-stat.-58-28-14","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 58-28-14","heading":"Monetary penalty; factors to be considered.","body":"In determining the amount of the penalty under G.S. 58-28-13, the Commissioner shall consider:\n(1)\tThe amount of money that inured to the benefit of the violator as a result of the violation,\n(2)\tWhether the violation was committed willfully.\n(3)\tThe prior record of the violator in complying or failing to comply with laws, rules, or orders applicable to the violator.\n(4)\tThe failure of the violator to provide timely and complete responses to the Department's inquiries about the violator's insurance activities in North Carolina.\n(5)\tThe extent and degree to which the violator marketed its insurance product in this State.\n(6)\tThe extent to which the violator's marketing materials, including fax solicitations, websites, circulars, or other forms of advertisement or solicitations through any medium, were deceptive or misleading to residents of this State.\n(7)\tThe number of residents of this State who enrolled in the violator's insurance plan.\n(8)\tThe number of policies and amount of insurance coverage issued by the violator to residents of this State.\n(9)\tThe failure of the violator to promptly refund premiums and other consideration paid by residents of this State for insurance coverage issued by the violator upon requests by the residents of this State or the Department.\n(10)\tThe extent and degree of harm to residents of this State. In assessing the extent and degree of harm, the Commissioner shall consider, among other things, the amount of premiums and other consideration paid by residents of this State for coverage issued by the violator, the failure of the violator to pay claims made by residents of this State, and number and dollar amount of claims made by residents of this State that the violator has failed to pay.\n(11)\tWhether the violator has a prior record of violating this Article or the unauthorized insurance laws of any other state. \"Prior record\" includes final administrative orders issued by the Commissioner or insurance regulator of any other state; federal or state criminal convictions, including pleas of guilty or nolo contendere; civil judgments; and written settlement agreements of state administrative proceedings, state or federal criminal proceedings, or civil lawsuits against the violator or any entity of which the violator was either a principal or owner. (2008-124, s. 3.4; 2025-25, s. 29(5).)","path":["Chapter 58. Insurance.","Article 28. Unauthorized Insurers."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_58/GS_58-28-14.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:06:53Z","sha256":"04b33667045240455c87f7469ddb6b080fb97063452294fb32dfb61dc73b9d77","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-58-28-13","next":"us-nc/n.c.-gen.-stat.-58-28-15"},"notice":"GroundRules: Original legal text. Not legal advice."}