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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXII CORPORATIONS
  • CHAPTER 175 INSURANCE
  • Section 223C Remedies for violations of Secs. 213 to 223E

[Text of section applicable as provided by 2012, 434, Sec. 4.]

Section 223C. (a) If a person violates any provisions of sections 213 to 223E, inclusive, or any rule or regulation promulgated thereunder, the commissioner may seek an injunction in a court of competent jurisdiction in the county wherein the person resides or has a principal place of business and may apply for temporary and permanent orders that the commissioner determines necessary to restrain the person from further committing the violation.

(b) A person damaged by the acts of another person in violation of any provisions of sections 213 to 223E, inclusive, or any rule or regulation promulgated thereunder may bring a civil action for damages against the person committing the violation in a court of competent jurisdiction.

(c) The commissioner may issue a cease and desist order, in accordance with chapter 30A, upon a person who violates any provision of sections 213 to 223E, inclusive, any regulation, rule or order adopted by the commissioner or any written agreement entered into with the commissioner.

(d) When the commissioner finds that an action presents an immediate danger to the public and requires immediate action, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order shall be effective immediately upon service of a copy of the order on the respondent and shall remain effective for 90 days. If the commissioner begins nonemergency cease and desist proceedings under subsection (c), the emergency cease and desist order shall remain effective, absent an order by an appellate court pursuant to chapter 30A. In the event of a willful violation of this act, the trial court may award statutory damages in addition to actual damages in an amount up to 3 times the actual damage award.

(e) Sections 213 to 223E, inclusive, shall not be waived by any agreement. Except for a valid agreement under subsection (a) of section 223, a choice of law provision shall not be utilized to prevent the application of said sections 213 to 223E, inclusive, to a life settlement contract in which a party to the life settlement contract is a resident of the commonwealth.