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<section article="gin" article_name="Insurance" number="8-206" title_number="8" title_name="Entities That Act as Insurers" subtitle_number="2" subtitle_name="Managing General Agents">
  <level label="a">
    <text>The Commissioner shall deny or refuse to renew a certificate of qualification if the applicant or holder of the certificate of qualification:</text>
    <level label="1">
      <text>has willfully violated this article or another law of the State that relates to insurance;</text>
    </level>
    <level label="2">
      <text>has intentionally misrepresented or concealed a material fact in an application for a certificate of qualification;</text>
    </level>
    <level label="3">
      <text>has obtained or attempted to obtain a certificate of qualification by misrepresentation, concealment, or other fraud;</text>
    </level>
    <level label="4">
      <text>has misappropriated, converted, or unlawfully withheld money that belongs to an insurer, insurance producer, beneficiary, or insured;</text>
    </level>
    <level label="5">
      <text>has willfully and materially misrepresented the provisions of a policy;</text>
    </level>
    <level label="6">
      <text>has committed fraudulent or dishonest practices in the insurance business;</text>
    </level>
    <level label="7">
      <text>has participated, with or without the knowledge of an insurer, in selling motor vehicle insurance without the intention to sell the insurance, as evidenced by a persistent pattern of filing certificates of insurance together with or closely followed by cancellation notices for the insurance;</text>
    </level>
    <level label="8">
      <text>has been convicted by final judgment in any state or federal court of a crime involving moral turpitude;</text>
    </level>
    <level label="9">
      <text>has knowingly participated in writing or issuing substantial over-insurance of property insurance risks;</text>
    </level>
    <level label="10">
      <text>has failed to pass an examination required by this subtitle;</text>
    </level>
    <level label="11">
      <text>has willfully failed to comply with or has willfully violated a proper order or regulation of the Commissioner;</text>
    </level>
    <level label="12">
      <text>has failed or refused to pay over on demand money that belongs to an insurer, insurance producer, or other person entitled to the money;</text>
    </level>
    <level label="13">
      <text>has otherwise shown a lack of trustworthiness or competence to act as a managing general agent;</text>
    </level>
    <level label="14">
      <text>is not or does not intend to carry on business in good faith and represent to the public that the person is a managing general agent;</text>
    </level>
    <level label="15">
      <text>has been denied a license or certificate as a managing general agent or has had a license or certificate suspended or revoked in another state;</text>
    </level>
    <level label="16">
      <text>has intentionally or willfully made or issued, or caused to be made or issued, a statement that materially misrepresents or makes incomplete comparisons about the terms or conditions of a policy or contract issued by an authorized insurer, for the purpose of inducing or attempting to induce the owner of the policy or contract to forfeit or surrender it or allow it to lapse in order to replace it with another; or</text>
    </level>
    <level label="17">
      <text>has transacted insurance business that was directed to the applicant or holder for consideration by a person whose license or certificate to engage in the insurance business at the time was suspended or revoked, and the applicant or holder knew or should have known of the suspension or revocation.</text>
    </level>
  </level>
  <level label="b">
    <text>The Commissioner shall deny a certificate of qualification to an applicant or refuse to renew, suspend, or revoke a certificate of qualification if the applicant or holder of the certificate of qualification:</text>
    <level label="1">
      <text>is insolvent;</text>
    </level>
    <level label="2">
      <text>is conducting business fraudulently;</text>
    </level>
    <level label="3">
      <text>unreasonably refuses or delays payment to claimants of amounts due them;</text>
    </level>
    <level label="4">
      <text>fails to pay any final judgment entered against the applicant or holder in the State within 60 days after the judgment becomes final;</text>
    </level>
    <level label="5">
      <text>has a certificate of qualification revoked or suspended by the insurance regulatory authority in another state;</text>
    </level>
    <level label="6">
      <text>is found by the Commissioner to be in:</text>
      <level label="i">
        <text>an unsound condition; or</text>
      </level>
      <level label="ii">
        <text>a condition that makes further transaction of business hazardous to policyholders or the public; or</text>
      </level>
    </level>
    <level label="7">
      <text>refuses to:</text>
      <level label="i">
        <text>be examined;</text>
      </level>
      <level label="ii">
        <text>produce its accounts, records, and files for examination by the Commissioner; or</text>
      </level>
      <level label="iii">
        <text>provide additional information that the Commissioner requests while considering an application for renewal of a certificate of qualification.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>The Commissioner may suspend or revoke a certificate of qualification for any ground listed in § 10-126 of this article.</text>
  </level>
  <level label="d">
    <text>Instead of or in addition to denying, refusing to renew, suspending, or revoking a certificate of qualification, the Commissioner may:</text>
    <level label="1">
      <text>impose a penalty of not less than $100 but not exceeding $50,000 for each violation of this article;</text>
    </level>
    <level label="2">
      <text>require that restitution be made to any person that has suffered financial injury because of the violation of this article; and</text>
    </level>
    <level label="3">
      <text>impose any other penalty authorized by this article.</text>
    </level>
  </level>
  <level label="e">
    <text>This section does not limit the rights of policyholders or claimants.</text>
  </level>
</section>
