Section 221.35 - Recovery of premiums owed(a) An insured, agent, broker, premium finance company or any other person responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency whether earned or unearned as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. Credits and/or setoff shall not be allowed to an agent, broker or premium finance company on account of any credits volunteered by such person.(b) Upon satisfactory evidence of a violation of this section, the Insurance Commissioner may, in his discretion, pursue any one or more of the following courses of action: (1) Suspend or revoke or refuse to renew the licenses of such offending party or parties.(2) Impose a penalty of not more than one thousand dollars ($1,000) for each and every act in violation of this section by said party or parties. Before the Insurance Commissioner shall take any action as above set forth, he shall give written notice to the person, company, association, or exchange accused of violating the law, stating specifically the nature of the alleged violation, and fixing a time and place, at least ten days thereafter, when a hearing of the matter shall be held. After such hearing, or upon failure of the accused to appear at such hearing, the Insurance Commissioner shall impose such of the above penalties as he deems advisable.
When the Insurance Commissioner shall take action in any or all of the ways above recited, the party aggrieved may appeal from said action to the Commonwealth Court.
1921, May 17, P.L. 789, art. V, § 535, added 1977, Dec. 14, P.L. 280, No. 92, § 2, imd. effective.