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Under Ins. Code § 790.035, what is the maximum civil penalty per non-willful violation of the Unfair Insurance Practices Act, and what is the maximum per willful violation?

A$500 non-willful; $1,000 willful
$5,000 non-willful; $10,000 willful
C$50,000 non-willful; $100,000 willful
DNo cap — penalties are set at the Commissioner's discretion without limit

Why this is the answer

Ins. Code § 790.035 sets the monetary penalty schedule for violations of the Unfair Insurance Practices Act. Each non-willful violation of § 790.03 may carry a civil penalty up to $5,000, and each willful violation up to $10,000. The penalty is per act, so a pattern of, say, 100 wrongful claim denials can stack into a multi-million-dollar exposure. The penalties are imposed by the Commissioner after notice and hearing under the Administrative Procedure Act and are deposited in the General Fund. See Ins. Code § 790.035.

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