North Carolina General Statutes Chapter 58 Insurance

Article 1 - Title and Definitions.

  • N.C. Gen. Stat. § 58-1-1.   Title of the Chapter
    Articles 1 through 64 of this Chapter may be cited and shall be known as the Insurance Law. (1899, c. 54; Rev., s. 4677;...
  • N.C. Gen. Stat. § 58-1-5.   Definitions
    In this Chapter, unless the context clearly requires otherwise: (1) "Alien company" means a company incorporated or organized under the laws of any jurisdiction...
  • N.C. Gen. Stat. § 58-1-10.   Contract of insurance
    A contract of insurance is an agreement by which the insurer is bound to pay money or its equivalent or to do some act...
  • N.C. Gen. Stat. § 58-1-15.   Warranties by manufacturers, distributors, or sellers of goods or services
    (a) As used in this section: (1) "Goods" means all things that are moveable at the time of sale or at the time the...
  • N.C. Gen. Stat. § 58-1-20.   Real property warranties
    (a) Any warranty relating to fixtures to real property issued by a person is a contract of insurance, except the following: (1) A warranty...
  • N.C. Gen. Stat. § 58-1-25.   Recodified as G.S. 66-370 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007
  • N.C. Gen. Stat. § 58-1-30.   Recodified as G.S. 66-371 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007
  • N.C. Gen. Stat. § 58-1-35.   Recodified as G.S. 66-372 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007
  • N.C. Gen. Stat. § 58-1-36.   Recodified as G.S. 66-373 by Session Laws 2007-95, ss. 2-5, effective October 1, 2007
  • N.C. Gen. Stat. § 58-1-40.   Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 730, s. 3
  • N.C. Gen. Stat. § 58-1-42.   Recodified as G.S. 66-374 by Session Laws 2007-95, s. 6, effective October 1, 2007
  • N.C. Gen. Stat. § 58-1-43, 58-1-50.   Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 730, s. 3

Article 2 - Commissioner of Insurance.

  • N.C. Gen. Stat. § 58-2-1.   Department established
    The Department is hereby established as a separate and distinct department, which is charged with the execution of laws relating to insurance and other...
  • N.C. Gen. Stat. § 58-2-5.   Commissioner's election and term of office
    The chief officer of the Insurance Department shall be called the Commissioner of Insurance; whenever in the statutes of this State the words "Insurance...
  • N.C. Gen. Stat. § 58-2-10.   Salary of Commissioner
    The salary of the Commissioner shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set...
  • N.C. Gen. Stat. § 58-2-15.   Chief deputy commissioner
    The Commissioner shall appoint and may remove at his discretion a chief deputy commissioner, who, in the event of the absence, death, resignation, disability...
  • N.C. Gen. Stat. § 58-2-20.   Chief actuary
    The Commissioner shall appoint and may remove at his discretion a chief actuary, who shall receive such compensation as fixed and provided by the...
  • N.C. Gen. Stat. § 58-2-25.   Other deputies, actuaries, examiners and employees
    (a) The Commissioner shall appoint or employ such other deputies, actuaries, economists, financial analysts, financial examiners, licensed attorneys, rate and policy analysts, accountants, fire...
  • N.C. Gen. Stat. § 58-2-30.   Appointments of committees or councils
    (a) As used in this section, the term "committee" means a collective body that consults with and advises the Commissioner or his designee in...
  • N.C. Gen. Stat. § 58-2-31.   Seniors' Health Insurance Information Program
    The Seniors' Health Insurance Information Program is established within the Department as a statewide health benefits counseling program to provide the State's Medicare beneficiaries...
  • N.C. Gen. Stat. § 58-2-35.   Seal of Department
    The Commissioner, with the approval of the Governor, shall devise a seal, with suitable inscription, for his office, a description of which, with the...
  • N.C. Gen. Stat. § 58-2-40.   Powers and duties of Commissioner
    The Commissioner shall: (1) See that all laws of this State that the Commissioner is responsible for administering and the provisions of this Chapter...
  • N.C. Gen. Stat. § 58-2-45.   Orders of Commissioner; when writing required
    Whenever by any provision of Articles 1 through 64 of this Chapter, the Commissioner is authorized to grant any approval, authorization or permission or...
  • N.C. Gen. Stat. § 58-2-46.   State of disaster automatic stay of proof of loss requirements; premium and debt deferrals; loss adjustments for separate windstorm policies
    Whenever (i) a state of disaster is proclaimed for the State or for an area within the State under G.S. 166A-19.21 or whenever the...
  • N.C. Gen. Stat. § 58-2-47.   Incident affecting operations of the Department; stay of deadlines and deemer provisions
    Regardless of whether a state of emergency or disaster has been proclaimed under G.S. 166A-19.20 or G.S. 166A-19.21 or declared under the Stafford Act,...
  • N.C. Gen. Stat. § 58-2-50.   Examinations, hearings, and investigations
    All examinations, hearings, and investigations provided for by this Chapter may be conducted by the Commissioner personally or by one or more deputies, investigators,...
  • N.C. Gen. Stat. § 58-2-52.   Appeals and rate-making hearings before the Commissioner
    (a) The Commissioner may adopt rules for the hearing of appeals by the Commissioner or the Commissioner's designated hearing officer under G.S. 58-36-35, 58-37-65,...
  • N.C. Gen. Stat. § 58-2-53.   Filing approvals and disapprovals; clarification of law
    Whenever any provision of this Chapter requires a person to file rates, forms, classification plans, rating plans, plans of operation, the Safe Driver Incentive...
  • N.C. Gen. Stat. § 58-2-55.   Designated hearing officers
    In any contested case under this Chapter or Article 9A or Article 9B of Chapter 143 of the General Statutes, the Commissioner may designate...
  • N.C. Gen. Stat. § 58-2-60.   Restraining orders; criminal convictions
    (a) Whenever it appears to the Commissioner that any person has violated, is violating, or threatens to violate any provision of Articles 1 through...
  • N.C. Gen. Stat. § 58-2-65.   License surrenders
    This section applies to persons or entities licensed under Articles 1 through 64, 65 and 66, 67, 69, 70, or 71 of this Chapter,...
  • N.C. Gen. Stat. § 58-2-69.   Notification of criminal convictions and changes of address; service of notice; contracts for online services, administrative services, or regulatory data systems
    (a) As used in this section: (1) "License" includes any license, certificate, registration, or permit issued under this Chapter. (2) "Licensee" means any person...
  • N.C. Gen. Stat. § 58-2-70.   Civil penalties or restitution for violations; administrative procedure
    (a) This section applies to any person who is subject to licensure or certification under this Chapter. (b) Whenever the Commissioner has reason to...
  • N.C. Gen. Stat. § 58-2-75.   Court review of orders and decisions
    (a) Any order or decision made, issued or executed by the Commissioner, except an order to make good an impairment of capital or surplus...
  • N.C. Gen. Stat. § 58-2-80.   Court review of rates and classification
    Any order or decision of the Commissioner that the premium rates charged or filed on all or any class of risks are excessive, inadequate,...
  • N.C. Gen. Stat. § 58-2-85.   Procedure on appeal under 58-2-80
    Appeals to the North Carolina Court of Appeals pursuant to G.S. 58-2-80 shall be subject to the following provisions: (1) No party to a...
  • N.C. Gen. Stat. § 58-2-90.   Extent of review under 58-2-80
    (a) On appeal the court shall review the record in accordance with the rules of the Court of Appeals, and any alleged irregularities in...
  • N.C. Gen. Stat. § 58-2-95.   Commissioner to supervise local inspectors
    The Commissioner shall exercise general supervision over local investigators of fires and fire prevention inspectors. Whenever the Commissioner has reason to believe that the...
  • N.C. Gen. Stat. § 58-2-100.   Office of Commissioner a public office; records, etc., subject to inspection
    The office of the Commissioner shall be a public office and the records, reports, books and papers thereof on file therein shall be accessible...
  • N.C. Gen. Stat. § 58-2-105.   Confidentiality of medical and credentialing records
    (a) All patient medical records in the possession of the Department are confidential and are not public records pursuant to G.S. 58-2-100 or G.S....
  • N.C. Gen. Stat. § 58-2-110.   Original documents and certified copies as evidence
    Every certificate, assignment, or conveyance executed by the Commissioner, in pursuance of any authority conferred on him by law and sealed with his seal...
  • N.C. Gen. Stat. § 58-2-115.   Admissibility of certificate as evidence of agent's authority
    In any case or controversy arising in any court of original jurisdiction within this State wherein it is necessary to establish the question as...
  • N.C. Gen. Stat. § 58-2-120.   Reports of Commissioner to the Governor and General Assembly
    The Commissioner shall, from time to time, report to the Governor and the General Assembly any change or changes that in the Commissioner's opinion...
  • N.C. Gen. Stat. § 58-2-125.   Authority over all insurance companies; no exemptions from license
    Every insurance company must be licensed and supervised by the Commissioner, and must pay all licenses, taxes, and fees as prescribed in the insurance...
  • N.C. Gen. Stat. § 58-2-128.   Interagency consultation
    (a) Purpose. - It is the stated intention of the Congress in P.L. 106-102, the Gramm-Leach-Bliley Act, that the Board of Governors of the...
  • N.C. Gen. Stat. § 58-2-130.   Repealed by Session Laws 1991, c. 681, s. 3
  • N.C. Gen. Stat. § 58-2-131.   Examinations to be made; authority, scope, scheduling, and conduct of examinations
    (a) This section and G.S. 58-2-132 through G.S. 58-2-134 shall be known and may be cited as the Examination Law. The purpose of the...
  • N.C. Gen. Stat. § 58-2-132.   Examination reports
    (a) All examination reports shall comprise only facts appearing upon the books, records, or other documents of the entity, its agents or other persons...
  • N.C. Gen. Stat. § 58-2-133.   Conflict of interest; cost of examinations; immunity from liability
    (a) No person may be appointed as an examiner by the Commissioner if that person, either directly or indirectly, has a conflict of interest...
  • N.C. Gen. Stat. § 58-2-134.   Cost of certain examinations
    (a) An insurer shall reimburse the State Treasurer for the actual expenses incurred by the Department in any examination of those records or assets...
  • N.C. Gen. Stat. § 58-2-135.   Repealed by Session Laws 1991, c. 681, s. 3
  • N.C. Gen. Stat. § 58-2-136.   Insurer records sent to Department for examination; expenses
    (a) As used in this section, "records" means all data relating to the property, assets, business, and affairs of the insurer being examined. (b)...
  • N.C. Gen. Stat. § 58-2-140.   Repealed by Session Laws 1991, c. 681, s. 3
  • N.C. Gen. Stat. § 58-2-145.   Repealed by Session Laws 1997-362, s. 7
  • N.C. Gen. Stat. § 58-2-150.   Oath required for compliance with law
    Before issuing a license to any insurance company to transact the business of insurance in this State, the Commissioner shall require, in every case,...
  • N.C. Gen. Stat. § 58-2-155.   Investigation of charges
    Upon his own motion or upon complaint being filed by a citizen of this State that a company authorized to do business in the...
  • N.C. Gen. Stat. § 58-2-160.   Reporting and investigation of insurance and reinsurance fraud and the financial condition of licensees; immunity from liability
    (a) As used in this section, "Commissioner" includes an employee, agent, or designee of the Commissioner. A person, or an employee or agent of...
  • N.C. Gen. Stat. § 58-2-161.   False statement to procure or deny benefit of insurance policy or certificate
    (a) For the purposes of this section: (1) "Insurer" has the same meaning as in G.S. 58-1-5(3) and also includes: a. Any hull insurance...
  • N.C. Gen. Stat. § 58-2-162.   Embezzlement by insurance agents, brokers, or administrators
    If any insurance agent, broker, or administrator embezzles or fraudulently converts to his own use, or, with intent to use or embezzle, takes, secretes,...
  • N.C. Gen. Stat. § 58-2-163.   Report to Commissioner
    Whenever any insurance company, or employee or representative of such company, or any other person licensed or registered under Articles 1 through 67 of...
  • N.C. Gen. Stat. § 58-2-164.   Rate evasion fraud; prevention programs
    (a) The following definitions apply in this section: (1) "Applicant" means one or more persons applying for the issuance or renewal of an auto...
  • N.C. Gen. Stat. § 58-2-165.   Annual, semiannual, monthly, or quarterly statements to be filed with Commissioner
    (a) Except as provided in subsection (a1) of this section, every insurance company shall file in the Commissioner's office, on or before March 1...
  • N.C. Gen. Stat. § 58-2-170.   Annual statements by professional liability insurers; medical malpractice claim reports
    (a) In addition to the financial statements required by G.S. 58-2-165, every insurer, self-insurer, and risk retention group that provides professional liability insurance in...
  • N.C. Gen. Stat. § 58-2-171.   Qualifications of actuaries
    The Commissioner may adopt rules setting forth requisite qualifications of consulting actuaries for the sole purpose of qualifying them to certify financial statements filed...
  • N.C. Gen. Stat. § 58-2-175.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-2-180.   Punishment for making false statement
    If any person in any financial or other statement required by this Chapter willfully misstates information, that person making oath to or subscribing the...
  • N.C. Gen. Stat. § 58-2-185.   Record of business kept by companies and agents; Commissioner may inspect
    All companies, agents, or brokers doing any kind of insurance business in this State must make and keep a full and correct record of...
  • N.C. Gen. Stat. § 58-2-190.   Commissioner may require special reports
    The Commissioner may also address to any authorized insurer, statistical organization, joint underwriting or joint reinsurance organization, or the North Carolina Rate Bureau or...
  • N.C. Gen. Stat. § 58-2-195.   Commissioner may require records, reports, etc., for agencies, agents and others
    (a) The Commissioner is empowered to make and promulgate reasonable rules and regulations governing the recording and reporting of insurance business transactions by insurance...
  • N.C. Gen. Stat. § 58-2-200.   Books and papers required to be exhibited
    It is the duty of any person having in his possession or control any books, accounts, or papers of any company licensed under Articles...
  • N.C. Gen. Stat. § 58-2-205.   CPA audits of financial statements
    The Commissioner may adopt rules to provide for audits and opinions of insurers' financial statements by certified public accountants. These rules shall be substantially...
  • N.C. Gen. Stat. § 58-2-210.   Rules for mortgage insurance consolidations
    The Commissioner is authorized to adopt rules governing mortgage insurance consolidations and related rules concerning unfair rate discrimination. In the event the Commissioner adopts...
  • N.C. Gen. Stat. § 58-2-215.   Consumer Protection Fund
    (a) A special fund is created in the Office of the State Treasurer, to be known as the Department of Insurance Consumer Protection Fund....
  • N.C. Gen. Stat. § 58-2-220.   Insurance Regulatory Information System and similar program test data not public records
    Except as provided in G.S. 58-4-25, financial test ratios, data, or information generated by the Commissioner pursuant to the NAIC Insurance Regulatory Information System,...
  • N.C. Gen. Stat. § 58-2-225.   Repealed by Session Laws 1995, c. 193, s. 8
  • N.C. Gen. Stat. § 58-2-230.   Commissioner to share information with Department of Labor
    The Commissioner shall provide or cause to be provided to the Department of Labor, on an annual basis, the name and business address of...
  • N.C. Gen. Stat. § 58-2-235.   Expired
  • N.C. Gen. Stat. § 58-2-240.   Market conduct analysis, financial analysis, and related information not public record
    (a) Notwithstanding Chapter 132 of the General Statutes, all market analysis, documents arising from market conduct action, and financial statement analysis work papers are...
  • N.C. Gen. Stat. § 58-2-245.   Access to employer taxpayer identification numbers contained in public documents
    Notwithstanding G.S. 132-1.10(b)(5), the Department is not required to redact an employer taxpayer identification number on documents that may be made available to the...
  • N.C. Gen. Stat. § 58-2-250.   Electronic filings
    (a) As used in this section: (1) "Commissioner's designee" includes the National Insurance Producer Registry of the NAIC. (2) "License" includes any license, certificate,...
  • N.C. Gen. Stat. § 58-2-255.   Electronic insurance communications and records
    (a) Definitions. - As used in this section: (1) "Communications" means notices, offers, disclosures, documents, forms, information, and correspondence required or permitted to be...

Article 3 - General Regulations for Insurance.

  • N.C. Gen. Stat. § 58-3-1.   State law governs insurance contracts
    All contracts of insurance on property, lives, or interests in this State shall be deemed to be made therein, and all contracts of insurance...
  • N.C. Gen. Stat. § 58-3-5.   No insurance contracts except under Articles 1 through 64 of this Chapter
    Except as provided in G.S. 58-3-6, it is unlawful for any company to make any contract of insurance upon or concerning any property or...
  • N.C. Gen. Stat. § 58-3-6.   Charitable gift annuities
    (a) A charitable organization as described in section 501(c)(3) or section 170(c) of the Internal Revenue Code or an educational institution may receive a...
  • N.C. Gen. Stat. § 58-3-10.   Statements in application not warranties
    All statements or descriptions in any application for a policy of insurance, or in the policy itself, shall be deemed representations and not warranties,...
  • N.C. Gen. Stat. § 58-3-15.   Additional or coinsurance clause
    No insurance company or agent licensed to do business in this State may issue any policy or contract of insurance covering property in this...
  • N.C. Gen. Stat. § 58-3-20.   Group plans other than life, annuity or accident and health
    No policy of insurance other than life, annuity or accident and health may be written in North Carolina on a group plan which insures...
  • N.C. Gen. Stat. § 58-3-25.   Discriminatory practices prohibited
    (a) No insurer shall after September 1, 1975, base any standard or rating plan for private passenger automobiles or motorcycles, in whole or in...
  • N.C. Gen. Stat. § 58-3-30.   Meaning of terms "accident", "accidental injury", and "accidental means"
    (a) This section applies to the provisions of all group life, group accident, group health, and group accident and health insurance policies and group...
  • N.C. Gen. Stat. § 58-3-33.   Insurer conditionally required to provide information
    (a) A person who claims to have been physically injured or to have incurred property damage where such injury or damage is subject to...
  • N.C. Gen. Stat. § 58-3-35.   Stipulations as to jurisdiction and limitation of actions
    (a) No insurer, self-insurer, service corporation, HMO, MEWA, continuing care provider, viatical settlement provider, or professional employer organization licensed under this Chapter shall make...
  • N.C. Gen. Stat. § 58-3-40.   Proof of loss forms required to be furnished
    When any company under any insurance policy requires a written proof of loss after notice of such loss has been given by the insured...
  • N.C. Gen. Stat. § 58-3-45.   Insurance as security for a loan by the company
    Where an insurance company, as a condition for a loan by such company, of money upon mortgage or other security, requires that the borrower...
  • N.C. Gen. Stat. § 58-3-50.   Companies must do business in own name; emblems, insignias, etc
    Every insurance company or group of companies must conduct its business in the State in, and the policies and contracts of insurance issued by...
  • N.C. Gen. Stat. § 58-3-55.   Must not pay death benefits in services
    No insurance company now doing business in this State or that may hereafter be authorized to do business in this State issuing contracts providing...
  • N.C. Gen. Stat. § 58-3-60.   Publication of assets and liabilities; penalty for failure
    When any company publishes its assets, it must in the same connection and with equal conspicuousness publish its liabilities computed on the basis allowed...
  • N.C. Gen. Stat. § 58-3-65.   Publication of financial information
    Notwithstanding any other provision of the laws of this State an insurer may, subject to requirements set forth by regulation promulgated by the Commissioner,...
  • N.C. Gen. Stat. § 58-3-70.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-3-71.   Unearned premium reserves
    (a) Every insurance company, other than a life or real estate title insurance company, shall maintain reserves equal to the unearned portions of the...
  • N.C. Gen. Stat. § 58-3-72.   Premium deficiency reserves
    (a) In determining the financial condition of any casualty, fidelity, and surety company and any fire and marine company referred to in G.S. 58-7-75,...
  • N.C. Gen. Stat. § 58-3-75.   Loss and loss expense reserves of fire and marine insurance companies
    In any determination of the financial condition of any fire or marine or fire and marine insurance company authorized to do business in this...
  • N.C. Gen. Stat. § 58-3-80.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-3-81.   Loss and loss expense reserves of casualty insurance and surety companies
    (a) In determining the financial condition of any casualty insurance or surety company and in any financial statement or report of any such company,...
  • N.C. Gen. Stat. § 58-3-85.   Corporation or association maintaining office in State required to qualify and secure license
    Any corporation or voluntary association, other than an association of companies, the members of which are licensed in this State, issuing contracts of insurance...
  • N.C. Gen. Stat. § 58-3-90.   Repealed by Session Laws 2001-223, s. 2.1
  • N.C. Gen. Stat. § 58-3-95.   Repealed by Session Laws 1991, c. 720, s. 71
  • N.C. Gen. Stat. § 58-3-100.   Insurance company licensing provisions
    (a) The Commissioner may, after notice and opportunity for a hearing, revoke, suspend, or restrict the license of any insurer if: (1) The insurer...
  • N.C. Gen. Stat. § 58-3-102.   Request for determination of coverage for transplants under health benefit payment mechanisms; required response time; penalties
    (a) As used in this section, "insurer" means any payer of health benefits that is subject to Articles 1 through 66 of this Chapter....
  • N.C. Gen. Stat. § 58-3-105.   Limitation of risk
    Except as otherwise provided in Articles 1 through 64 of this Chapter, no insurer doing business in this State shall expose itself to any...
  • N.C. Gen. Stat. § 58-3-110.   Limitation of liability assumed
    (a) No company transacting fidelity or surety business in this State shall expose itself to any loss on any one fidelity or surety risk...
  • N.C. Gen. Stat. § 58-3-115.   Twisting with respect to insurance policies; penalties
    No insurer shall make or issue, or cause to be issued, any written or oral statement that willfully misrepresents or willfully makes an incomplete...
  • N.C. Gen. Stat. § 58-3-120.   Discrimination forbidden
    (a) No company doing the business of insurance as defined in G.S. 58-7-15 shall make any discrimination in favor of any person. (b) Discrimination...
  • N.C. Gen. Stat. § 58-3-121.   Discrimination against coverage of certain bones and joints prohibited
    (a) Discrimination against coverage of procedures involving bones or joints of the jaw, face, or head is prohibited in any health benefit plan. Whenever...
  • N.C. Gen. Stat. § 58-3-122.   Anesthesia and hospital charges necessary for safe and effective administration of dental procedures for young children, persons with serious mental or physical conditions, and persons with significant behavioral problems; coverage in health benefit plans
    (a) All health benefit plans shall provide coverage for payment of anesthesia and hospital or facility charges for services performed in a hospital or...
  • N.C. Gen. Stat. § 58-3-125.   Repealed by Session Laws 1999-132, s. 1.1
  • N.C. Gen. Stat. § 58-3-130.   Agent, adjuster, etc., acting without a license or violating insurance law
    If any person shall assume to act either as principal, agent, broker, limited representative, adjuster or motor vehicle damage appraiser without license as is...
  • N.C. Gen. Stat. § 58-3-135.   Certain insurance activities by lenders with customers prohibited
    No lender shall require the purchase of insurance from such lender or subsidiary or affiliate of such lender as a condition to the making,...
  • N.C. Gen. Stat. § 58-3-140.   Temporary contracts of insurance permitted
    A lender engaged in making or servicing real estate mortgage or deed of trust loans on one to four family residences shall accept as...
  • N.C. Gen. Stat. § 58-3-145.   Solicitation, negotiation or payment of premiums on insurance policies
    An insurer, agent, or broker may accept payment of an insurance premium by credit card or debit card if the insurer accepting payment by...
  • N.C. Gen. Stat. § 58-3-147.   Credit card guaranty or collateral prohibited
    No insurer, representative of any insurer, or insurance broker shall enter into any arrangement that involves the sale of insurance or the pledging of...
  • N.C. Gen. Stat. § 58-3-150.   Forms to be approved by Commissioner
    (a) It is unlawful for any insurance company licensed and admitted to do business in this State to issue, sell, or dispose of any...
  • N.C. Gen. Stat. § 58-3-151.   Deemer provisions
    No entity subject to the Commissioner's jurisdiction and regulation shall be fined or penalized by the Commissioner for using forms, contracts, schedules of premiums,...
  • N.C. Gen. Stat. § 58-3-152.   Excess liability policies; uninsured and underinsured motorist coverages
    With respect to policy forms that provide excess liability coverage, an insurer may limit or exclude coverage for uninsured motorists as provided in G.S....
  • N.C. Gen. Stat. § 58-3-155.   Business transacted with insurer-controlled brokers
    (a) As used in this section: (1) "Broker" means a person who, being a licensed agent, obtains insurance for another party through a duly...
  • N.C. Gen. Stat. § 58-3-160.   Sale of company or major reorganization; license to be restricted
    The Commissioner shall restrict the license by prohibiting new or renewal insurance business transacted in this State by any licensed insurer that, in anticipation...
  • N.C. Gen. Stat. § 58-3-165.   Business transacted with producer-controlled property or casualty insurers
    (a) As used in this section: (1) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting...
  • N.C. Gen. Stat. § 58-3-167.   Applicability of acts of the General Assembly to health benefit plans
    (a) As used in this section: (1) "Health benefit plan" means an accident and health insurance policy or certificate; a nonprofit hospital or medical...
  • N.C. Gen. Stat. § 58-3-168.   Coverage for postmastectomy inpatient care
    (a) Every entity providing a health benefit plan that provides coverage for mastectomy, including coverage for postmastectomy inpatient care, shall ensure that the decision...
  • N.C. Gen. Stat. § 58-3-169.   Required coverage for minimum hospital stay following birth
    (a) Definitions. - As used in this section: (1) "Attending providers" includes: a. The obstetrician-gynecologists, pediatricians, family physicians, and other physicians primarily responsible for...
  • N.C. Gen. Stat. § 58-3-170.   Requirements for maternity coverage
    (a) Every entity providing a health benefit plan that provides maternity coverage in this State shall provide benefits for the necessary care and treatment...
  • N.C. Gen. Stat. § 58-3-171.   Uniform claim forms
    (a) All claims submitted by health care providers to health benefit plans shall be submitted on a uniform form or format that shall be...
  • N.C. Gen. Stat. § 58-3-172.   Notice of claim denied
    (a) For all claims denied for health care provider services under health benefit plans, written notification of the denied claim shall be given to...
  • N.C. Gen. Stat. § 58-3-173.   Repealed by Session Laws 1997-259, s. 24
  • N.C. Gen. Stat. § 58-3-174.   Coverage for bone mass measurement for diagnosis and evaluation of osteoporosis or low bone mass
    (a) Every entity providing a health benefit plan shall provide coverage for a qualified individual for scientifically proven and approved bone mass measurement for...
  • N.C. Gen. Stat. § 58-3-175.   Direct payment to government agencies
    (a) As used in this section, "health benefit plan" has the same meaning as in G.S. 58-50-110(11) and includes the State Health Plan for...
  • N.C. Gen. Stat. § 58-3-176.   Treatment discussions not limited
    (a) An insurer shall not limit either of the following: (1) The participating plan provider's ability to discuss with an enrollee the clinical treatment...
  • N.C. Gen. Stat. § 58-3-177.   Uniform prescription drug identification cards
    (a) Every health benefit plan that provides coverage for prescription drugs or devices and that issues a prescription drug card, shall issue to its...
  • N.C. Gen. Stat. § 58-3-178.   Coverage for prescription contraceptive drugs or devices and for outpatient contraceptive services; exemption for religious employers
    (a) Except as provided in subsection (e) of this section, every insurer providing a health benefit plan that provides coverage for prescription drugs or...
  • N.C. Gen. Stat. § 58-3-179.   Coverage for colorectal cancer screening
    (a) Every health benefit plan, as defined in G.S. 58-3-167, shall provide coverage for colorectal cancer examinations and laboratory tests for cancer, in accordance...
  • N.C. Gen. Stat. § 58-3-180.   Motor vehicle repairs; selection by claimant
    (a) A policy covering damage to a motor vehicle shall allow the claimant to select the repair service or source for the repair of...
  • N.C. Gen. Stat. § 58-3-185.   Lien created for payment of past-due child support obligations
    (a) In the event that the Department of Health and Human Services or any other obligee, as defined in G.S. 110-129, provides written notification...
  • N.C. Gen. Stat. § 58-3-190.   Coverage required for emergency care
    (a) Every insurer shall provide coverage for emergency services to the extent necessary to screen and to stabilize the person covered under the plan...
  • N.C. Gen. Stat. § 58-3-191.   Managed care reporting and disclosure requirements
    (a) Each health benefit plan shall annually, on or before the first day of May of each year, file in the office of the...
  • N.C. Gen. Stat. § 58-3-200.   Miscellaneous insurance and managed care coverage and network provisions
    (a) Definitions. - As used in this section: (1) "Health benefit plan" means any of the following if written by an insurer: an accident...
  • N.C. Gen. Stat. § 58-3-215.   Genetic information in health insurance
    (a) Definitions. - As used in this section: (1) "Genetic information" means information about genes, gene products, or inherited characteristics that may derive from...
  • N.C. Gen. Stat. § 58-3-220.   Mental illness benefits coverage
    (a) Mental Health Equity Requirement. - Except as provided in subsection (b), an insurer shall provide in each group health benefit plan benefits for...
  • N.C. Gen. Stat. § 58-3-221.   Access to nonformulary and restricted access prescription drugs
    (a) If an insurer maintains one or more closed formularies for or restricts access to covered prescription drugs or devices, then the insurer shall...
  • N.C. Gen. Stat. § 58-3-223.   Managed care access to specialist care
    (a) Each insurer offering a health benefit plan that does not allow direct access to all in-plan specialists shall develop and maintain written policies...
  • N.C. Gen. Stat. § 58-3-225.   Prompt claim payments under health benefit plans
    (a) As used in this section: (1) "Claimant" includes a health care provider or facility that is responsible or permitted under contract with the...
  • N.C. Gen. Stat. § 58-3-228.   Coverage for extra prescriptions during a state of emergency or disaster
    (a) All health benefit plans as defined in G.S. 58-3-167, the State Health Plan for Teachers and State Employees, and any optional plans or...
  • N.C. Gen. Stat. § 58-3-230.   Uniform provider credentialing
    (a) An insurer that provides a health benefit plan and that credentials providers for its networks shall maintain a process to assess and verify...
  • N.C. Gen. Stat. § 58-3-231.   Payment under locum tenens arrangements
    (a) As used in this section, the following definitions apply: (1) Covered visit services. - All office visits, emergency visits, and any related service...
  • N.C. Gen. Stat. § 58-3-235.   Selection of specialist as primary care provider
    (a) Each insurer that offers a health benefit plan shall have a procedure by which an insured diagnosed with a serious or chronic degenerative,...
  • N.C. Gen. Stat. § 58-3-240.   Direct access to pediatrician for minors
    Each insurer offering a health benefit plan that uses a network of contracting health care providers shall allow an insured to choose a contracting...
  • N.C. Gen. Stat. § 58-3-245.   Provider directories; cost tools for insured
    (a) Every health benefit plan utilizing a provider network shall maintain a provider directory that includes a listing of network providers available to insureds...
  • N.C. Gen. Stat. § 58-3-247.   Insurance identification card
    (a) Every insurer offering a health benefit plan as defined under G.S. 58-3-167, including the State Health Plan, shall provide the health benefit plan...
  • N.C. Gen. Stat. § 58-3-250.   Payment obligations for covered services
    (a) If an insurer calculates a benefit amount for a covered service under a health benefit plan through a method other than a fixed...
  • N.C. Gen. Stat. § 58-3-255.   Coverage of clinical trials
    (a) As used in this section: (1) "Covered clinical trials" means phase II, phase III, and phase IV patient research studies designed to evaluate...
  • N.C. Gen. Stat. § 58-3-260.   Insurance coverage for newborn hearing screening mandated
    (a) As used in this section, the terms "health benefit plan" and "insurer" have the meanings applied under G.S. 58-3-167. (b) Each health benefit...
  • N.C. Gen. Stat. § 58-3-265.   Prohibition on managed care provider incentives
    An insurer offering a health benefit plan may not offer or pay any type of material inducement, bonus, or other financial incentive to a...
  • N.C. Gen. Stat. § 58-3-270.   Coverage for surveillance tests for women at risk for ovarian cancer
    (a) Every health benefit plan, as defined in G.S. 58-3-167, shall provide coverage for surveillance tests for women age 25 and older at risk...
  • N.C. Gen. Stat. § 58-3-275.   Closure of a block of business
    (a) An insurer that determines to create a closed block of business in this State shall no later than 60 days prior to the...
  • N.C. Gen. Stat. § 58-3-276.   Repealed by Session Laws 2013-410, s. 28.5(e), effective August 23, 2013
  • N.C. Gen. Stat. § 58-3-280.   Coverage for the diagnosis and treatment of lymphedema
    (a) Every health benefit plan, as defined in G.S. 58-3-167, shall provide coverage for the diagnosis, evaluation, and treatment of lymphedema. The coverage required...
  • N.C. Gen. Stat. § 58-3-285.   Coverage for hearing aids
    (a) Every health benefit plan, including the State Health Plan for Teachers and State Employees, shall provide coverage for one hearing aid per hearing-impaired...
  • N.C. Gen. Stat. § 58-3-290.   Nondependent child coverage defined; open enrollment
    (a) As used in this section, the following definitions apply: (1) "Health benefit plan" has the same meaning as G.S. 58-3-167(a)(1). (2) "Individual market"...
  • N.C. Gen. Stat. § 58-3-295.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-3-300.   Health insurance issuers subject to certain requirements of federal law
    Pursuant to the authority granted to the states under 42 U.S.C. 300gg-22(a)(1), health insurance issuers that issue, sell, renew, or offer health benefit plans,...

Article 4 - NAIC Filing Requirements.

  • N.C. Gen. Stat. § 58-4-1.   Scope
    The provisions of this Article shall apply to all domestic, foreign, and alien insurers who are authorized to transact business in this State. (1985,...
  • N.C. Gen. Stat. § 58-4-5.   Filing requirements
    (a) Each domestic, foreign, and alien insurer that is authorized to transact insurance in this State shall file with the NAIC a copy of...
  • N.C. Gen. Stat. § 58-4-10.   Immunity
    In the absence of actual malice, or gross negligence, members of the NAIC, their duly authorized committees, subcommittees, and task forces, their delegates, NAIC...
  • N.C. Gen. Stat. § 58-4-15.   Revocation or suspension of license
    The Commissioner may suspend or revoke the license of any insurer failing to file its financial statement when due or within any extension of...
  • N.C. Gen. Stat. § 58-4-20.   Recodified as 58-2-220 pursuant to Session Laws 1989 (Regular Session, 1990), c. 0121, s. 7
  • N.C. Gen. Stat. § 58-4-25.   Insurance Regulatory Information System and similar program test data records
    Financial test ratios, data, or information generated by the NAIC Insurance Regulatory Information System, any successor program, or any similar program shall be disseminated...

Article 5 - Deposits and Bonds by Insurance Companies.

  • N.C. Gen. Stat. § 58-5-1.   Deposits; use of master trust
    Notwithstanding any other provision of law, the Commissioner is authorized to select a bank or trust company as master trustee to hold cash or...
  • N.C. Gen. Stat. § 58-5-5.   Amount of deposits required of foreign or alien fire and/or marine insurance companies
    Unless otherwise provided in this Article, every fire, marine, or fire and marine insurance company chartered by any other state or foreign government shall...
  • N.C. Gen. Stat. § 58-5-10.   Amount of deposits required of foreign or alien fidelity, surety and casualty insurance companies
    Unless otherwise provided in this Article, every fidelity, surety or casualty insurance company chartered by any other state or foreign government shall make and...
  • N.C. Gen. Stat. § 58-5-15.   Minimum deposit required upon admission
    Upon admission to do business in the State of North Carolina every foreign or alien fire, marine, or fire and marine, fidelity, surety or...
  • N.C. Gen. Stat. § 58-5-20.   Type of deposits
    The deposits required to be made under G.S. 58-5-5, 58-5-10, and 58-5-50 shall be composed of: (a) Interest-bearing bonds of the United States of...
  • N.C. Gen. Stat. § 58-5-25.   Replacements upon depreciation of securities
    Whenever any of the securities deposited by companies under the provisions of G.S. 58-5-5, 58-5-10, and 58-5-50 shall be depreciated or reduced in value,...
  • N.C. Gen. Stat. § 58-5-30.   Power of attorney
    With the securities deposited in accordance with G.S. 58-5-5, 58-5-10, and 58-5-50 the company shall at the same time deliver to the Commissioner a...
  • N.C. Gen. Stat. § 58-5-35.   Securities held by Treasurer; faith of State pledged therefor; nontaxable
    Unless a master trustee is selected by the Commissioner pursuant to G.S. 58-5-1, the securities required to be deposited by each insurance company in...
  • N.C. Gen. Stat. § 58-5-40.   Authority to increase deposit
    When, in the Commissioner's opinion, it is necessary for the protection of the public interest to increase the amount of deposits specified in G.S....
  • N.C. Gen. Stat. § 58-5-45.   Repealed by Session Laws 1991, c. 681, s. 21
  • N.C. Gen. Stat. § 58-5-50.   Deposits of foreign life insurance companies
    In addition to other requirements of this Chapter, all foreign life insurance companies shall deposit securities, as specified in G.S. 58-5-20, that have a...
  • N.C. Gen. Stat. § 58-5-55.   Deposits of capital and surplus by domestic insurance companies
    (a) In addition to other requirements of Articles 1 through 64 of this Chapter, all domestic stock insurance companies shall deposit their required statutory...
  • N.C. Gen. Stat. § 58-5-60.   Repealed by Session Laws 1995, c. 193, s. 8
  • N.C. Gen. Stat. § 58-5-63.   Interest; liquidation of deposits for liabilities
    (a) All insurance companies making deposits under this Article are entitled to interest on those deposits. The right to interest is subject to a...
  • N.C. Gen. Stat. § 58-5-65.   Repealed by Session Laws 1995, c. 193, s. 8
  • N.C. Gen. Stat. § 58-5-70.   Lien of policyholders; action to enforce
    Upon the securities deposited with the Commissioner by any foreign or alien insurance company, the holders of all contracts of the company who are...
  • N.C. Gen. Stat. § 58-5-71.   Liens of policyholders; subordination
    Liens against the deposit of a foreign insurer under G.S. 58-5-70 shall be subordinated to the reasonable and necessary expenses of the Commissioner in...
  • N.C. Gen. Stat. § 58-5-75.   Substitution for securities paid
    Where the principal of any of the securities so deposited is paid to the Commissioner, he shall notify the company or its agent in...
  • N.C. Gen. Stat. § 58-5-80.   Return of deposits
    If such company ceases to do business in this State and its liabilities, whether fixed or contingent upon its contracts, to persons residing in...
  • N.C. Gen. Stat. § 58-5-85.   Repealed by Session Laws 1991, c. 681, s. 21
  • N.C. Gen. Stat. § 58-5-90.   Deposits held in trust by Commissioner or Treasurer
    (a) Deposits by Domestic Company. - The Commissioner or the Treasurer, in that officer's official capacity, shall take and hold in trust deposits made...
  • N.C. Gen. Stat. § 58-5-95.   Deposits subject to approval and control of Commissioner
    The deposits of securities required to be made by any insurance company of this State shall be approved by the Commissioner of the State,...
  • N.C. Gen. Stat. § 58-5-100.   Deposits by alien companies required and regulated
    An alien company, other than life, shall not be admitted to do business in this State until, in addition to complying with the conditions...
  • N.C. Gen. Stat. § 58-5-105.   Deposits by life companies not chartered in United States
    Every alien life insurance company organized under the laws of any other country than the United States must have and keep on deposit with...
  • N.C. Gen. Stat. § 58-5-110.   Registration of bonds deposited in name of Treasurer or Commissioner
    The Commissioner is hereby empowered, upon the written consent of any insurance company depositing with the Commissioner or the State Treasurer under any law...
  • N.C. Gen. Stat. § 58-5-115.   Notation of registration; release
    Bonds or notes so registered shall bear notation of such registration on the reverse thereof, signed by the registering officer or agent, and may...
  • N.C. Gen. Stat. § 58-5-120.   Expenses of registration
    The necessary expenses of procuring such registration and any transfer thereof shall be paid by the company making the deposits. (1925, c. 145, s....
  • N.C. Gen. Stat. § 58-5-125.   Repealed by Session Laws 1991, c. 681, s. 21

Article 6 - License Fees and Taxes.

  • N.C. Gen. Stat. § 58-6-1.   Commissioner to report taxes and fees and pay monthly
    On or before the 10th day of each month the Commissioner shall furnish to the Auditor a statement in detail of the taxes and...
  • N.C. Gen. Stat. § 58-6-5.   Schedule of fees and charges
    The Commissioner shall collect and pay into the State treasury fees and charges as follows: (1) For filing and examining an insurance company application...
  • N.C. Gen. Stat. § 58-6-7.   Licenses; perpetual licensing; annual license continuation fees for insurance companies
    (a) In order to do business in this State, an insurance company shall apply for and obtain a license from the Commissioner. The license...
  • N.C. Gen. Stat. § 58-6-10.   Repealed by Session Laws 1999-132, s 1.1
  • N.C. Gen. Stat. § 58-6-15.   Annual license continuation fee definition; requirements
    For purposes of this Chapter only, "annual license continuation fee" means the fee specified in G.S. 58-6-7 submitted to the Commissioner for each year...
  • N.C. Gen. Stat. § 58-6-20.   Policyholders to furnish information
    Every corporation, firm, or individual doing business in the State shall, upon request of the Commissioner, furnish the Commissioner any information the Commissioner considers...
  • N.C. Gen. Stat. § 58-6-25.   Insurance regulatory charge
    (a) Charge Levied. - There is levied on each insurance company, other than a captive insurance company, an annual charge for the purposes stated...

Article 7 - General Domestic Companies.

  • N.C. Gen. Stat. § 58-7-1.   Application of this Chapter and general laws
    The general provisions of law relative to the powers, duties, and liabilities of corporations apply to all incorporated domestic insurance companies where pertinent and...
  • N.C. Gen. Stat. § 58-7-5.   Extension of existing charters
    Domestic insurance companies incorporated by special acts, whose charters are subject to limitation of time, shall, after the limitation expires, and upon filing statement...
  • N.C. Gen. Stat. § 58-7-10.   Certificate required before issuing policies
    No domestic insurance company may issue policies until upon examination of the Commissioner, his deputy or examiner, it is found to have complied with...
  • N.C. Gen. Stat. § 58-7-15.   Kinds of insurance authorized
    The kinds of insurance that may be authorized in this State, subject to the other provisions of Articles 1 through 64 of this Chapter,...
  • N.C. Gen. Stat. § 58-7-16.   Funding agreements authorized
    (a) As used in this section, "funding agreement" means an agreement that authorizes a licensed life insurer to accept funds and that provides for...
  • N.C. Gen. Stat. § 58-7-20.   Repealed by Session Laws 1991, c. 681, s. 23
  • N.C. Gen. Stat. § 58-7-21.   Credit allowed a domestic ceding insurer
    (a) The purpose of this section and G.S. 58-7-26 is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public...
  • N.C. Gen. Stat. § 58-7-25.   Repealed by Session Laws 1991, c. 681, s. 23
  • N.C. Gen. Stat. § 58-7-26.   Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of G.S. 58-7-21
    (a) An asset or a reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of...
  • N.C. Gen. Stat. § 58-7-30.   Insolvent ceding insurer
    (a) Notwithstanding any other provision of this Article, no credit shall be allowed, as an admitted asset or as a reduction from liability, to...
  • N.C. Gen. Stat. § 58-7-31.   Life and health reinsurance agreements
    (a) Notwithstanding any other provision of this Article, this section applies to every domestic life and accident and health insurer, to every other licensed...
  • N.C. Gen. Stat. § 58-7-32.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-7-33.   Minimum policyholders' surplus to assume property or casualty reinsurance
    (a) Notwithstanding any other provision of law, no domestic property or casualty insurer with less than ten million dollars ($10,000,000) in policyholders' surplus may,...
  • N.C. Gen. Stat. § 58-7-35.   Manner of creating such corporations
    The procedure for organizing such corporations is as follows: The proposed incorporators, not less than 10 in number, a majority of whom must be...
  • N.C. Gen. Stat. § 58-7-37.   Background of incorporators and proposed management personnel
    (a) Before a license is issued to a new domestic insurance company, each key person must furnish the Commissioner a complete set of the...
  • N.C. Gen. Stat. § 58-7-40.   First meeting; organization; license
    The first meeting for the purpose of organization under such charter shall be called by a notice signed by one or more of the...
  • N.C. Gen. Stat. § 58-7-45.   Bylaws; classification and election of directors; amendments
    (a) A domestic company may adopt bylaws for the conduct of its business that are not repugnant to law or its articles of incorporation...
  • N.C. Gen. Stat. § 58-7-46.   Notification to Commissioner for president or chief executive officer changes
    All domestic insurers organized under the laws of this Chapter shall provide the Commissioner written notice of any change that occurs in the position...
  • N.C. Gen. Stat. § 58-7-50.   Maintenance and removal of records and assets
    (a) Every domestic insurer shall maintain its home or principal office in this State and keep therein complete records of its assets, transactions, and...
  • N.C. Gen. Stat. § 58-7-55.   Exceptions to requirements of G.S. 58-7-50
    The provisions of G.S. 58-7-50 shall not be deemed to prohibit or prevent an insurer from: (1) Establishing and maintaining branch offices or regional...
  • N.C. Gen. Stat. § 58-7-60.   Approval as a domestic insurer
    Any insurer that is organized under the laws of any other state and is licensed to transact the business of insurance in this State...
  • N.C. Gen. Stat. § 58-7-65.   Conversion to foreign insurer
    Any domestic insurer may, upon the approval of the Commissioner, transfer its domicile to any other state in which it is licensed to transact...
  • N.C. Gen. Stat. § 58-7-70.   Effects of redomestication
    The license, agent appointments and licenses, rates, and other items that the Commissioner authorizes or grants, in his discretion, that are in existence at...
  • N.C. Gen. Stat. § 58-7-73.   Dissolutions of insurers
    Upon reaching a determination of intent to dissolve and before filing articles of dissolution with the Office of the Secretary of State, a domestic...
  • N.C. Gen. Stat. § 58-7-75.   Amount of capital and/or surplus required; impairment of capital or surplus
    The amount of capital and/or surplus requisite to the formation and organization of companies under the provisions of Articles 1 through 64 of this...
  • N.C. Gen. Stat. § 58-7-80.   Capital stock fully paid in cash
    The capital stock shall be paid in cash within 12 months from the date of the charter or certificate of organization, and no certificate...
  • N.C. Gen. Stat. § 58-7-85 through 58-7-90.   Repealed by Session Laws 1991, c. 681, s. 30
  • N.C. Gen. Stat. § 58-7-95.   Establishment of separate accounts by life insurance companies
    (a) When used in this section, "variable contract" shall mean any individual or group contract issued by an insurance company providing for life insurance...
  • N.C. Gen. Stat. § 58-7-100.   Repealed by Session Laws 1991, c. 681, s. 30
  • N.C. Gen. Stat. § 58-7-105.   Authority to increase or reduce capital stock
    The Commissioner shall, upon application, examine the proceedings of domestic companies to increase or reduce their capital stock, and when found conformable to law...
  • N.C. Gen. Stat. § 58-7-110.   Assessment of shares; revocation of license
    When the net assets of a company organized under this Article do not amount to more than the amount required in G.S. 58-7-75 for...
  • N.C. Gen. Stat. § 58-7-115.   Increase of capital stock
    Any company organized under the provisions of Articles 1 through 64 of this Chapter may issue pro rata to its stockholders certificates of any...
  • N.C. Gen. Stat. § 58-7-120.   Reduction of capital stock
    When the capital stock of a company organized under this Article is impaired, the company may, upon a vote of the majority of the...
  • N.C. Gen. Stat. § 58-7-125.   Dividends not payable when capital stock impaired; liability of stockholders for unlawful dividends
    No dividend shall be paid by any company incorporated in this State when its capital stock is impaired, or when such payment would have...
  • N.C. Gen. Stat. § 58-7-130.   Dividends and distributions to stockholders
    (a) Each domestic insurance company in North Carolina shall be restricted by the Commissioner from the payment of any dividends or other distributions to...
  • N.C. Gen. Stat. § 58-7-135.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-7-140.   Certain officers debarred from commissions
    No officer or other person whose duty it is to determine the character of the risk, and upon whose decision the application shall be...
  • N.C. Gen. Stat. § 58-7-145.   Restrictions on purchase and sale of equity securities of domestic companies
    (a) Statement of Ownership of Equity Securities. - Every person who is directly or indirectly the beneficial owner of more than ten percent (10%)...
  • N.C. Gen. Stat. § 58-7-150.   Consolidation
    (a) A domestic insurer may consolidate with another insurer, subject to the following conditions: (1) The plan of consolidation must be submitted to and...
  • N.C. Gen. Stat. § 58-7-155.   Repealed by Session Laws 2005-424, s. 1.3, effective January 1, 2006, and applicable to applications filed, licenses issued, and licenses continued on or after that date
  • N.C. Gen. Stat. § 58-7-160.   Investments unlawfully acquired
    Whenever it appears by examination as authorized by law that a domestic insurer has acquired any assets in violation of the law in force...
  • N.C. Gen. Stat. § 58-7-162.   Allowable or admitted assets
    In any determination of the financial condition of an insurer, there shall be allowed as assets only those assets owned by an insurer and...
  • N.C. Gen. Stat. § 58-7-163.   Assets not allowed
    In addition to assets impliedly excluded by the provisions of G.S. 58-7-162, the following expressly shall not be allowed as assets in any determination...
  • N.C. Gen. Stat. § 58-7-165.   Eligible investments
    (a) Insurers shall invest in or lend their funds on the security of, and shall hold as invested assets, only eligible investments as prescribed...
  • N.C. Gen. Stat. § 58-7-167.   General qualifications
    (a) No security or investment, other than real or personal property acquired under G.S. 58-7-187, is eligible for acquisition unless it is interest-bearing or...
  • N.C. Gen. Stat. § 58-7-168.   Authorization of investment
    An insurer shall not make any investment or loan, other than a policy loan or annuity contract loan of a life insurer, unless the...
  • N.C. Gen. Stat. § 58-7-170.   Diversification
    (a) Every insurer must maintain an amount equal to its entire policyholder-related liabilities and the minimum capital and surplus required to be maintained by...
  • N.C. Gen. Stat. § 58-7-172.   Cash and deposits
    An insurer may have funds in coin or currency of the United States on hand or on deposit in any solvent national or state...
  • N.C. Gen. Stat. § 58-7-173.   Permitted insurer investments
    An insurer may invest in: (1) Bonds, notes, warrants, and other evidences of indebtedness that are direct obligations of the U.S. Government or for...
  • N.C. Gen. Stat. § 58-7-175.   Policy loans
    A life insurer may lend to its policyholder, upon pledge of the policy as collateral security, any sum not exceeding the cash loan value...
  • N.C. Gen. Stat. § 58-7-177.   Repealed by Session Laws 2001-223, s. 8.9
  • N.C. Gen. Stat. § 58-7-178.   Foreign or territorial investments
    (a) An insurer authorized to transact insurance in a foreign country or any U.S. territory may have funds invested in securities that may be...
  • N.C. Gen. Stat. § 58-7-179.   Mortgage loans
    (a) An insurer may invest any of its funds in bonds, notes, or other evidences of indebtedness that are secured by first mortgages or...
  • N.C. Gen. Stat. § 58-7-180.   Chattel mortgages
    (a) In connection with a mortgage loan on the security of real estate designed and used primarily for residential purposes only, where the mortgage...
  • N.C. Gen. Stat. § 58-7-182.   Special investments by title insurers
    In addition to other investments eligible under this Chapter, a title insurer may invest and have invested an amount not exceeding the greater of...
  • N.C. Gen. Stat. § 58-7-183.   Special consent investments
    (a) After satisfying the requirements of this Chapter, any funds of an insurer in excess of its reserves and policyholders' surplus required to be...
  • N.C. Gen. Stat. § 58-7-185.   Prohibited investments and investment underwriting
    (a) In addition to investments excluded under other provisions of this Chapter, except with prior approval by the Commissioner, an insurer shall not directly...
  • N.C. Gen. Stat. § 58-7-187.   Real estate, in general
    (a) An insurer shall not directly or indirectly acquire or hold real estate except as authorized in this section. (b) An insurer may acquire...
  • N.C. Gen. Stat. § 58-7-188.   Time limit for disposal of ineligible property and securities; effect of failure to dispose
    (a) Any property or securities lawfully acquired by an insurer that it could not otherwise have invested in or lent its funds upon at...
  • N.C. Gen. Stat. § 58-7-190.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-7-192.   Valuation of securities and investments
    (a) through (c) Repealed by Session Laws 2003-212, s. 8, effective October 1, 2003. (d) No valuations shall be greater than any applicable valuation...
  • N.C. Gen. Stat. § 58-7-193.   Valuation of property
    (a), (b) Repealed by Session Laws 2003-212, s. 9, effective October 1, 2003. (c) Personal property acquired pursuant to chattel mortgages made in accordance...
  • N.C. Gen. Stat. § 58-7-195.   Repealed by Session Laws 2003-212, s. 10, effective October 1, 2003
  • N.C. Gen. Stat. § 58-7-197.   Replacing certain assets; reporting certain liabilities
    (a) The Commissioner, upon determining that an insurer's asset has not been valued according to this Chapter or that it does not qualify as...
  • N.C. Gen. Stat. § 58-7-198.   Assets of foreign or alien insurers
    The Commissioner may refuse a new or renewal license to any foreign or alien insurer upon finding that its assets do not comply in...
  • N.C. Gen. Stat. § 58-7-200.   Investment transactions
    (a) The transactions specified in subsections (b) through (e) of this section are expressly allowed or prohibited as provided in this section and to...
  • N.C. Gen. Stat. § 58-7-205.   Derivative transactions
    (a) As used in this section, the following terms have the following meanings: (1) "Business entity" includes a sole proprietorship, corporation, limited liability company,...

Article 8 - Mutual Insurance Companies.

  • N.C. Gen. Stat. § 58-8-1.   Mutual insurance companies organized; requisites for doing business
    No policy may be issued by a mutual company until the president and the secretary of the company have certified under oath that every...
  • N.C. Gen. Stat. § 58-8-5.   Manner of amending charter
    (a) A domestic mutual insurance company may hereafter amend its charter in the following manner only: (1) A meeting of the board of directors...
  • N.C. Gen. Stat. § 58-8-10.   Policyholders are members of mutual companies
    Every person insured by a mutual insurance company is a member while that person's policy is in force, entitled to one vote for each...
  • N.C. Gen. Stat. § 58-8-15.   Directors in mutual companies
    Every mutual insurance company shall elect by ballot a board of not less than seven directors, who shall manage and conduct its business and...
  • N.C. Gen. Stat. § 58-8-20.   Mutual companies with a guaranty capital
    (a) A mutual insurance company formed as provided in Articles 1 through 64 of this Chapter, in lieu of the contributed surplus required for...
  • N.C. Gen. Stat. § 58-8-25.   Dividends to policyholders
    (a) Any participating or dividend-paying company, stock or mutual or foreign or domestic, that writes other than life insurance or workers' compensation insurance and...
  • N.C. Gen. Stat. § 58-8-30.   Contingent liability of policyholders
    Every insurance company shall in its bylaws and policies prescribe the contingent liability, if any, of its members for the payment of losses, reserves...
  • N.C. Gen. Stat. § 58-8-35.   Contingent liability printed on policy
    Every insurance company licensed to do business in this State shall print on each policy in clear and explicit language the full contingent liability...
  • N.C. Gen. Stat. § 58-8-36.   Administrative fees
    Statewide multiline limited assessable mutual insurance companies are not subject to the provisions of G.S. 58-33-85(b). (2011-196, s. 12.)
  • N.C. Gen. Stat. § 58-8-40.   Nonassessable policies; foreign or alien companies
    No foreign or alien insurance company shall be licensed to issue in this State nonassessable policies unless it has a free surplus equal in...
  • N.C. Gen. Stat. § 58-8-45.   Waiver of forfeiture in policies assigned or pledged; notice of assignment; payment of assessment or premium by assignee or mortgagee
    When any policy of insurance is issued by any mutual insurance company or association other than life, organized under the laws of this State...
  • N.C. Gen. Stat. § 58-8-50.   Guaranty against assessments prohibited
    If any director, officer, or agent of a mutual insurance company, either officially or privately, gives a guarantee to a policyholder of the company...
  • N.C. Gen. Stat. § 58-8-55.   Manner of making assessments; rights and liabilities of policyholders
    When a mutual insurance company is not possessed of cash funds above its reserve sufficient for the payment of insured losses and expenses, it...
  • N.C. Gen. Stat. § 58-8-60.   Independent charters for members of the Farmers Mutual Fire Insurance Association of North Carolina
    (a) Each branch of the Farmers Mutual Fire Insurance Association of North Carolina ("Association"), created by Chapter 343 of the 1893 Private Laws of...

Article 9 - Reinsurance Intermediaries.

  • N.C. Gen. Stat. § 58-9-1.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-9-2.   Reinsurance intermediaries
    (a) As used in this Article: (1) "Actuary" means a person who meets the standards of a qualified actuary, as specified in the NAIC...
  • N.C. Gen. Stat. § 58-9-5.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-9-6.   Licensing
    (a) The Commissioner shall issue an intermediary license or an exemption from the license, subject to G.S. 58-9-2(b)(2) or G.S. 58-9-2(c)(3), to any person...
  • N.C. Gen. Stat. § 58-9-10.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-9-11.   Broker and insurer transactions
    (a) Transactions between a broker and the insurer it represents as a broker shall only be entered into pursuant to a written authorization, specifying...
  • N.C. Gen. Stat. § 58-9-15.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-9-16.   Manager and reinsurer transactions
    (a) Transactions between a manager and the reinsurer it represents as a manager shall only be entered into pursuant to a written contract, specifying...
  • N.C. Gen. Stat. § 58-9-20.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-9-21.   Miscellaneous provisions
    (a) A reinsurer shall not engage the services of any person to act as a manager on its behalf unless the person is licensed...
  • N.C. Gen. Stat. § 58-9-22.   Compliance with orders
    An intermediary shall comply with any order of a court of competent jurisdiction or a duly constituted arbitration panel requiring the production of nonprivileged...
  • N.C. Gen. Stat. § 58-9-25.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-9-26.   Sanctions
    (a) If the Commissioner determines that any person has not materially complied with this Article or with any rule adopted or order issued under...
  • N.C. Gen. Stat. § 58-9-30.   Repealed by Session Laws 1993, c. 452, s. 65

Article 10 - Miscellaneous Insurer Financial Provisions.

  • N.C. Gen. Stat. § 58-10-1.   Stock to mutual insurer conversion
    Any domestic stock life insurance corporation may become a mutual life insurance corporation, and to that end may carry out a plan for the...
  • N.C. Gen. Stat. § 58-10-5.   Stock acquired to be turned over to voting trust until all stock acquired; dividends repaid to corporation for beneficiaries
    If a domestic stock life insurance corporation shall determine to become a mutual life insurance corporation it may, in carrying out any plan to...
  • N.C. Gen. Stat. § 58-10-10.   Mutual to stock insurer conversion
    (a) A domestic mutual insurer may convert to a domestic stock insurer under a plan that is approved in advance by the Commissioner. (b)...
  • N.C. Gen. Stat. § 58-10-12.   Conversion plan requirements
    (a) As used in this section: (1) "Closed block" means an allocation of assets for a defined group of in-force policies which, together with...
  • N.C. Gen. Stat. § 58-10-20.   Scope
    (a) This Part applies to any licensed insurer that either assumes or transfers the obligations or risks on policies under an assumption reinsurance agreement...
  • N.C. Gen. Stat. § 58-10-25.   Definitions
    (a) As used in this Part: (1) Assuming insurer. - The insurer that acquires an insurance obligation or risk from the transferring insurer under...
  • N.C. Gen. Stat. § 58-10-30.   Notice requirements
    (a) The transferring insurer shall provide or cause to be provided to each policyholder a notice of transfer by first-class mail, addressed to the...
  • N.C. Gen. Stat. § 58-10-35.   Policyholder rights
    (a) Policyholders may reject the transfer and novation of their policies by indicating on the response card that the assumption is rejected and returning...
  • N.C. Gen. Stat. § 58-10-40.   Effect of consent
    If a policyholder consents to the transfer under G.S. 58-10-35 or if the transfer is effected under G.S. 58-10-45, there shall be a novation...
  • N.C. Gen. Stat. § 58-10-45.   Commissioner's discretion
    If a domestic insurer or a foreign insurer from a state having a substantially similar law is deemed by its domiciliary insurance regulator to...
  • N.C. Gen. Stat. § 58-10-55.   Report
    (a) This Part applies only to domestic insurers. Effective October 1, 1995, every insurer shall file a report with the Commissioner disclosing material acquisitions...
  • N.C. Gen. Stat. § 58-10-60.   Acquisitions and dispositions of assets
    (a) Insurers do not have to report acquisitions or dispositions under G.S. 58-10-55 if they are not material. For the purposes of this Part,...
  • N.C. Gen. Stat. § 58-10-65.   Nonrenewals, cancellations, or revisions of ceded reinsurance agreements
    (a) Insurers do not have to report nonrenewals, cancellations, or revisions of ceded reinsurance agreements under G.S. 58-10-55 if they are not material. For...
  • N.C. Gen. Stat. § 58-10-75.   Purpose and legislative intent
    This Part provides a basis for the creation of protected cells by a domestic insurer as one means of accessing alternative sources of capital...
  • N.C. Gen. Stat. § 58-10-80.   Definitions
    As used in this Part, unless the context requires otherwise, the following terms have the following meanings: (1) "Domestic insurer" means an insurer domiciled...
  • N.C. Gen. Stat. § 58-10-85.   Establishment of protected cells
    (a) A protected cell company may establish one or more protected cells with the prior written approval of the Commissioner of a plan of...
  • N.C. Gen. Stat. § 58-10-90.   Use and operation of protected cells
    (a) The protected cell assets of a protected cell may not be charged with liabilities arising out of any other business the protected cell...
  • N.C. Gen. Stat. § 58-10-95.   Reach of creditors and other claimants
    (a) Protected cell assets shall only be available to the creditors of the protected cell company that are creditors with respect to that protected...
  • N.C. Gen. Stat. § 58-10-100.   Conservation, rehabilitation, or liquidation of protected cell companies
    (a) Notwithstanding any other provision of law or rule, upon an order of conservation, rehabilitation, or liquidation of a protected cell company, the receiver...
  • N.C. Gen. Stat. § 58-10-105.   No transaction of an insurance business
    A protected cell company insurance securitization may not be deemed to be an insurance or reinsurance contract. An investor in a protected cell company...
  • N.C. Gen. Stat. § 58-10-110.   Authority to adopt rules
    The Commissioner may adopt rules necessary to effectuate the purposes of this Part. (2001-223, s. 25.)
  • N.C. Gen. Stat. § 58-10-120.   Definitions
    As used in this Part: (1) "Mortgage guaranty insurers report of policyholders position" means the supplementary report required by the Commissioner. (2) "Policyholders position"...
  • N.C. Gen. Stat. § 58-10-125.   Policyholders position and capital and surplus requirements
    (a) For the purpose of complying with G.S. 58-7-75, a mortgage guaranty insurer shall maintain at all times a minimum policyholders position of not...
  • N.C. Gen. Stat. § 58-10-130.   Unearned premium reserve
    (a) The unearned premium reserve shall be computed as follows: (1) The unearned premium reserve for premiums paid in advance annually shall be calculated...
  • N.C. Gen. Stat. § 58-10-135.   Contingency reserve for mortgage guaranty insurers
    (a) Subject to G.S. 58-7-21, a mortgage guaranty insurer shall make an annual contribution to the contingency reserve which in the aggregate shall be...
  • N.C. Gen. Stat. § 58-10-140.   Report of policyholder's position
    Each mortgage guaranty insurance company doing business in this State must file on a form prescribed by the Commissioner a Mortgage Guaranty Insurers Report...
  • N.C. Gen. Stat. § 58-10-145.   Monoline requirement for mortgage guaranty insurers
    A mortgage guaranty insurance company that transacts any kind of insurance other than mortgage guaranty insurance is not eligible to transact business in this...
  • N.C. Gen. Stat. § 58-10-150.   Statement of actuarial opinion
    Every property and casualty insurance company doing business in this State, unless otherwise exempted by the Commissioner, shall annually submit the opinion of an...
  • N.C. Gen. Stat. § 58-10-155.   Actuarial opinion summary
    (a) Every property and casualty insurance company domiciled in this State that is required to submit a statement of actuarial opinion shall annually submit...
  • N.C. Gen. Stat. § 58-10-160.   Actuarial report and work papers
    (a) An actuarial report and underlying work papers as required by the appropriate NAIC Property and Casualty Annual Statement Instructions shall be prepared to...
  • N.C. Gen. Stat. § 58-10-165.   Monetary penalties for failure to provide documents
    A company that fails to provide a statement of actuarial opinion, actuarial opinion summary, actuarial report, or work papers within the time frame provided...
  • N.C. Gen. Stat. § 58-10-170.   Qualified immunity of appointed actuary
    The appointed actuary shall not be liable for damages to any person other than the insurance company or the Commissioner for any act, error,...
  • N.C. Gen. Stat. § 58-10-175.   Confidentiality
    (a) The statement of actuarial opinion shall be treated as a public record. (b) Documents, materials, or other information in the possession or control...
  • N.C. Gen. Stat. § 58-10-185.   Purpose and scope
    (a) The purpose of this Part is to improve the Commissioner's ability to monitor the financial condition of insurers by requiring (i) an annual...
  • N.C. Gen. Stat. § 58-10-190.   Definitions
    As used in this Part: (1) "Accountant" or "independent certified public accountant" means an independent certified public accountant or accounting firm in good standing...
  • N.C. Gen. Stat. § 58-10-195.   General requirements related to filing and extensions for filing of annual audited financial reports and audit committee appointment
    (a) All insurers shall have an annual audit by an independent certified public accountant and shall file an audited financial report with the Commissioner...
  • N.C. Gen. Stat. § 58-10-200.   Contents of annual audited financial report
    (a) The annual audited financial report shall report the financial position of the insurer as of the end of the most recent calendar year...
  • N.C. Gen. Stat. § 58-10-205.   Designation of independent certified public accountant
    (a) Each insurer required by this Part to file an annual audited financial report must, within 60 days after becoming subject to the requirement,...
  • N.C. Gen. Stat. § 58-10-210.   Qualifications of independent certified public accountant
    (a) The Commissioner shall not recognize a person or firm as a qualified independent certified public accountant if the person or firm: (1) Is...
  • N.C. Gen. Stat. § 58-10-215.   Consolidated or combined audits
    An insurer may make written application to the Commissioner for approval to file audited consolidated or combined financial statements in lieu of separate annual...
  • N.C. Gen. Stat. § 58-10-220.   Scope of audit and report of independent certified public accountant
    Financial statements furnished pursuant to G.S. 58-10-200 shall be examined by the independent certified public accountant. The audit of the insurer's financial statements shall...
  • N.C. Gen. Stat. § 58-10-225.   Notification of adverse financial condition
    (a) The insurer required to furnish the annual audited financial report shall require the independent certified public accountant to report, in writing, within five...
  • N.C. Gen. Stat. § 58-10-230.   Communication of internal control related matters noted in an audit
    (a) In addition to the annual audited financial report, each insurer shall furnish the Commissioner with a written communication as to any unremediated material...
  • N.C. Gen. Stat. § 58-10-235.   Accountant's letter of qualifications
    The accountant shall furnish the insurer, in connection with, and for inclusion in, the filing of the annual audited financial report, a letter stating...
  • N.C. Gen. Stat. § 58-10-240.   Definition, availability, and maintenance of independent certified public accountants' work papers
    (a) Work papers are the records kept by the independent certified public accountant of the procedures followed, the tests performed, the information obtained, and...
  • N.C. Gen. Stat. § 58-10-245.   Requirements for audit committees
    (a) This section shall not apply to foreign or alien insurers licensed in this State or an insurer that is a SOX-compliant entity or...
  • N.C. Gen. Stat. § 58-10-250.   Conduct of insurer in connection with the preparation of required reports and documents
    (a) No director or officer of an insurer shall, directly or indirectly, do any of the following: (1) Make or cause to be made...
  • N.C. Gen. Stat. § 58-10-255.   Management's report of internal control over financial reporting
    (a) Every insurer required to file an audited financial report pursuant to this Part that has annual direct written and assumed premiums, excluding premiums...
  • N.C. Gen. Stat. § 58-10-260.   Exemptions and effective dates
    (a) Upon written application of any insurer, the Commissioner may grant an exemption from compliance with any and all provisions of this Part if...
  • N.C. Gen. Stat. § 58-10-265.   Canadian and British companies
    (a) In the case of Canadian and British insurers, the annual audited financial report shall be defined as the annual statement of total business...
  • N.C. Gen. Stat. § 58-10-275.   Definitions
    The following definitions apply in this Part: (1) Affiliated. - Defined in G.S. 58-19-5. (2) Control. - Defined in G.S. 58-19-5. (3) Domestic mutual...
  • N.C. Gen. Stat. § 58-10-280.   General provisions
    (a) A domestic mutual insurance company, upon approval of the Commissioner, may reorganize by forming an insurance holding company based upon a mutual plan...
  • N.C. Gen. Stat. § 58-10-285.   Application; contents; process
    (a) An application shall be designated as either a limited application or a standard application. The filing of a limited application shall not preclude...
  • N.C. Gen. Stat. § 58-10-290.   Plan of reorganization
    (a) A limited application plan of reorganization shall include the following provisions: (1) Establishing a mutual insurance holding company with at least one stock...
  • N.C. Gen. Stat. § 58-10-295.   Powers of the Commissioner
    (a) The Commissioner shall at all times retain jurisdiction over the mutual insurance holding company, its intermediate holding company subsidiaries with stock insurance company...
  • N.C. Gen. Stat. § 58-10-300.   Special financial requirements
    (a) Mutual insurance holding companies and their insurance company subsidiaries and affiliates shall comply with the provisions of Article 19 of this Chapter except...
  • N.C. Gen. Stat. § 58-10-305.   Reorganization of domestic mutual insurer with mutual insurance holding company
    A domestic mutual insurance company may apply to reorganize by merging its policyholders' membership interests into a mutual insurance holding company by filing with...
  • N.C. Gen. Stat. § 58-10-310.   Mergers of mutual insurance holding companies
    A mutual insurance holding company may apply to merge with another mutual insurance holding company by filing with the Commissioner a plan of merger...
  • N.C. Gen. Stat. § 58-10-315.   Stock offerings
    (a) No stock offering by a mutual insurance holding company, an insurance company subsidiary of a mutual insurance holding company, an intermediate holding company...
  • N.C. Gen. Stat. § 58-10-320.   Regulation of holding company system
    (a) All material transactions, as that term is defined under Part 3 of this Article, between or among subsidiaries and affiliates of the mutual...
  • N.C. Gen. Stat. § 58-10-325.   Reporting of stock ownership and transactions
    (a) Any director or officer of a mutual insurance holding company, its subsidiary, or affiliate, who acquires directly or indirectly the beneficial ownership of...
  • N.C. Gen. Stat. § 58-10-335.   Purpose
    (a) This Part shall be known and may be cited as the "North Carolina Captive Insurance Act." (b) The purpose of this Part is...
  • N.C. Gen. Stat. § 58-10-340.   Definitions
    The following definitions apply in this Part: (1) Affiliated company. - Any company in the same corporate system as a parent, an industrial insured,...
  • N.C. Gen. Stat. § 58-10-345.   Licensing; authority; confidentiality
    (a) Any captive insurance company, when permitted by its organizational documents, may apply to the Commissioner for a license to do any and all...
  • N.C. Gen. Stat. § 58-10-350.   Commissioner use of consultants and other professionals
    The Commissioner may contract with consultants and other professionals to expedite and complete the application process, examinations, and other regulatory activities required pursuant to...
  • N.C. Gen. Stat. § 58-10-355.   Organizational examination
    In addition to the processing of the application, an organizational investigation or examination may be performed before an applicant is licensed. Such investigation or...
  • N.C. Gen. Stat. § 58-10-360.   Designation of captive manager
    Before licensing, captive insurance companies shall report in writing to the Commissioner the name and address of the manager designated to manage the captive...
  • N.C. Gen. Stat. § 58-10-365.   Names of companies
    No captive insurance company shall adopt a name that is the same, deceptively similar, or likely to be confused with or mistaken for any...
  • N.C. Gen. Stat. § 58-10-370.   Capital and surplus requirements
    (a) No captive insurance company shall be issued a license unless it possesses and maintains unimpaired paid-in capital and surplus of: (1) In the...
  • N.C. Gen. Stat. § 58-10-375.   Dividends and distributions
    No captive insurance company shall pay a dividend or other distribution from capital or surplus without the prior approval of the Commissioner. Approval of...
  • N.C. Gen. Stat. § 58-10-380.   Formation of captive insurance companies
    (a) A pure captive insurance company may be incorporated as a stock insurer with its capital divided into shares and held by the stockholders,...
  • N.C. Gen. Stat. § 58-10-385.   Directors
    (a) Every captive insurance company shall report to the Commissioner within 30 days after any change in its executive officers or directors, including in...
  • N.C. Gen. Stat. § 58-10-390.   Conflict of interest
    (a) Each captive insurance company chartered in this State is required to adopt a conflict of interest statement for officers, directors, and key employees....
  • N.C. Gen. Stat. § 58-10-395.   Change of business
    (a) Any material change in a captive insurance company's business plan that was filed with the Commissioner at the time of initial application and...
  • N.C. Gen. Stat. § 58-10-400.   Insurance manager and intermediaries
    No person shall act in or from this State as a managing general agent, producer, or reinsurance intermediary for captive business without the authorization...
  • N.C. Gen. Stat. § 58-10-405.   Annual reports
    (a) No captive insurance companies shall be required to make any annual report to the Commissioner except as provided in this Part. (b) Prior...
  • N.C. Gen. Stat. § 58-10-410.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-10-415.   Annual audit and actuarial certification
    (a) All captive insurance companies shall have an annual audit by an independent certified public accountant and shall file such audited financial report with...
  • N.C. Gen. Stat. § 58-10-420.   Independent certified public accountants
    (a) A captive insurance company, after becoming subject to this Part, shall within 60 days report to the Commissioner in writing, the name and...
  • N.C. Gen. Stat. § 58-10-425.   Deposit requirement
    (a) Whenever the Commissioner deems that the financial condition of a captive insurance company warrants additional security beyond that required pursuant to G.S. 58-10-345(c)(6),...
  • N.C. Gen. Stat. § 58-10-430.   Examinations
    (a) Whenever the Commissioner determines it to be prudent, the Commissioner shall visit a captive insurance company and inspect and examine its affairs to...
  • N.C. Gen. Stat. § 58-10-435.   License suspension or revocation
    (a) The license of a captive insurance company may be suspended or revoked if the Commissioner finds, upon examination, hearing, or other evidence, that...
  • N.C. Gen. Stat. § 58-10-440.   Investment requirements
    (a) Except as may be otherwise authorized by the Commissioner, association captive insurance companies and risk retention groups shall comply with the investment requirements...
  • N.C. Gen. Stat. § 58-10-445.   Reinsurance
    (a) Any captive insurance company may provide reinsurance as authorized by this Chapter on risks ceded by any other insurer. (b) Any captive insurance...
  • N.C. Gen. Stat. § 58-10-450.   Membership in rating organizations; exemption from compulsory associations
    (a) No captive insurance company shall be required to join a rating organization. (b) No captive insurance company shall be permitted to join or...
  • N.C. Gen. Stat. § 58-10-455.   Taxation
    A captive insurance company is taxed in accordance with Article 8B of Chapter 105 of the General Statutes. (2013-116, s. 1.)
  • N.C. Gen. Stat. § 58-10-460.   Adoption and amendment of rules by Commissioner
    The Commissioner may adopt and, from time to time, amend such rules relating to captive insurance companies as are necessary to enable the Commissioner...
  • N.C. Gen. Stat. § 58-10-465.   Applicable provisions
    No provisions of this Chapter, other than those contained in this Part or as expressly provided in this Part, shall apply to captive insurance...
  • N.C. Gen. Stat. § 58-10-470.   Establishment of standards regarding risk management
    The Commissioner may adopt rules establishing standards to ensure that a parent or its affiliated company, or an industrial insured or its affiliated company,...
  • N.C. Gen. Stat. § 58-10-475.   Supervision; rehabilitation; liquidation
    Except as otherwise provided in this Part, the terms and conditions set forth in Article 30 of this Chapter shall apply in full to...
  • N.C. Gen. Stat. § 58-10-480.   Authority for expenditure of public funds
    Any municipality, county, authority, utility district, or other public body generally classified as a governmental body or governmental entity whether chartered or organized by...
  • N.C. Gen. Stat. § 58-10-485.   Violations and penalties
    (a) If, after providing the opportunity for a contested case hearing held in accordance with the provisions of Article 3A of Chapter 150B of...
  • N.C. Gen. Stat. § 58-10-490.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-10-495.   Captive insurance companies reinsuring life insurance policies
    (a) A captive insurance company that reinsures life insurance policies, including term, universal, and variable life policies, and related guarantees and riders, shall maintain...
  • N.C. Gen. Stat. § 58-10-500.   Forming a protected cell captive insurance company
    (a) One or more sponsors may form a protected cell captive insurance company under this Subpart. (b) A protected cell captive insurance company shall...
  • N.C. Gen. Stat. § 58-10-505.   Additional filing requirements for applicant protected cell captive insurance companies
    In addition to the information required by G.S. 58-10-345(c), each applicant protected cell captive insurance company shall file with the Commissioner all of the...
  • N.C. Gen. Stat. § 58-10-510.   Establishment of protected cells
    (a) A protected cell captive insurance company formed or licensed under this Part may establish and maintain one or more incorporated or unincorporated protected...
  • N.C. Gen. Stat. § 58-10-515.   Participation in a protected cell captive insurance company
    (a) Associations, corporations, limited liability companies, partnerships, trusts, and other business entities may be participants in any protected cell captive insurance company formed or...
  • N.C. Gen. Stat. § 58-10-520.   Combining assets of protected cells
    Notwithstanding G.S. 58-10-510, the assets of two or more protected cells may be combined for purposes of investment and such combination shall not be...
  • N.C. Gen. Stat. § 58-10-525.   Application of supervision, rehabilitation, and liquidation provisions to protected cell captive insurance companies
    (a) Except as otherwise provided in this Part, Article 30 of this Chapter shall apply to a protected cell captive insurance company. (b) Upon...
  • N.C. Gen. Stat. § 58-10-530.   Establishment of branch captive insurance companies
    (a) A branch captive insurance company may be established in this State, in accordance with this Subpart, to write in this State any insurance...
  • N.C. Gen. Stat. § 58-10-535.   Security for payment of branch captive insurance company liabilities
    (a) No branch captive insurance company shall be issued a license by the Commissioner unless it possesses and maintains as security for the payment...
  • N.C. Gen. Stat. § 58-10-540.   Petition for certificate of authority
    In the case of an alien captive insurance company seeking to become licensed as a branch captive insurance company, the alien captive insurance company...
  • N.C. Gen. Stat. § 58-10-545.   Filing of reports and statements
    Prior to March 1 of each year, or with the approval of the Commissioner within 60 days after its fiscal year-end, a branch captive...
  • N.C. Gen. Stat. § 58-10-550.   Examination of a branch captive insurance company
    (a) Any examination of a branch captive insurance company pursuant to G.S. 58-10-430 shall be of branch business and branch operations only so long...
  • N.C. Gen. Stat. § 58-10-555.   Creation of special purpose financial captives
    Special purpose financial captives (SPFCs) are provided by this Subpart exclusively to facilitate the securitization of one or more risks as a means of...
  • N.C. Gen. Stat. § 58-10-560.   Controlling provisions when conflict exists; exemptions
    (a) No provisions of this Chapter, other than those expressly provided in this Part, shall apply to an SPFC. If any conflict occurs in...
  • N.C. Gen. Stat. § 58-10-565.   Application requirements
    (a) An SPFC, when permitted by its organizational documents, may apply to the Commissioner for a certificate of authority to transact insurance or reinsurance...
  • N.C. Gen. Stat. § 58-10-570.   Organization of an SPFC
    (a) An SPFC may be established as a stock corporation, limited liability company, mutual, partnership, or other form of organization approved by the Commissioner....
  • N.C. Gen. Stat. § 58-10-575.   Minimum capital
    (a) An SPFC shall initially possess and maintain minimum capital of not less than two hundred and fifty thousand dollars ($250,000). All of the...
  • N.C. Gen. Stat. § 58-10-580.   Authorized activities
    (a) An SPFC shall only insure the risks of a counterparty. (b) No SPFC shall issue a contract for assumption of risk or indemnification...
  • N.C. Gen. Stat. § 58-10-585.   Establishment of protected cell accounts
    (a) This section and G.S. 58-10-590 provide a basis for the creation and use of protected cells by an SPFC as a means of...
  • N.C. Gen. Stat. § 58-10-590.   Protected cell accounts
    (a) All of the following shall apply to a protected cell: (1) The creation of a protected cell shall not create, with respect to...
  • N.C. Gen. Stat. § 58-10-595.   Issuing securities
    (a) An SPFC may issue securities, including surplus notes and other forms of financial instruments, subject to and in accordance with applicable law, its...
  • N.C. Gen. Stat. § 58-10-600.   Asset management agreements
    An SPFC may enter into swap agreements, or other forms of asset management agreements, including guaranteed investment contracts, or other transactions that have the...
  • N.C. Gen. Stat. § 58-10-605.   Reinsurance
    (a) An SPFC may reinsure only the risks of a ceding insurer pursuant to a reinsurance contract. No SPFC shall issue a contract of...
  • N.C. Gen. Stat. § 58-10-610.   No securities considered to be insurance or reinsurance contracts
    No securities issued by an SPFC pursuant to an insurance securitization shall be considered to be insurance or reinsurance contracts. No investor in these...
  • N.C. Gen. Stat. § 58-10-615.   Disposition of assets; investment limitations
    (a) The assets of an SPFC shall be preserved and administered by or on behalf of the SPFC to satisfy the liabilities and obligations...
  • N.C. Gen. Stat. § 58-10-620.   Dividends
    (a) No SPFC shall declare or pay dividends in any form to its owners other than in accordance with the insurance securitization transaction agreements,...
  • N.C. Gen. Stat. § 58-10-625.   Changes in plan of operation; filing of audit and statement of operation; examinations
    (a) Any material change of the SPFC's plan of operation, whether or not through an SPFC protected cell, shall require prior approval of the...
  • N.C. Gen. Stat. § 58-10-630.   Cessation of business
    At the cessation of business of an SPFC following termination or cancellation of an SPFC contract and the redemption of any related securities issued...
  • N.C. Gen. Stat. § 58-10-635.   Supervision, rehabilitation, or liquidation of SPFC
    (a) Except as otherwise provided in this section, the terms and conditions set forth in Article 30 of this Chapter pertaining to supervision, rehabilitation,...
  • N.C. Gen. Stat. § 58-10-650.   Other laws applicable to captive insurance companies
    In addition to the statutes and laws previously referred to in this Part, the following provisions of this Chapter are applicable to all captive...

Article 11 - Assessment Companies.

  • N.C. Gen. Stat. § 58-11-1.   Copies of charter and bylaws filed
    Every corporation, society, or organization of this or any other state or country, transacting business upon the cooperative or assessment plan, must file with...
  • N.C. Gen. Stat. § 58-11-5.   Contracts must accord with charter and bylaws
    Every policy or certificate or renewal receipt issued to a resident of this State by any corporation, association, or order transacting therein the business...
  • N.C. Gen. Stat. § 58-11-10.   "Assessment plan" printed on application and policy
    Every policy or certificate issued to a resident of the State by any corporation transacting in the State the business of life insurance upon...
  • N.C. Gen. Stat. § 58-11-15.   Revocation for noncompliance
    If any corporation or association transacting insurance business in this State on the assessment plan or issuing any policy upon the life of a...
  • N.C. Gen. Stat. § 58-11-20.   Deposits and advance assessments required
    Every domestic insurance company, association, order, or fraternal benefit society doing business on the assessment plan shall collect and keep at all times in...
  • N.C. Gen. Stat. § 58-11-25.   Deposits by foreign assessment companies or orders
    Each foreign insurance company, association, order, or fraternal benefit society doing business in this State on the assessment plan shall keep at all times...
  • N.C. Gen. Stat. § 58-11-30.   Revocation of license
    If any such corporation, association, or order at any time fails to comply with the provisions of G.S. 58-11-20 and 58-11-25 or shall issue...
  • N.C. Gen. Stat. § 58-11-35.   Mutual life insurance companies; assessments prohibited
    No domestic mutual life insurance company shall, after March 6, 1945, be organized to issue any policy of life insurance or any annuity contract...

Article 12 - Risk-Based Capital Requirements.

  • N.C. Gen. Stat. § 58-12-1.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-12-2.   Definitions
    As used in this Article, the following terms have the following meanings: (1) Adjusted risk-based capital report. - A risk-based capital report that has...
  • N.C. Gen. Stat. § 58-12-4.   Finding; endorsement of additional capital
    The General Assembly finds that an excess of capital over the amount produced by the risk-based capital requirements contained in this Article and in...
  • N.C. Gen. Stat. § 58-12-5.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-12-6.   Risk-based capital reports
    (a) Every domestic insurer shall, on or before each March 1 (the "filing date"), prepare and submit to the Commissioner a report of its...
  • N.C. Gen. Stat. § 58-12-10.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-12-11.   Company action level event
    (a) "Company action level event" means any of the following events: (1) The filing of a risk-based capital report by an insurer that indicates...
  • N.C. Gen. Stat. § 58-12-15.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-12-16.   Regulatory action level event
    (a) "Regulatory action level event" means, with respect to any insurer, any of the following events: (1) The filing of a risk-based capital plan...
  • N.C. Gen. Stat. § 58-12-20.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-12-21.   Authorized control level event
    (a) "Authorized control level event" means any of the following events: (1) The filing of a risk-based capital report by the insurer that indicates...
  • N.C. Gen. Stat. § 58-12-25.   Mandatory control level event
    (a) "Mandatory control level event" means any of the following events: (1) The filing of a risk-based capital report that indicates that the insurer's...
  • N.C. Gen. Stat. § 58-12-30.   Hearings
    Upon (i) notification to an insurer by the Commissioner of an adjusted risk-based capital report; or (ii) notification to an insurer by the Commissioner...
  • N.C. Gen. Stat. § 58-12-35.   Confidentiality and prohibition on announcements
    (a) All risk-based capital reports, to the extent the information therein is not required to be set forth in a publicly available annual statement...
  • N.C. Gen. Stat. § 58-12-40.   Supplemental provisions; rules; exemptions
    (a) The provisions of this Article are supplemental to any other provisions of the laws of this State, and do not preclude or limit...
  • N.C. Gen. Stat. § 58-12-45.   Foreign insurers
    (a) Any foreign insurer shall, upon written request of the Commissioner, submit to the Commissioner a risk-based capital report as of the end of...
  • N.C. Gen. Stat. § 58-12-50.   Notices
    All notices by the Commissioner to an insurer that may result in regulatory action under this Article are effective upon dispatch if transmitted by...
  • N.C. Gen. Stat. § 58-12-55.   Phase-in provision
    For risk-based capital reports required to be filed with respect to 1994, the following requirements apply in lieu of the provisions of G.S. 58-12-11:...
  • N.C. Gen. Stat. § 58-12-60.   Property or casualty phase-in provision
    For risk-based capital reports required to be filed by property or casualty insurers with respect to 1995, the following requirements apply in lieu of...
  • N.C. Gen. Stat. § 58-12-65.   Health organization phase-in provision
    For risk-based capital reports required to be filed by health organizations with respect to calendar year 2001, the following requirements apply in lieu of...
  • N.C. Gen. Stat. § 58-12-70.   HMO net worth requirements
    The Commissioner may require an HMO to have and maintain a larger amount of net worth than prescribed in G.S. 58-67-110, based upon the...

Article 13 - Asset Protection Act.

  • N.C. Gen. Stat. § 58-13-1.   Title
    This Article shall be known and may be cited as the "Asset Protection Act." (1985, c. 327, s. 1.)
  • N.C. Gen. Stat. § 58-13-5.   Purposes
    The purposes of this Article are to require insurers to maintain unencumbered assets in amounts equal to policyholder-related liabilities and minimum required capital and...
  • N.C. Gen. Stat. § 58-13-10.   Scope
    This Article applies to all domestic insurers and to all kinds of insurance written by those insurers under Articles 1 through 68 of this...
  • N.C. Gen. Stat. § 58-13-15.   Definitions
    As used in this Article: (1) "Assets" means all property, real or personal, tangible or intangible, legal or equitable, owned by an insurer. (2)...
  • N.C. Gen. Stat. § 58-13-20.   Exception
    (a) This Article does not apply to those reserve assets of an insurer that are held, deposited, pledged, hypothecated, or otherwise encumbered as provided...
  • N.C. Gen. Stat. § 58-13-25.   Prohibition of hypothecation
    (a) Every insurer subject to this Article shall at all times have and maintain free and unencumbered reserve assets equal to an amount that...

Article 14 - Unauthorized Insurance by Domestic Companies.

  • N.C. Gen. Stat. § 58-14-1.   Purpose of Article
    It is the purpose of this Article to effectively control and regulate the activities of domestic insurance companies so as to prevent them from...
  • N.C. Gen. Stat. § 58-14-5.   Domestic insurers prohibited from transacting business in foreign states without authorization; exceptions
    Except as hereinafter provided, no domestic insurer organized under the laws of this State shall transact or attempt to transact or solicit business in...
  • N.C. Gen. Stat. § 58-14-10.   Domestic insurers; advertising; exceptions
    No domestic insurer shall knowingly solicit or advertise its insurance business in a state or jurisdiction in which it is not licensed as an...
  • N.C. Gen. Stat. § 58-14-15.   Penalties provided for unauthorized acts
    When any domestic insurer knowingly engages in the practice of soliciting, advertising or making contracts for insurance in states or jurisdictions in which it...

Article 15 - Reciprocal Insurance.

  • N.C. Gen. Stat. § 58-15-1.   Scope
    This Article applies to all reciprocals and reciprocal insurance. (1989, c. 425, s. 1.)
  • N.C. Gen. Stat. § 58-15-5.   Definitions
    As used in this Article: (1) "Attorney" means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on...
  • N.C. Gen. Stat. § 58-15-10.   Kinds of insurance
    A reciprocal licensed in this State may write the kinds of insurance enumerated in G.S. 58-7-15, except life insurance, annuities, and title insurance. (1989,...
  • N.C. Gen. Stat. § 58-15-15.   Risk limitations
    (a) Except for Article 11 of this Chapter and as otherwise specifically provided, all the provisions of Articles 1 through 64 of this Chapter...
  • N.C. Gen. Stat. § 58-15-20.   Eligible contracting persons
    (a) Persons of this State may enter into reciprocal insurance contracts with each other and with persons of other states and countries. (b) For...
  • N.C. Gen. Stat. § 58-15-25.   Business name
    Every reciprocal shall have and use an appropriate business name that includes the word or words "reciprocal," "interinsurer," "interinsurance," or "exchange". (1989, c. 425,...
  • N.C. Gen. Stat. § 58-15-30.   License, surplus, and deposit requirements
    (a) No reciprocal shall engage in any insurance transaction in this State until it has obtained a license to do so in accordance with...
  • N.C. Gen. Stat. § 58-15-35.   Continuation of business under prior requirements
    (a) Notwithstanding other provisions of Articles 1 through 64 of this Chapter regarding minimum required surplus, any reciprocal that was licensed to write and...
  • N.C. Gen. Stat. § 58-15-40.   Certification of foreign and alien reciprocals
    No foreign reciprocal shall be licensed in this State until it files with the Commissioner a certificate of the insurance regulator of the state...
  • N.C. Gen. Stat. § 58-15-45.   Attorney's domicile
    Nothing in Articles 1 through 64 of this Chapter regarding the admission and licensing of foreign and alien insurers requires that the attorney of...
  • N.C. Gen. Stat. § 58-15-50.   Contracts and property
    A reciprocal may enter into contracts and acquire, hold title to, and convey property in its business name. All contracts of a reciprocal, including...
  • N.C. Gen. Stat. § 58-15-55.   Agent's license
    No person shall act in this State as an agent of a reciprocal in the solicitation or procurement of applications for insurance, subscriber's agreements,...
  • N.C. Gen. Stat. § 58-15-60.   Subscribers' contingent liability
    (a) Each subscriber insured under an assessable policy has a contingent assessment liability for payment of actual losses and expenses incurred by the reciprocal...
  • N.C. Gen. Stat. § 58-15-65.   Nonassessable policies
    (a) The Commissioner may issue a certificate authorizing the reciprocal to reduce or extinguish the contingent assessment liability of subscribers under its policies then...
  • N.C. Gen. Stat. § 58-15-70.   Distribution to subscribers
    A reciprocal may return to its subscribers any savings or credits accruing to their accounts. Any such distribution shall not unfairly discriminate between classes...
  • N.C. Gen. Stat. § 58-15-75.   Reserves
    Each reciprocal shall maintain the same unearned premium and loss or claim reserves required for stock and mutual companies writing the same kinds of...
  • N.C. Gen. Stat. § 58-15-80.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-15-85.   Service of process
    (a) Each attorney of a domestic reciprocal who files the declaration required by G.S. 58-15-100, and each attorney of a foreign or alien reciprocal...
  • N.C. Gen. Stat. § 58-15-90.   Legal proceedings
    (a) Any reciprocal doing business in this State may sue or be sued in its business name. (b) Any action or suit against a...
  • N.C. Gen. Stat. § 58-15-95.   Liability on judgments
    Any judgment against a reciprocal based upon legal process duly served as provided in this Article is binding upon the reciprocal and upon each...
  • N.C. Gen. Stat. § 58-15-100.   Declaration for license
    (a) One hundred or more persons domiciled in this State and designated as subscribers may organize a domestic reciprocal and apply to the Commissioner...
  • N.C. Gen. Stat. § 58-15-105.   Attorney's bond
    (a) Concurrent with the filing of the declaration provided for in G.S. 58-15-100, the attorney of a domestic reciprocal shall file with the Commissioner...
  • N.C. Gen. Stat. § 58-15-110.   Deposit in lieu of bond
    Instead of filing the bond required by G.S. 58-15-105, the attorney may maintain on deposit with the Commissioner an equal amount in cash or...
  • N.C. Gen. Stat. § 58-15-115.   Advisory committee
    The advisory committee exercising the subscribers' rights in a domestic reciprocal shall be selected under rules adopted by the subscribers. At least three-fourths of...
  • N.C. Gen. Stat. § 58-15-120.   Subscriber's agreement and power of attorney
    (a) Every subscriber of a domestic reciprocal shall execute a subscriber's agreement and power of attorney setting forth the rights, privileges, and obligations of...
  • N.C. Gen. Stat. § 58-15-125.   Modification of subscriber's agreement and power of attorney
    Modification of the terms of the subscriber's agreement and the power of attorney of a domestic reciprocal shall be made jointly by the attorney...
  • N.C. Gen. Stat. § 58-15-130.   Advance of funds
    The attorney or other interested persons may advance to a domestic reciprocal any funds required for its operations. The funds advanced shall not be...
  • N.C. Gen. Stat. § 58-15-135.   Assessments
    (a) Assessments may be levied upon the subscribers of a domestic reciprocal by the attorney in accordance with G.S. 58-15-60. The assessments shall be...
  • N.C. Gen. Stat. § 58-15-140.   Duration of liability for assessment
    Every subscriber of a domestic reciprocal having contingent assessment liability shall be liable for and shall pay his share of any assessment computed in...
  • N.C. Gen. Stat. § 58-15-145.   Distribution of assets after liquidation
    Upon the liquidation of a domestic reciprocal, the assets remaining after (i) discharge of its indebtedness and policy obligations, (ii) the return of any...
  • N.C. Gen. Stat. § 58-15-150.   Financial impairment; assessment; liquidation
    (a) If (i) the assets of a domestic reciprocal are at any time insufficient to settle the sum of its liabilities, except those on...

Article 16 - Foreign or Alien Insurance Companies.

  • N.C. Gen. Stat. § 58-16-1.   Admitted to do business
    Foreign or alien insurance companies, upon complying with the conditions of Articles 1 through 64 of this Chapter applicable to them, may be admitted...
  • N.C. Gen. Stat. § 58-16-5.   Conditions of licensure
    A foreign or alien insurance company may be licensed to do business when it: (1) Deposits with the Commissioner a certified copy of its...
  • N.C. Gen. Stat. § 58-16-6.   Conditions of continued licensure
    In order for a foreign insurance company to continue to be licensed, it shall report any changes in the documents filed under G.S. 58-16-5(1)...
  • N.C. Gen. Stat. § 58-16-10.   Limitation as to kinds of insurance
    Any foreign or alien company admitted to do business in this State shall be limited with respect to doing kinds of insurance in this...
  • N.C. Gen. Stat. § 58-16-15.   Foreign companies; requirements for admission
    A company organized under the laws of any other of these United States for the transaction of life insurance may be admitted to do...
  • N.C. Gen. Stat. § 58-16-20.   Company owned or controlled by foreign government prohibited from doing business
    (a) Any insurance company or other insurance entity that is owned or controlled by any foreign government outside the continental limits of the United...
  • N.C. Gen. Stat. § 58-16-25.   Retaliatory laws
    When, by the laws of any other state or nation, any fines, penalties, licenses, fees, deposits of money or of securities, or other obligations...
  • N.C. Gen. Stat. § 58-16-30.   Service of legal process upon Commissioner
    As an alternative to service of legal process under G.S. 1A-1, Rule 4, the service of such process upon any insurance company or any...
  • N.C. Gen. Stat. § 58-16-35.   Unauthorized Insurers Process Act
    (a) Purpose of Section. - The purpose of this section is to subject certain insurers to the jurisdiction of courts of this State in...
  • N.C. Gen. Stat. § 58-16-40.   Alternative service of process on insurers
    In addition to the procedures set out in Articles 1 through 64 of this Chapter, insurers may be served with process and subjected to...
  • N.C. Gen. Stat. § 58-16-45.   Commissioner to notify company of service or acceptance of service of process
    When service of legal process is made in the manner provided in G.S. 58-16-30, the Commissioner or his duly appointed deputy shall within four...
  • N.C. Gen. Stat. § 58-16-50.   Action to enforce compliance with this Chapter
    Compliance with the provisions of Articles 1 through 64 of this Chapter as to deposits, obligations, and prohibitions, and the payment of taxes, fines,...
  • N.C. Gen. Stat. § 58-16-55.   Amendments to documents
    Any change in or amendment to any document required to be filed under G.S. 58-16-5 shall be promptly filed with the Commissioner. (1989, c....

Article 17 - "Lloyds" Insurance Associations.

  • N.C. Gen. Stat. § 58-17-1.   "Lloyds" insurance associations may transact business of insurance other than life, on certain conditions
    Associations of individuals, whether organized within the State or elsewhere, formed upon the plan known as "Lloyds" - whereby each associate underwriter becomes liable...

Article 18 - Promoting and Holding Companies.

  • N.C. Gen. Stat. § 58-18-1 through 58-18-25.   Repealed by Session Laws 2001-223, s. 15, effective June 15, 2001
  • N.C. Gen. Stat. § 58-18-1 through 58-18-25.   Repealed by Session Laws 2001-223, s. 15, effective June 15, 2001
  • N.C. Gen. Stat. § 58-18-1 through 58-18-25.   Repealed by Session Laws 2001-223, s. 15, effective June 15, 2001
  • N.C. Gen. Stat. § 58-18-1 through 58-18-25.   Repealed by Session Laws 2001-223, s. 15, effective June 15, 2001
  • N.C. Gen. Stat. § 58-18-1 through 58-18-25.   Repealed by Session Laws 2001-223, s. 15, effective June 15, 2001
  • N.C. Gen. Stat. § 58-18-1 through 58-18-25.   Repealed by Session Laws 2001-223, s. 15, effective June 15, 2001

Article 19 - Insurance Holding Company System Regulatory Act.

  • N.C. Gen. Stat. § 58-19-1.   Findings; purpose; legislative intent
    (a) The General Assembly finds that the public interest and the interests of policyholders are or may be adversely affected when any of the...
  • N.C. Gen. Stat. § 58-19-2.   Compliance with federal law
    (a) As used in this section, "depository institution" has the same meaning as in section 3 of the Federal Deposit Insurance Act, 12 U.S.C....
  • N.C. Gen. Stat. § 58-19-5.   Definitions
    As used in this Article, unless the context requires otherwise, the following terms have the following meanings: (1) An "affiliate" of or person "affiliated"...
  • N.C. Gen. Stat. § 58-19-10.   Subsidiaries of insurers
    (a) Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged...
  • N.C. Gen. Stat. § 58-19-15.   Acquisition of control of or merger with domestic insurer
    (a) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into...
  • N.C. Gen. Stat. § 58-19-17.   Foreign or alien insurer's report of change of control
    (a) As used in this section, "controlling capital stock" means enough of an insurer's shares of the issued and outstanding stock, as defined in...
  • N.C. Gen. Stat. § 58-19-20.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-19-25.   Registration of insurers
    (a) Every insurer that is licensed to do business in this State and that is a member of an insurance holding company system shall...
  • N.C. Gen. Stat. § 58-19-30.   Standards and management of an insurer within a holding company system
    (a) Transactions within a holding company system to which an insurer subject to registration is a party are subject to all of the following...
  • N.C. Gen. Stat. § 58-19-35.   Examination
    (a) Subject to the limitation contained in this section and in addition to the powers that the Commissioner has under other provisions of Articles...
  • N.C. Gen. Stat. § 58-19-40.   Confidential treatment
    All information, documents, and copies thereof obtained by or disclosed to the Commissioner or any other person in the course of an examination or...
  • N.C. Gen. Stat. § 58-19-45.   Injunctions; prohibitions against the voting of securities; sequestration of voting securities
    (a) Whenever it appears to the Commissioner that any person has committed or is about to commit a violation of this Article or of...
  • N.C. Gen. Stat. § 58-19-50.   Sanctions
    (a) Any person failing, without just cause, to file any registration statement as required in this Article shall pay, after notice and hearing, a...
  • N.C. Gen. Stat. § 58-19-55.   Receivership
    Whenever it appears to the Commissioner that any person has committed a violation of this Article that so impairs the financial condition of a...
  • N.C. Gen. Stat. § 58-19-60.   Recovery
    (a) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under such order has a right...
  • N.C. Gen. Stat. § 58-19-65.   Revocation or suspension of insurer's license
    Whenever it appears to the Commissioner that any person has committed a violation of this Article that makes the continued operation of an insurer...
  • N.C. Gen. Stat. § 58-19-70.   Judicial review; mandatory injunction or writ of mandamus
    (a) Any person aggrieved by any order made by the Commissioner pursuant to this Article may appeal in accordance with G.S. 58-2-75. (b) Any...

Article 20 - Hull Insurance, and Protection and Indemnity Clubs.

  • N.C. Gen. Stat. § 58-20-1.   Short title
    This Article may be cited as the "Commercial Fishermen's Hull Insurance, and Protection and Indemnity Club Act". (1987, c. 330.)
  • N.C. Gen. Stat. § 58-20-5.   Definitions
    For purposes of this Article: (1) "Association" means a trade or professional association that has been in existence for at least five years, and...
  • N.C. Gen. Stat. § 58-20-10.   Commercial Fishermen Hull Insurance, and Protection and Indemnity Clubs authorized
    In addition to other authority granted under Articles 1 through 64 of this Chapter, ten or more commercial fishermen who are members of an...
  • N.C. Gen. Stat. § 58-20-15.   Board of trustees
    (a) A Club shall be operated by a board of trustees. Each trustee shall also be a member of an association. The trustees shall...
  • N.C. Gen. Stat. § 58-20-20.   Mutual agreement for indemnification
    (a) An agreement made under this Article shall contain provisions for: (1) A system or program of loss control; (2) The termination of membership;...
  • N.C. Gen. Stat. § 58-20-25.   Termination of Club membership; notice
    If a member fails to pay his contributions calls, or assessment, or other property required by the board of trustees as authorized by this...
  • N.C. Gen. Stat. § 58-20-30.   Financial monitoring and evaluation of clubs
    Each club shall be audited annually, at the Club's expense, by a certified public accounting firm. A copy of the audit report shall be...
  • N.C. Gen. Stat. § 58-20-35.   Insolvency or impairment of Club
    (a) If an annual audit or an examination by the Commissioner reveals that the assets of a Club are insufficient to discharge its legal...
  • N.C. Gen. Stat. § 58-20-40.   Immunity of administrators and boards of trustees
    There is no liability on the part of and no cause of action arises against any board of trustees established under this Article, or...

Article 21 - Surplus Lines Act.

  • N.C. Gen. Stat. § 58-21-1.   Short title
    This Article shall be known and may be cited as the "Surplus Lines Act". (1985, c. 688, s. 1.)
  • N.C. Gen. Stat. § 58-21-2.   Relationship to other insurance laws
    Unless surplus lines insurance, surplus lines licensees, or nonadmitted insurers are specifically referenced in a particular section of this Chapter, no sections contained in...
  • N.C. Gen. Stat. § 58-21-4.   Nonadmitted and Reinsurance Reform Act duties
    (a) For the purposes of carrying out the provisions of the Nonadmitted and Reinsurance Reform Act of 2010, the Commissioner is authorized to utilize...
  • N.C. Gen. Stat. § 58-21-5.   Purposes; necessity for regulation
    This Article shall be liberally construed and applied to promote its underlying purposes, which include: (1) Protecting persons in this State seeking insurance; (2)...
  • N.C. Gen. Stat. § 58-21-10.   Definitions
    As used in this Article: (1) "Admitted insurer" means an insurer licensed to engage in the business of insurance in this State. (1a) "Affiliate"...
  • N.C. Gen. Stat. § 58-21-11.   Home state
    (a) The provisions of this Article shall apply to those transactions in which North Carolina is the home state of the insured. (b) Except...
  • N.C. Gen. Stat. § 58-21-15.   Placement of surplus lines insurance
    Surplus lines may be placed by a surplus lines licensee if all of the following apply: (1) Each insurer is an eligible surplus lines...
  • N.C. Gen. Stat. § 58-21-16.   Streamlined application for commercial purchasers
    (a) A surplus lines licensee seeking to procure or place nonadmitted insurance in this State for an exempt commercial purchaser shall not be required...
  • N.C. Gen. Stat. § 58-21-17.   Placement with alien insurers
    Nothing in this Article prohibits a surplus lines licensee from placing surplus lines insurance with, or procuring surplus lines insurance from, a nonadmitted insurer...
  • N.C. Gen. Stat. § 58-21-20.   Eligible surplus lines insurers required
    (a) A surplus lines licensee shall not place coverage with a nonadmitted insurer unless, at the time of placement, the surplus lines licensee has...
  • N.C. Gen. Stat. § 58-21-22.   Limitation on amount of salary protection insurance
    When salary protection insurance benefits are payable to an individual or an individual's beneficiary, the amount of salary protection insurance plus the amount of...
  • N.C. Gen. Stat. § 58-21-25.   Other nonadmitted insurers
    Only that portion of any risk eligible for export for which the full amount of coverage is not procurable from eligible surplus lines insurers...
  • N.C. Gen. Stat. § 58-21-30.   Withdrawal of eligibility from a surplus lines insurer
    If at any time the Commissioner has reason to believe that an eligible surplus lines insurer: (1) Is in unsound financial condition or has...
  • N.C. Gen. Stat. § 58-21-35.   Duty to file and retain reports
    (a) Within 30 days after the placing of any surplus lines insurance, the surplus lines licensee shall file with the Commissioner a report in...
  • N.C. Gen. Stat. § 58-21-40.   Surplus lines regulatory support organization
    (a) A surplus lines regulatory support organization of surplus lines licensees shall be formed to: (1) Facilitate and encourage compliance by resident and nonresident...
  • N.C. Gen. Stat. § 58-21-45.   Evidence of the insurance; changes; penalty
    (a) As soon as surplus lines insurance has been placed, the producing broker or surplus lines licensee shall promptly deliver the policy to the...
  • N.C. Gen. Stat. § 58-21-50.   Duty to notify insured
    No contract of insurance placed by a surplus lines licensee under this Article shall be binding upon the insured and no premium charged therefor...
  • N.C. Gen. Stat. § 58-21-55.   Valid surplus lines insurance
    Insurance contracts procured under this Article shall be valid and enforceable as to all parties. (1985, c. 688, s. 1.)
  • N.C. Gen. Stat. § 58-21-60.   Effect of payment to surplus lines licensee
    A payment of premium to a surplus lines licensee acting for a person other than himself in negotiating, continuing, or reviewing any policy of...
  • N.C. Gen. Stat. § 58-21-65.   Licensing of surplus lines licensee
    (a) For insureds whose home state is this State, no agent or broker licensed by the Commissioner shall procure any contract of surplus lines...
  • N.C. Gen. Stat. § 58-21-70.   Surplus lines licensees may accept business from other agents or brokers; countersignatures required; remittance of premium tax
    (a) A surplus lines licensee may originate surplus lines insurance or accept such insurance from any other duly licensed agent or broker, and the...
  • N.C. Gen. Stat. § 58-21-75.   Records of surplus lines licensee
    Each surplus lines licensee shall keep in his or her office in this State a full and true record of each surplus lines insurance...
  • N.C. Gen. Stat. § 58-21-80.   Quarterly reports; summary of exported business
    On or before the end of January, April, July, and October of each year, each surplus lines licensee shall file with the Commissioner, on...
  • N.C. Gen. Stat. § 58-21-85.   Surplus lines tax
    (a) Gross premiums charged, less any return premiums, for surplus lines insurance on insureds for whom North Carolina is the home state are subject...
  • N.C. Gen. Stat. § 58-21-90.   Collection of tax
    All provisions of Chapter 105 of the General Statutes, not inconsistent with this Article, relating to administration, auditing and making returns, the imposition and...
  • N.C. Gen. Stat. § 58-21-95.   Suspension, revocation or nonrenewal of surplus lines licensee's license
    The Commissioner may suspend, revoke, or refuse to renew the license of a surplus lines licensee after notice and hearing as provided under G.S....
  • N.C. Gen. Stat. § 58-21-100.   Actions against surplus lines insurer; service of process
    (a) A surplus lines insurer may be sued upon any cause of action arising in this State, under any surplus lines insurance contract made...
  • N.C. Gen. Stat. § 58-21-105.   Penalties
    (a) Any surplus lines licensee who in this State represents or aids a nonadmitted insurer in violation of this Article shall be guilty of...

Article 22 - Liability Risk Retention.

  • N.C. Gen. Stat. § 58-22-1.   Purpose
    The purpose of this Article is to regulate the formation and operation of risk retention and purchasing groups in this State that are formed...
  • N.C. Gen. Stat. § 58-22-5.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-22-10.   Definitions
    As used in this Article: (1) "Completed operations liability" means liability arising out of the installation, maintenance, or repair of any product at a...
  • N.C. Gen. Stat. § 58-22-15.   Risk retention groups chartered in this State
    (a) A risk retention group shall, pursuant to the provisions of Part 9 of Article 10 of this Chapter, be chartered and licensed to...
  • N.C. Gen. Stat. § 58-22-20.   Risk retention groups not chartered in this State
    Risk retention groups that have been chartered in states other than this State and that seek to do business as risk retention groups in...
  • N.C. Gen. Stat. § 58-22-25.   Compulsory association
    (a) No risk retention group is required to join or contribute financially to any insurance insolvency or guaranty fund or similar mechanism in this...
  • N.C. Gen. Stat. § 58-22-30.   Countersignature not required
    A policy of insurance issued to a risk retention group or any member of that group is not required to be countersigned as otherwise...
  • N.C. Gen. Stat. § 58-22-35.   Purchasing groups; exemption from certain laws relating to the group purchase of insurance
    (a) Any purchasing group meeting the criteria established under the provisions of 15 U.S.C. 3901 et seq. is exempt from any law of this...
  • N.C. Gen. Stat. § 58-22-40.   Notice and registration requirements of purchasing groups
    (a) A purchasing group that intends to do business in this State shall, before doing business, furnish notice to the Commissioner that shall: (1)...
  • N.C. Gen. Stat. § 58-22-45.   Restriction on insurance purchased by purchasing groups
    (a) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state nor from an insurer...
  • N.C. Gen. Stat. § 58-22-50.   Administrative and procedural authority regarding risk retention groups and purchasing groups
    The Commissioner is authorized to make use of any of the powers established under Articles 1 through 64 of this Chapter to enforce the...
  • N.C. Gen. Stat. § 58-22-55.   Penalties
    A risk retention group that violates any provision of this Article is subject to G.S. 58-2-70. (1985 (Reg. Sess., 1986), c. 1013, s. 8;...
  • N.C. Gen. Stat. § 58-22-60.   Duty of agents or brokers to obtain license
    Any person acting, or offering to act, as an agent or broker for a risk retention group or purchasing group, that solicits members, sells...
  • N.C. Gen. Stat. § 58-22-65.   Binding effect of orders issued in U.S. District Court
    An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating, in...
  • N.C. Gen. Stat. § 58-22-70.   Registration and renewal fees
    Every risk retention group and purchasing group that registers with the Commissioner under this Article shall pay the following fees: Risk retention group registration..........................................................

Article 23 - Local Government Risk Pools.

  • N.C. Gen. Stat. § 58-23-1.   Short title; definition
    This Article shall be known and may be cited as the Local Government Risk Pool Act. As used in this Article, "local government" means...
  • N.C. Gen. Stat. § 58-23-5.   Local government pooling of property, liability and workers' compensation coverages
    (a) In addition to other authority granted to local governments under Chapters 153A and 160A of the General Statutes to jointly purchase insurance or...
  • N.C. Gen. Stat. § 58-23-10.   Board of trustees
    (a) Each pool will be operated by a board of trustees consisting of at least five persons who are elected officials or employees of...
  • N.C. Gen. Stat. § 58-23-15.   Contract
    A contract or agreement made pursuant to this Article must contain provisions: (1) For a system or program of loss control; (2) For termination...
  • N.C. Gen. Stat. § 58-23-20.   Termination
    A pool or a terminating member must provide at least 90 days' written notice of the termination or cancellation. A workers' compensation pool must...
  • N.C. Gen. Stat. § 58-23-25.   Repealed by Session Laws 1993, c. 452, s. 65
  • N.C. Gen. Stat. § 58-23-26.   Financial monitoring and evaluation of pools
    (a) Each pool shall have an annual audit by an independent certified public accountant, pursuant to Part 7 of Article 10 of this Chapter,...
  • N.C. Gen. Stat. § 58-23-30.   Insolvency or impairment of pool
    (a) If, as a result of the annual audit or an examination by the Commissioner, it appears that the assets of a pool are...
  • N.C. Gen. Stat. § 58-23-35.   Immunity of administrators and boards of trustees
    There is no liability on the part of and no cause of action arises against any board of trustees established or administrator appointed pursuant...
  • N.C. Gen. Stat. § 58-23-40.   Pools not covered by guaranty associations
    The provisions of Articles 48 and 62 of this Chapter and of Article 4 of Chapter 97 of the General Statutes do not apply...
  • N.C. Gen. Stat. § 58-23-45.   Relationship to other insurance laws
    Unless local government risk pools are specifically referenced in a particular section of this Chapter, no provisions in this Chapter other than this Article...

Article 24 - Fraternal Benefit Societies.

  • N.C. Gen. Stat. § 58-24-1.   Fraternal benefit societies
    Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of G.S. 58-24-185(a)(2) whether incorporated or not, conducted...
  • N.C. Gen. Stat. § 58-24-5.   Lodge system
    (a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected,...
  • N.C. Gen. Stat. § 58-24-10.   Representative form of government
    A society has a representative form of government when: (a) It has a supreme governing body constituted in one of the following ways: (1)...
  • N.C. Gen. Stat. § 58-24-15.   Terms used
    Whenever used in this Article: (a) "Benefit contract" shall mean the agreement for provision of benefits authorized by G.S. 58-24-75, as that agreement is...
  • N.C. Gen. Stat. § 58-24-20.   Purposes and powers
    (a) A society shall operate for the benefit of members and their beneficiaries by: (1) Providing benefits as specified in G.S. 58-24-75; and (2)...
  • N.C. Gen. Stat. § 58-24-25.   Qualifications for membership
    (a) A society shall specify in its laws or rules: (1) Eligibility standards for each and every class of membership, provided that if benefits...
  • N.C. Gen. Stat. § 58-24-30.   Location of office, meetings, communications to members, grievance procedures
    (a) The principal office of any domestic society shall be located in this State. The meetings of its supreme governing body may be held...
  • N.C. Gen. Stat. § 58-24-35.   No personal liability
    (a) The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for any...
  • N.C. Gen. Stat. § 58-24-40.   Waiver
    The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members shall have the power or...
  • N.C. Gen. Stat. § 58-24-45.   Organization
    A domestic society organized on or after January 1, 1988 shall be formed as follows: (a) Ten or more citizens of the United States,...
  • N.C. Gen. Stat. § 58-24-50.   Amendments to laws
    (a) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular...
  • N.C. Gen. Stat. § 58-24-55.   Institutions
    A society may create, maintain and operate, or may establish organizations to operate, not for profit institutions to further the purposes permitted by G.S....
  • N.C. Gen. Stat. § 58-24-60.   Reinsurance
    (a) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer (other...
  • N.C. Gen. Stat. § 58-24-65.   Consolidations and mergers
    (a) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with...
  • N.C. Gen. Stat. § 58-24-70.   Conversion of fraternal benefit society into mutual life insurance company
    Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the requirements of the...
  • N.C. Gen. Stat. § 58-24-75.   Benefits
    (a) A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or...
  • N.C. Gen. Stat. § 58-24-80.   Beneficiaries
    (a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the...
  • N.C. Gen. Stat. § 58-24-85.   Benefits not attachable
    No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society, shall be liable to attachment, garnishment...
  • N.C. Gen. Stat. § 58-24-90.   The benefit contract
    (a) Every society authorized to do business in this State shall issue to each owner of a benefit contract a certificate specifying the amount...
  • N.C. Gen. Stat. § 58-24-95.   Nonforfeiture benefits, cash surrender values, certificate loans and other options
    (a) For certificates issued prior to one year after January 1, 1988, the value of every paid-up nonforfeiture benefit and the amount of any...
  • N.C. Gen. Stat. § 58-24-100.   Investments
    A society shall invest its funds only in investments that are authorized by the laws of this State for the investment of assets of...
  • N.C. Gen. Stat. § 58-24-105.   Funds
    (a) All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall have...
  • N.C. Gen. Stat. § 58-24-110.   Exemptions
    Except as herein provided, societies shall be governed by this Article and shall be exempt from all other provisions of the general insurance laws...
  • N.C. Gen. Stat. § 58-24-115.   Taxation
    Every society organized or licensed under this Article is hereby declared to be a charitable and benevolent institution, and all of its funds shall...
  • N.C. Gen. Stat. § 58-24-120.   Valuation
    (a) Standards of valuation for certificates issued prior to one year after the effective date of this Article shall be those provided by the...
  • N.C. Gen. Stat. § 58-24-125.   Reports
    Reports shall be filed in accordance with the provisions of this section. (a) Every society transacting business in this State shall annually, on or...
  • N.C. Gen. Stat. § 58-24-130.   Perpetual license
    Subject to timely payment of the annual license continuation fee and subject to any other applicable provisions of the insurance laws of this State,...
  • N.C. Gen. Stat. § 58-24-135.   Examination of societies; no adverse publications
    (a) The Commissioner, or any person he or she may appoint, may examine any domestic, foreign or alien society transacting or applying for admission...
  • N.C. Gen. Stat. § 58-24-140.   Foreign or alien society - Admission
    No foreign or alien society shall transact business in this State without a license issued by the Commissioner. Any such society desiring admission to...
  • N.C. Gen. Stat. § 58-24-145.   Injunction - Liquidation - Receivership of domestic society
    (a) When the Commissioner upon investigation finds that a domestic society: (1) Has exceeded its powers; (2) Has failed to comply with any provision...
  • N.C. Gen. Stat. § 58-24-150.   Suspension, revocation or refusal of license of foreign or alien society
    (a) When the Commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this State: (1) Has...
  • N.C. Gen. Stat. § 58-24-155.   Injunction
    No application or petition for injunction against any domestic, foreign or alien society, or lodge thereof, shall be recognized in any court of this...
  • N.C. Gen. Stat. § 58-24-160.   Licensing of agents
    (a) Agents of societies shall be licensed in accordance with the provisions of the general insurance laws regulating the licensing, revocation, suspension or termination...
  • N.C. Gen. Stat. § 58-24-165.   Unfair methods of competition and unfair and deceptive acts and practices
    Every society authorized to do business in this State shall be subject to the provisions of Article 63 of this Chapter relating to unfair...
  • N.C. Gen. Stat. § 58-24-170.   Service of process
    (a) Every society authorized to do business in this State shall appoint in writing the Commissioner and each successor in office to be its...
  • N.C. Gen. Stat. § 58-24-175.   Review
    All decisions and findings of the Commissioner made under the provisions of this Article shall be subject to review under G.S. 58-2-75. (1987, c....
  • N.C. Gen. Stat. § 58-24-180.   Penalties
    (a) Any person, officer, member, or examining physician of any society authorized to do business under this Article who shall knowingly or willfully make...
  • N.C. Gen. Stat. § 58-24-185.   Exemption of certain societies, orders, and associations
    (a) Nothing contained in this Article shall be so construed as to affect or apply to: (1) Grand or subordinate lodges of societies, orders...
  • N.C. Gen. Stat. § 58-24-190.   Severability
    If any provision of this Article or the application of such provision to any circumstance is held invalid, the remainder of the Article or...

Article 25 - Fraternal Orders.

  • N.C. Gen. Stat. § 58-25-1.   General insurance law not applicable
    Nothing in the general insurance laws, except such as apply to fraternal orders shall be construed to extend to benevolent associations incorporated under the...
  • N.C. Gen. Stat. § 58-25-5.   Fraternal orders defined
    Every incorporated association, order, or society doing business in this State on the lodge system, with ritualistic form of work and representative form of...
  • N.C. Gen. Stat. § 58-25-10.   Funds derived from assessments and dues
    The fund from which the payment of benefits, as provided for in G.S. 58-25-5, shall be made, and the fund from which the expenses...
  • N.C. Gen. Stat. § 58-25-15.   Appointment of member as receiver or collector; appointee as agent for order or society; rights of members
    Assessments and dues referred to in G.S. 58-25-5 and G.S. 58-25-10 may be collected, receipted, and remitted by a member or officer of any...
  • N.C. Gen. Stat. § 58-25-20.   Meetings of governing body; principal office
    Any such order or society incorporated and organized under the laws of this State may provide for the meeting of its supreme legislative or...
  • N.C. Gen. Stat. § 58-25-25.   Conditions precedent to doing business
    Any such fraternal order, society, or association as defined by this Article, chartered and organized in this State or organized and doing business under...
  • N.C. Gen. Stat. § 58-25-30.   Certain lodge systems exempt
    The following beneficial orders or societies shall be exempt from the requirements of this Article, and shall not be required to pay any license...
  • N.C. Gen. Stat. § 58-25-35.   Insurance on children
    Any fraternal order or society authorized pursuant to this Article to do business in this State and operating on the lodge plan may provide...
  • N.C. Gen. Stat. § 58-25-40.   Medical examination; certificates and contributions
    No benefit certificate as to any child shall take effect until after medical examination or inspection by a licensed medical practitioner, in accordance with...
  • N.C. Gen. Stat. § 58-25-45.   Reserve fund; exchange of certificates
    Any order or society entering into such insurance agreements shall maintain on all such contracts the reserve required by the standard of mortality and...
  • N.C. Gen. Stat. § 58-25-50.   Separation of funds
    An entirely separate financial statement of the business transactions and of assets and liabilities arising therefrom shall be made in its annual report to...
  • N.C. Gen. Stat. § 58-25-55.   Payments to expense or general fund
    Any order or society shall have the right to provide in its laws and the certificate issued hereunder for specified payments on account of...
  • N.C. Gen. Stat. § 58-25-60.   Continuation of certificates
    In the event of the termination of membership in the order or society by the person responsible for the support of any child on...
  • N.C. Gen. Stat. § 58-25-65.   Appointment of trustees to hold property
    The lodges of Masons, Odd Fellows, Knights of Pythias, camps of Woodmen of the World, councils of the Junior Order of United American Mechanics,...
  • N.C. Gen. Stat. § 58-25-70.   Unauthorized wearing of badges, etc
    Any person who fraudulently and willfully wears the badge or button of any fraternal organization or society, either in the identical form or in...

Article 26 - Real Estate Title Insurance Companies.

  • N.C. Gen. Stat. § 58-26-1.   Purpose of organization; formation; insuring closing services; premium rates; combined premiums for lenders' coverages
    (a) Companies may be formed in the manner provided in this Article for the purpose of furnishing information in relation to titles to real...
  • N.C. Gen. Stat. § 58-26-5.   Certificate of authority to do business
    Before any such company may issue any policy or make any contract or guarantee of insurance, it shall file with the Commissioner a certified...
  • N.C. Gen. Stat. § 58-26-10.   Financial statements and licenses required
    Title insurance companies are subject to G.S. 58-2-131, 58-2-132, 58-2-133, 58-2-134, 58-2-165, 58-2-180, and 58-6-5. The Commissioner may require title insurance companies to separately...
  • N.C. Gen. Stat. § 58-26-15.   Limitation of risk
    No real estate title insurance company shall guarantee or insure in any one risk on real property located in North Carolina more than forty...
  • N.C. Gen. Stat. § 58-26-20.   Statutory premium reserve
    Every domestic title insurance company shall, in addition to other reserves, establish and maintain a reserve to be known as the "statutory premium reserve"...
  • N.C. Gen. Stat. § 58-26-25.   Amount of unearned [statutory] premium reserve
    (a) The statutory premium reserve of every domestic title insurance company shall consist of the aggregate of: (1) The amount of the unearned premium...
  • N.C. Gen. Stat. § 58-26-30.   Repealed by Session Laws 2002-187, s. 7.7, effective October 31, 2002
  • N.C. Gen. Stat. § 58-26-31.   Statutory premium reserve held in trust or as a deposit
    (a) Each domestic title insurance company shall withdraw from use funds to be used by the Commissioner in the event of the insurer's insolvency,...
  • N.C. Gen. Stat. § 58-26-35.   Maintenance of the statutory premium reserve
    If the amount of the assets of a title insurance company held in trust or held by the Commissioner under G.S. 58-26-31 should on...
  • N.C. Gen. Stat. § 58-26-40.   Repealed by Session Laws 2002-187, s. 7.10, effective October 31, 2002

Article 25 - Fraternal Orders.

  • N.C. Gen. Stat. § 58-26-45.   Registration as a lien agent
    (a) A title insurance company or title insurance agency authorized to do business in this State that consents to serve as a lien agent...

Article 27 - Title Insurance Companies and Land Mortgage Companies Issuing Collateral Loan Certificates.

  • N.C. Gen. Stat. § 58-27-1.   Issuance of collateral loan certificates; security
    Any domestic land mortgage company or title insurance company having a paid-in capital and surplus of at least two hundred thousand dollars ($200,000), may,...
  • N.C. Gen. Stat. § 58-27-5.   Prohibition against payment or receipt of title insurance kickbacks, rebates, commissions and other payments
    (a) No person or entity selling real property, or performing services as a real estate agent, attorney or lender, which services are incident to...
  • N.C. Gen. Stat. § 58-27-10.   Licenses
    Any domestic land mortgage company, or title insurance company, wishing to do business under the provisions of this Article upon making written application and...
  • N.C. Gen. Stat. § 58-27-15.   Annual statements furnished
    Every such domestic land mortgage company or title insurance company doing business in this State under this Article shall annually file with the Commissioner...

Article 28 - Unauthorized Insurers.

  • N.C. Gen. Stat. § 58-28-1.   Purpose of Article
    It is the purpose of this Article to abate and prevent the practices of unauthorized insurers within the State of North Carolina, and to...
  • N.C. Gen. Stat. § 58-28-5.   Transacting business without a license prohibited; exceptions
    (a) Except as otherwise provided in this section, it is unlawful for any company to enter into a contract of insurance as an insurer...
  • N.C. Gen. Stat. § 58-28-10.   Repealed by Session Laws 2008-124, s. 3.5, effective July 28, 2008, and applicable to violations that occur on or after that date
  • N.C. Gen. Stat. § 58-28-12.   Transacting insurance business in this State
    Definitions. - As used in this section, G.S. 58-28-13, and G.S. 58-28-14: (1) "Admitted insurer" means an insurer that is licensed to write insurance...
  • N.C. Gen. Stat. § 58-28-13.   Placement of insurance business
    (a) An insurer shall not transact insurance business in this State unless it is an admitted insurer, is exempted by this Article, or is...
  • N.C. Gen. Stat. § 58-28-14.   Monetary penalty; factors to be considered
    In determining the amount of the penalty under G.S. 58-28-13, the Commissioner shall consider: (1) The amount of money that inured to the benefit...
  • N.C. Gen. Stat. § 58-28-15.   Validity of acts or contracts of unauthorized company shall not impair obligation of contract as to the company; maintenance of suits; right to defend
    The failure of a company to obtain a license shall not impair the validity of any acts or contracts of the company. Any person...
  • N.C. Gen. Stat. § 58-28-20.   Cease and desist orders; judicial review
    (a) Whenever the Commissioner has reasonable grounds to believe that any person is violating or is about to violate G.S. 58-28-5, 58-28-45, or 58-33-95,...
  • N.C. Gen. Stat. § 58-28-25.   Repealed by Session Laws 2005-217, s. 2, effective October 1, 2005, and applicable to orders issued on or after that date
  • N.C. Gen. Stat. § 58-28-30.   Penalty
    Any person who willfully violates a cease and desist order of the Commissioner under G.S. 58-28-20, after it has become final, and while such...
  • N.C. Gen. Stat. § 58-28-35.   Provisions of Article additional to existing law; application
    The powers vested in the Commissioner by this Article are additional to any other powers to enforce any penalties, fines, or forfeitures authorized by...
  • N.C. Gen. Stat. § 58-28-40.   Service of process on Secretary of State as agent for unauthorized company
    (a) Any act of entering into a contract of insurance as an insurer or transacting insurance business in this State, as set forth in...
  • N.C. Gen. Stat. § 58-28-45.   Unauthorized Insurers; prohibited acts
    (a) No person shall in this State act as agent for any insurer not authorized to transact business in this State, or negotiate for...

Article 29 - Unauthorized Insurers False Advertising Process Act.

  • N.C. Gen. Stat. § 58-29-1.   Purpose; construction
    (a) The purpose of this Article is to subject to the jurisdiction of the Commissioner and to the jurisdiction of the courts of this...
  • N.C. Gen. Stat. § 58-29-5.   Definitions
    As used in this Article: (1) "Residents" shall mean and include person, partnership or corporation, domestic, alien or foreign. (2) "Unfair Trade Practice Act"...
  • N.C. Gen. Stat. § 58-29-10.   Unlawful advertising; notice to unauthorized insurer and domiciliary insurance supervisory official
    No unauthorized foreign or alien insurer shall make, issue, circulate or cause to be made, issued or circulated, to residents of this State any...
  • N.C. Gen. Stat. § 58-29-15.   Action by Commissioner under Unfair Trade Practice Act
    If after 30 days following the giving of the notice mentioned in G.S. 58-29-10 such insurer has failed to cease making, issuing, or circulating...
  • N.C. Gen. Stat. § 58-29-20.   Acts appointing Commissioner as attorney for service of statement of charges, notices and process; manner of service; limitation on entry of order or judgment
    (a) Any of the following acts in this State, effected by mail or otherwise, by any such unauthorized foreign or alien insurer: (1) The...
  • N.C. Gen. Stat. § 58-29-25.   Short title
    This Article may be cited as the Unauthorized Insurers False Advertising Process Act. (1965, c. 910.)

Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.

  • N.C. Gen. Stat. § 58-30-1.   Construction and purpose
    (a) This Article does not limit powers granted to the Commissioner by any other provision of law. To the extent practicable, the Commissioner may...
  • N.C. Gen. Stat. § 58-30-5.   Persons covered
    The proceedings authorized by this Article may be applied to: (1) All insurers that are doing, or have done, an insurance business in this...
  • N.C. Gen. Stat. § 58-30-10.   Definitions
    For the purposes of this Article only: (1) "Alien country" means any other jurisdiction not in any state. (2) "Ancillary state" means any state...
  • N.C. Gen. Stat. § 58-30-12.   Duty to report insurer impairment; violations; penalties
    (a) As used in this section: (1) "Chief executive officer", as used in subsection (b) of this section, means the person, irrespective of title,...
  • N.C. Gen. Stat. § 58-30-15.   Jurisdiction and venue
    (a) No delinquency proceeding shall be commenced by anyone other than the Commissioner and no other court has jurisdiction to entertain, hear, or determine...
  • N.C. Gen. Stat. § 58-30-20.   Injunctions and orders
    (a) Any receiver appointed in a proceeding under this Article may at any time apply for, and any court of general jurisdiction may grant,...
  • N.C. Gen. Stat. § 58-30-22.   Powers of Commissioner and receiver to examine or audit books or records
    (a) As used in this section, "person" includes an agent of the insurer; a broker, ceding or assuming reinsurer, or reinsurance intermediary that has...
  • N.C. Gen. Stat. § 58-30-25.   Cooperation of officers, owners and employees
    (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, and any other person with authority over or in charge of...
  • N.C. Gen. Stat. § 58-30-30.   Bonds
    In any proceeding under this Article, the Commissioner and his deputies shall be responsible on their official bonds for the faithful performance of their...
  • N.C. Gen. Stat. § 58-30-35.   Executory contracts and unexpired leases
    (a) Except as provided in subsections (b), (c), and (d) of this section, the receiver, subject to the Court's approval, may assume or reject...
  • N.C. Gen. Stat. § 58-30-40.   Turnover of property by a custodian
    (a) As used in this section "custodian" means: (1) A receiver or trustee of any of the property of the insurer, appointed in a...
  • N.C. Gen. Stat. § 58-30-45.   Utility service
    (a) Except as provided in subsection (b) of this section, a utility may not alter, refuse, or discontinue service to, or discriminate against, the...
  • N.C. Gen. Stat. § 58-30-50.   Continuation of delinquency proceedings
    Every proceeding that was commenced under the laws in effect before June 26, 1989, is deemed to have been commenced under this Article for...
  • N.C. Gen. Stat. § 58-30-55.   Condition on release from delinquency proceedings
    No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall: (1) Be released from such proceeding, unless...
  • N.C. Gen. Stat. § 58-30-60.   Commissioner's summary orders and supervision proceedings
    (a) Whenever the Commissioner has reasonable cause to believe, and determines after a hearing held under subsection (e) of this section, that any domestic...
  • N.C. Gen. Stat. § 58-30-62.   Administrative supervision of insurers
    (a) As used in this section, an insurer has "exceeded its powers" when it: has refused to permit examination of its books, papers, accounts,...
  • N.C. Gen. Stat. § 58-30-65.   Court's seizure order
    (a) The Commissioner may file in the Court a petition alleging, with respect to a domestic insurer: (1) That there exist grounds that justify...
  • N.C. Gen. Stat. § 58-30-70.   Confidentiality of hearings
    In all proceedings and judicial reviews thereof under G.S. 58-30-60 and G.S. 58-30-65, all records of the insurer, other documents, and all Department files...
  • N.C. Gen. Stat. § 58-30-71.   Immunity and indemnification of the receiver and employees
    (a) For the purposes of this section, the persons entitled to protection under this section are: (1) All receivers responsible for the conduct of...
  • N.C. Gen. Stat. § 58-30-75.   Grounds for rehabilitation
    The Commissioner may petition the Court for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in this State...
  • N.C. Gen. Stat. § 58-30-80.   Rehabilitation orders
    (a) An order to rehabilitate the business of a domestic insurer or an alien insurer domiciled in this State, shall appoint the Commissioner and...
  • N.C. Gen. Stat. § 58-30-85.   Powers and duties of the rehabilitator
    (a) The rehabilitator has the power: (1) To appoint a special deputy to act for him under this Article, and to determine his reasonable...
  • N.C. Gen. Stat. § 58-30-90.   Actions by and against rehabilitator
    (a) When a rehabilitation order against an insurer is entered, every court in this State, before which any pending action or proceeding in which...
  • N.C. Gen. Stat. § 58-30-95.   Termination of rehabilitation
    (a) Whenever the rehabilitator believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders or the public,...
  • N.C. Gen. Stat. § 58-30-100.   Grounds for liquidation
    The Commissioner may petition the Court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this State...
  • N.C. Gen. Stat. § 58-30-105.   Liquidation orders
    (a) An order to liquidate the business of a domestic insurer shall appoint the Commissioner and his successors in office liquidator and shall direct...
  • N.C. Gen. Stat. § 58-30-110.   Continuance of coverage
    (a) All policies, other than life or health insurance or annuities, that are in effect at the time of the issuance of an order...
  • N.C. Gen. Stat. § 58-30-115.   Dissolution of insurer
    The Commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer...
  • N.C. Gen. Stat. § 58-30-120.   Powers of liquidator
    (a) The liquidator has the power: (1) To appoint a special deputy to act for him under this Article, and to determine his reasonable...
  • N.C. Gen. Stat. § 58-30-125.   Notice to creditors and others
    (a) Unless the Court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible:...
  • N.C. Gen. Stat. § 58-30-127.   Duties of agents
    (a) Every person who receives notice in the form prescribed in G.S. 58-30-125 that an insurer that person represents as an agent is the...
  • N.C. Gen. Stat. § 58-30-130.   Actions by and against liquidator
    (a) Upon the issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this State, no...
  • N.C. Gen. Stat. § 58-30-135.   Collection and list of assets
    (a) As soon as practicable after the liquidation order but not later than 120 days thereafter, the liquidator shall prepare in duplicate a list...
  • N.C. Gen. Stat. § 58-30-140.   Fraudulent transfers prior to petition
    (a) Every transfer made or suffered and every obligation incurred by an insurer within one year prior to the filing of a successful petition...
  • N.C. Gen. Stat. § 58-30-145.   Fraudulent transfer after petition
    (a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to...
  • N.C. Gen. Stat. § 58-30-150.   Voidable preferences and liens
    (a) A preference is a transfer of any of the property of an insurer to or for the benefit of a creditor, for or...
  • N.C. Gen. Stat. § 58-30-155.   Claims of holders of void or voidable rights
    (a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this Article shall...
  • N.C. Gen. Stat. § 58-30-160.   Setoffs
    (a) Mutual debts or mutual credits, whether arising out of one or more contracts between the insurer and another person in connection with any...
  • N.C. Gen. Stat. § 58-30-165.   Assessments
    (a) As soon as practicable but not more than two years from the date of an order of liquidation under G.S. 58-30-105 of an...
  • N.C. Gen. Stat. § 58-30-170.   Reinsurer's liability
    The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings, regardless of any provision in...
  • N.C. Gen. Stat. § 58-30-175.   Recovery of premiums owed
    (a) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium is obligated...
  • N.C. Gen. Stat. § 58-30-180.   Domiciliary liquidator's proposal to distribute assets
    (a) Within one year after a final determination of insolvency of an insurer by the Court, the liquidator shall make application to the Court...
  • N.C. Gen. Stat. § 58-30-185.   Filing of claims
    (a) Proof of all claims shall be filed with the liquidator in the form required by G.S. 58-30-190 on or before the last day...
  • N.C. Gen. Stat. § 58-30-190.   Proof of claim
    (a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (1) The...
  • N.C. Gen. Stat. § 58-30-195.   Special claims
    (a) No contingent claim shall share in a distribution of the assets of an insurer that has been adjudicated to be insolvent by an...
  • N.C. Gen. Stat. § 58-30-200.   Special provisions for third party claims
    (a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a...
  • N.C. Gen. Stat. § 58-30-205.   Disputed claims
    (a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the...
  • N.C. Gen. Stat. § 58-30-210.   Claims of surety
    Whenever a creditor, whose claim against an insurer is secured in whole or in part by the undertaking of another person, fails to prove...
  • N.C. Gen. Stat. § 58-30-215.   Secured creditor's claims
    (a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the Court may...
  • N.C. Gen. Stat. § 58-30-220.   Priority of distribution
    The priority of distribution of claims from the insurer's estate shall be in accordance with the order in which each class of claims is...
  • N.C. Gen. Stat. § 58-30-225.   Liquidator's recommendations to the Court
    (a) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as necessary. He may compound, compromise,...
  • N.C. Gen. Stat. § 58-30-230.   Distribution of assets
    (a) Under the direction of the Court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and...
  • N.C. Gen. Stat. § 58-30-235.   Unclaimed and withheld funds
    (a) All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the Court for discharge, including...
  • N.C. Gen. Stat. § 58-30-240.   Termination of proceedings
    (a) When all assets justifying the expense of collection and distribution have been collected and distributed under this Article, the liquidator shall apply to...
  • N.C. Gen. Stat. § 58-30-245.   Reopening liquidation
    After the liquidation proceeding has been terminated and the liquidator discharged, the Commissioner or other interested party may at any time petition the Court...
  • N.C. Gen. Stat. § 58-30-250.   Disposition of records during and after termination of liquidation
    Whenever it appears to the Commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he...
  • N.C. Gen. Stat. § 58-30-255.   External audit of the receiver's books
    The Court may, as it deems to be desirable, cause audits to be made of the books of the Commissioner relating to any receivership...
  • N.C. Gen. Stat. § 58-30-260.   Conservation of property of foreign or alien insurers found in this State
    (a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the Court by verified petition for an order directing him...
  • N.C. Gen. Stat. § 58-30-265.   Liquidation of property of foreign or alien insurers found in this State
    (a) If no domiciliary receiver has been appointed, the Commissioner may apply to the Court by verified petition for an order directing him to...
  • N.C. Gen. Stat. § 58-30-270.   Domiciliary liquidators in other states
    (a) The domiciliary liquidator of an insurer domiciled in a reciprocal state is, except as to special deposits and security on secured claims under...
  • N.C. Gen. Stat. § 58-30-275.   Ancillary formal proceedings
    (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this State, the Commissioner may file a petition with the...
  • N.C. Gen. Stat. § 58-30-280.   Ancillary summary proceedings
    The Commissioner in his sole discretion may institute proceedings under G.S. 58-30-60 through 58-30-70 at the request of the insurance regulator of the domiciliary...
  • N.C. Gen. Stat. § 58-30-285.   Claims of nonresidents against insurers domiciled in this State
    (a) In a liquidation proceeding begun in this State against an insurer domiciled in this State, claimants residing in foreign countries or in states...
  • N.C. Gen. Stat. § 58-30-290.   Claims of residents against insurers domiciled in reciprocal states
    (a) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this...
  • N.C. Gen. Stat. § 58-30-295.   Attachment, garnishment and levy of execution
    During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding...
  • N.C. Gen. Stat. § 58-30-300.   Interstate priorities
    (a) In a liquidation proceeding in this State involving one or more reciprocal states, the order of distribution of the domiciliary state shall control...
  • N.C. Gen. Stat. § 58-30-305.   Subordination of claims for noncooperation
    If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator...
  • N.C. Gen. Stat. § 58-30-310.   Exemption from filing fees
    As used in this section, "Commissioner" includes the Commissioner's deputies, employees, or attorneys of record. The Commissioner is not required to pay any fee...

Article 31 - Insuring State Property, Officials and Employees.

  • N.C. Gen. Stat. § 58-31-1.   State Property Fire Insurance Fund created
    Upon the expiration of all existing policies of fire insurance upon state-owned buildings, fixtures, furniture, and equipment, including all such property the title to...
  • N.C. Gen. Stat. § 58-31-5.   Appropriations; fund to pay administrative expenses
    Upon the expiration of the existing fire insurance policies on said properties and in making appropriations for any biennium after the next biennium, the...
  • N.C. Gen. Stat. § 58-31-10.   Payment of losses on basis of actual cost of restoration or replacement; rules; insurance and reinsurance; sprinkler leakage insurance
    (a) In the case of total or partial loss of any property of any State agency or institution, the Commissioner shall determine the amount...
  • N.C. Gen. Stat. § 58-31-12.   Policy forms
    The Commissioner, with the approval of the Council of State, may adopt insurance forms for coverages provided by the State Property Fire Insurance Fund...
  • N.C. Gen. Stat. § 58-31-13.   Hazardous conditions in State-owned buildings
    If the Commissioner determines that an undue hazard to life, safety, or property exists because of a condition or the use of a building...
  • N.C. Gen. Stat. § 58-31-15.   Extended coverage insurance
    Upon request of any State department, agency or institution, extended coverage insurance, and other property insurance, may be provided on designated state-owned property of...
  • N.C. Gen. Stat. § 58-31-20.   Use and occupancy and business interruption insurance
    Upon request of any State department, agency or institution, use and occupancy and business interruption insurance shall be provided on state-owned property of such...
  • N.C. Gen. Stat. § 58-31-25.   Professional liability insurance for officials and employees of the State
    The Commissioner may acquire professional liability insurance covering the officers and employees of any State department, institution or agency upon the request of such...

Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.

  • N.C. Gen. Stat. § 58-31-26.   Medical liability insurance for certain physicians and dentists
    (a) The Secretary of the Department of Health and Human Services and the Secretary of the Department of Public Safety may provide medical liability...

Article 31 - Insuring State Property, Officials and Employees.

  • N.C. Gen. Stat. § 58-31-30.   Expired at the end of the 1993-94 fiscal year by its own terms
  • N.C. Gen. Stat. § 58-31-35.   Information furnished Commissioner by officers in charge
    It is the duty of the different officers or boards having in their custody any property belonging to the State to inform the Commissioner,...
  • N.C. Gen. Stat. § 58-31-40.   Commissioner to inspect State property
    (a) The Commissioner shall, as often as is required in the fire code adopted by the North Carolina Building Code Council or more often...
  • N.C. Gen. Stat. § 58-31-45.   Report required of Commissioner
    The Commissioner must submit to the Governor a full report of his official action under this Article, with such recommendations as commend themselves to...
  • N.C. Gen. Stat. § 58-31-50.   Liability insurance required for state-owned vehicles
    Every department, agency or institution of the State shall acquire motor vehicle liability insurance on all state-owned motor vehicles under its control. (1959, c....
  • N.C. Gen. Stat. § 58-31-52.   State motor vehicle safety program
    (a) Findings, Policy, and Purpose. - Motor vehicle accidents exact a terrible toll of human tragedy and suffering as well as national resources within...
  • N.C. Gen. Stat. § 58-31-55.   Insurance and official fidelity bonds for State agencies to be placed by Department; exception; costs of placement
    Except as provided in G.S. 58-32-15, all insurance and all official fidelity and surety bonds authorized for State departments, institutions, and agencies shall be...
  • N.C. Gen. Stat. § 58-31-60.   Competitive selection of payroll deduction insurance products paid for by State employees
    (a) Employee Insurance Committee. - The head of each State government employee payroll unit offering payroll deduction insurance products to employees shall appoint an...
  • N.C. Gen. Stat. § 58-31-65.   Owner-controlled or wrap-up insurance authorized
    (a) To the extent it is determined necessary and in the best interest of this State, the Department may obtain design and construction insurance...
  • N.C. Gen. Stat. § 58-31-66.   Public construction contract surety bonds
    (a) Neither the State nor any county, city, or other political subdivision of the State, or any officer, employee, or other person acting on...

Article 32 - Public Officers and Employees Liability Insurance Commission.

  • N.C. Gen. Stat. § 58-32-1.   Commission created; membership
    There is hereby created within the Department a Public Officers and Employees Liability Insurance Commission. The Commission shall consist of 11 members who shall...
  • N.C. Gen. Stat. § 58-32-5.   Meetings of Commission; compensation
    The Commission shall meet at least four times per year, on or about January 15, April 15, July 15, October 15 and upon call...
  • N.C. Gen. Stat. § 58-32-10.   Powers and duties of Commission
    The Commission may acquire from an insurance company or insurance companies a group plan of professional liability insurance covering the law-enforcement officers and/or public...
  • N.C. Gen. Stat. § 58-32-15.   Professional liability insurance for State officials
    (a) The Commission may acquire professional liability insurance covering the officers and employees, or any group thereof, of any State department, institution or agency...
  • N.C. Gen. Stat. § 58-32-20.   Commission to act as liaison; meetings of Commission
    The Commission shall act as liaison between the insurance company or companies with which it contracts, their servicing agent and the insureds. The Commission...
  • N.C. Gen. Stat. § 58-32-25.   Contract conditions
    The Commission, in procuring and negotiating for the contract of insurance herein described shall include in any procurement document the following conditions, which are...
  • N.C. Gen. Stat. § 58-32-30.   Payment a public purpose
    The payment by any county or municipality of funds as premiums for professional liability insurance through the plan provided herein, covering the law-enforcement officers...

Article 33 - Licensing of Agents, Brokers, Limited Representatives, and Adjusters.

  • N.C. Gen. Stat. § 58-33-1.   Scope
    This Article governs the qualifications and procedures for the licensing of agents, brokers, limited representatives, adjusters, and motor vehicle damage appraisers. This Article applies...
  • N.C. Gen. Stat. § 58-33-5.   License required
    A person shall not sell, solicit, or negotiate insurance in this State unless the person is licensed for that kind of insurance in accordance...
  • N.C. Gen. Stat. § 58-33-10.   Definitions
    As used in this Article, the following definitions apply: (1) "Agent" means a person licensed to solicit applications for, or to negotiate a policy...
  • N.C. Gen. Stat. § 58-33-15.   Restricted license for overseas military agents
    Notwithstanding any other provision of this Article, an individual may be licensed by the Commissioner as a foreign military sales agent to represent a...
  • N.C. Gen. Stat. § 58-33-17.   Limited license for rental car companies
    (a) As used in this section: (1) "Limited licensee" means a person authorized to sell certain coverages relating to the rental of motor vehicles...
  • N.C. Gen. Stat. § 58-33-18.   Limited license for self-service storage companies
    (a) As used in this section: (1) "Limited licensee" means a person authorized to sell certain coverages relating to the rental of self-service storage...
  • N.C. Gen. Stat. § 58-33-19.   Limited lines travel insurance
    (a) As used in this Article, the following definitions apply: (1) Limited lines travel insurance producer. - Any of the following: a. A licensed...
  • N.C. Gen. Stat. § 58-33-20.   Representation
    (a) Every agent or limited representative who solicits or negotiates an application for insurance of any kind, in any controversy between the insured or...
  • N.C. Gen. Stat. § 58-33-25.   Repealed by Session Laws 2001-203, s. 5, effective July 1, 2002
  • N.C. Gen. Stat. § 58-33-26.   General license requirements
    (a) No person shall act as or hold himself or herself out to be an agent, broker, limited representative, adjuster, or motor vehicle damage...
  • N.C. Gen. Stat. § 58-33-27.   Claims handling for portable consumer electronic devices
    (a) As used in this section, the following definitions apply: (1) "Automated claims adjudication system" means a preprogrammed computer system designed for the collection,...
  • N.C. Gen. Stat. § 58-33-30.   License requirements
    The Commissioner shall not issue or continue any license of an agent, broker, limited representative, adjuster, or motor vehicle damage appraiser except as follows:...
  • N.C. Gen. Stat. § 58-33-31.   Application for license
    (a) A person applying for a resident insurance producer license shall make application to the Commissioner on the Uniform Application and declare under penalty...
  • N.C. Gen. Stat. § 58-33-32.   Interstate reciprocity in producer licensing
    (a) The purpose of this section is to make North Carolina insurance producer licensing comply with the reciprocity requirements in the federal Gramm-Leach-Bliley Act,...
  • N.C. Gen. Stat. § 58-33-35.   Repealed by Session Laws 2009-566, s. 6(a), effective August 28, 2009
  • N.C. Gen. Stat. § 58-33-40.   Appointment of agents
    (a) Except as provided in subsection (b) of this section, no individual who holds a valid insurance agent's license issued by the Commissioner shall,...
  • N.C. Gen. Stat. § 58-33-45.   Repealed by Session Laws 2001-203, s. 15
  • N.C. Gen. Stat. § 58-33-46.   Suspension, probation, revocation, or nonrenewal of licenses
    (a) The Commissioner may place on probation, suspend, revoke, or refuse to renew any license issued under this Article, in accordance with the provisions...
  • N.C. Gen. Stat. § 58-33-48.   Criminal history record checks
    (a) An applicant for an insurance producer license under this Article shall furnish the Commissioner with a complete set of the applicant's fingerprints in...
  • N.C. Gen. Stat. § 58-33-50.   Notices; loss of residency; duplicate licenses
    (a) The Commissioner shall notify every appointing insurer about any suspension, revocation, or nonrenewal of a license by the Commissioner and about any surrender...
  • N.C. Gen. Stat. § 58-33-55.   Repealed by Session Laws 2001-203, s. 17
  • N.C. Gen. Stat. § 58-33-56.   Notification to Commissioner of termination
    (a) An insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with a producer shall...
  • N.C. Gen. Stat. § 58-33-60.   Countersignature and related laws
    Subject to the retaliatory provisions of G.S. 58-33-30(i), there shall be no requirement that a licensed resident agent or broker must countersign, solicit, transact,...
  • N.C. Gen. Stat. § 58-33-65.   Repealed by Session Laws 2001-203, s. 19
  • N.C. Gen. Stat. § 58-33-66.   Temporary licensing
    (a) The Commissioner may issue a temporary insurance producer license for a period not to exceed 180 days or longer, for good cause, without...
  • N.C. Gen. Stat. § 58-33-70.   Special provisions for adjusters and motor vehicle damage appraisers
    (a) It shall be unlawful and cause for revocation of license for a licensed adjuster to engage in the practice of law. (b) On...
  • N.C. Gen. Stat. § 58-33-75.   Twisting with respect to insurance policies; penalties
    No licensee shall make or issue, or cause to be issued, any written or oral statement that willfully misrepresents or willfully makes an incomplete...
  • N.C. Gen. Stat. § 58-33-76.   Referral of business to repair source; prohibitions
    (a) No insurance company, agent, adjuster or appraiser or any person employed to perform their service shall recommend the use of a particular service...
  • N.C. Gen. Stat. § 58-33-80.   Discrimination forbidden
    No agent or representative of any company doing the business of insurance as defined in G.S. 58-7-15 shall make any discrimination in favor of...
  • N.C. Gen. Stat. § 58-33-82.   Commissions
    (a) An insurance company or insurance producer shall not pay a commission, service fee, or other valuable consideration to a person for selling, soliciting,...
  • N.C. Gen. Stat. § 58-33-83.   Assumed names
    An insurance producer doing business under any name other than the producer's legal name shall notify the Commissioner before using the assumed name. (2001-203,...
  • N.C. Gen. Stat. § 58-33-85.   Rebates and charges in excess of premium prohibited; exceptions
    (a) No insurer, agent, broker or limited representative shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance...
  • N.C. Gen. Stat. § 58-33-90.   Rebate of premiums on credit life and credit accident and health insurance; retention of funds by agent
    It shall be unlawful for any insurance carrier, or officer, agent or representative of an insurance company writing credit life and credit accident and...
  • N.C. Gen. Stat. § 58-33-95.   Agents personally liable; representing unlicensed company prohibited; penalty
    (a) Any person or entity who solicits, negotiates, or sells insurance or acts as a third-party administrator in this State for an unauthorized insurer:...
  • N.C. Gen. Stat. § 58-33-100.   Payment of premium to agent valid; obtaining by fraud a crime
    (a) Any agent, broker or limited representative who acts for a person other than himself negotiating a contract of insurance is, for the purpose...
  • N.C. Gen. Stat. § 58-33-105.   False statements in applications for insurance
    If any agent, examining physician, applicant, or other person shall knowingly or willfully make any false or fraudulent statement or representation in or with...
  • N.C. Gen. Stat. § 58-33-110.   Agents signing certain blank policies
    Any agent or limited representative who signs any blank contract or policy of insurance is guilty of a Class 3 misdemeanor and, upon conviction,...
  • N.C. Gen. Stat. § 58-33-115.   Adjuster acting for unauthorized company
    If any person shall act as adjuster on a contract made otherwise than as authorized by the laws of this State, or by any...
  • N.C. Gen. Stat. § 58-33-120.   Agent, adjuster, etc., acting without a license or violating insurance law
    If any person shall assume to act either as principal, agent, broker, limited representative, adjuster or motor vehicle damage appraiser without license as is...
  • N.C. Gen. Stat. § 58-33-125.   Fees
    (a) The following table indicates the annual fees that are required for the respective licenses issued, renewed, or cancelled under this Article and Article...
  • N.C. Gen. Stat. § 58-33-130.   Continuing education program for licensees
    (a) The Commissioner may adopt rules to provide for a program of continuing education requirements for the purpose of enhancing the professional competence and...
  • N.C. Gen. Stat. § 58-33-132.   Qualifications of instructors
    (a) The Commissioner may adopt rules to establish requisite qualifications for and issuance, renewal, summary suspension, and termination of provider, presenter, and instructor authority...
  • N.C. Gen. Stat. § 58-33-133.   Continuing education course provider fees
    (a) Each course provider shall pay to the Commissioner a fee of one dollar ($1.00) per approved credit hour per individual who successfully completes...
  • N.C. Gen. Stat. § 58-33-135.   Continuing education advisory committee
    (a) The Commissioner shall appoint, in accordance with G.S. 58-2-30, one advisory committee for fire and casualty insurance licensees and one advisory committee for...

Article 33A - Public Adjusters.

  • N.C. Gen. Stat. § 58-33A-1.   Purpose and scope
    This Article governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which...
  • N.C. Gen. Stat. § 58-33A-5.   Definitions
    (1) Business entity. - A corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. (2) Catastrophic incident. - As defined...
  • N.C. Gen. Stat. § 58-33A-10.   License required
    (a) A person shall not act or hold himself or herself out as a public adjuster in this State unless the person is licensed...
  • N.C. Gen. Stat. § 58-33A-15.   Application for license
    (a) A person applying for a public adjuster license shall apply to the Commissioner on the appropriate uniform application or other application prescribed by...
  • N.C. Gen. Stat. § 58-33A-20.   Resident license
    (a) Before issuing a public adjuster license to an applicant under this section, the Commissioner shall find that the applicant meets all of the...
  • N.C. Gen. Stat. § 58-33A-25.   Examination
    (a) An individual applying for a public adjuster license under this act shall pass a written examination unless exempt pursuant to G.S. 58-33A-30. The...
  • N.C. Gen. Stat. § 58-33A-30.   Exemptions from examination
    (a) An individual who applies for a public adjuster license in this State who was previously licensed as a public adjuster in another state...
  • N.C. Gen. Stat. § 58-33A-35.   Nonresident license reciprocity
    (a) Unless denied licensure pursuant to G.S. 58-33A-45, a nonresident person shall receive a nonresident public adjuster license if the person meets all of...
  • N.C. Gen. Stat. § 58-33A-40.   License
    (a) Unless denied licensure under this Article, persons who have met the requirements of this Article shall be issued a public adjuster license. (b)...
  • N.C. Gen. Stat. § 58-33A-45.   License denial, nonrenewal, or revocation
    (a) The Commissioner may place on probation, suspend, revoke, or refuse to issue or renew a public adjuster's license or may levy a civil...
  • N.C. Gen. Stat. § 58-33A-50.   Bond or letter of credit
    (a) Before issuance of a license as a public adjuster and for the duration of the license, the applicant shall secure evidence of financial...
  • N.C. Gen. Stat. § 58-33A-55.   Continuing education
    (a) An individual who holds a public adjuster license and who is not exempt under subsection (b) of this section shall satisfactorily complete a...
  • N.C. Gen. Stat. § 58-33A-60.   Public adjuster fees
    (a) A public adjuster shall not pay a commission, service fee, or other valuable consideration to a person for investigating or settling claims in...
  • N.C. Gen. Stat. § 58-33A-65.   Contract between public adjuster and insured
    (a) Public adjusters shall ensure that all contracts for their services are in writing and contain all of the following terms: (1) Legible full...
  • N.C. Gen. Stat. § 58-33A-70.   Escrow or trust accounts
    A public adjuster who receives, accepts, or holds any funds on behalf of an insured, toward the settlement of a claim for loss or...
  • N.C. Gen. Stat. § 58-33A-75.   Record retention
    (a) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include...
  • N.C. Gen. Stat. § 58-33A-80.   Standards of conduct of public adjusters
    (a) A public adjuster shall, under his or her license, serve with objectivity and complete loyalty the interest of his or her client alone...
  • N.C. Gen. Stat. § 58-33A-90.   Reporting of actions
    (a) A public adjuster shall report to the Commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental...
  • N.C. Gen. Stat. § 58-33A-95.   Rules
    The Commissioner may, in accordance with Chapter 150B of the General Statutes, adopt rules that are necessary or proper to carry out the purposes...

Article 34 - Agency and Management Contracts.

  • N.C. Gen. Stat. § 58-34-1.   Repealed by Session Laws 1991, c. 681, s. 50
  • N.C. Gen. Stat. § 58-34-2.   Managing general agents
    (a) As used in this Article: (1) "Control", including the terms "controlling", "controlled by", and "under common control", means the direct or indirect possession...
  • N.C. Gen. Stat. § 58-34-5.   Retrospective compensation agreements
    (a) Retrospective compensation agreements for business written under Articles 1 through 64 of this Chapter must be filed with the Commissioner for his approval....
  • N.C. Gen. Stat. § 58-34-10.   Management contracts
    (a) Subject to G.S. 58-19-30(b)(4), any domestic insurer that enters into a management contract or custodial agreement must file that contract or agreement with...
  • N.C. Gen. Stat. § 58-34-15.   Grounds for disapproval
    (a) The Commissioner must disapprove any management contract or custodial agreement filed under G.S. 58-34-10 if, at any time, the Commissioner finds: (1) That...
  • N.C. Gen. Stat. § 58-34-20.   Repealed by Session Laws 1993, c. 452, s. 65

Article 35 - Insurance Premium Financing.

  • N.C. Gen. Stat. § 58-35-1.   Definitions
    When used in this Article: (1) An insurance premium finance company is hereby defined to be: a. Any person engaged, in whole or in...
  • N.C. Gen. Stat. § 58-35-5.   License required; fees
    (a) No person except an authorized insurer shall engage in the business of an insurance premium finance company without obtaining a license from the...
  • N.C. Gen. Stat. § 58-35-10.   Exceptions to license requirements
    (a) Any person, firm or corporation doing business under the authority of any law of this State or of the United States relating to...
  • N.C. Gen. Stat. § 58-35-15.   Issuance or refusal of license; bond; duration of license; renewal; one office per license; display of license; notice of change of location
    (a) Within 60 days after the filing of an application for a license accompanied by payment of the fees for license and examination, the...
  • N.C. Gen. Stat. § 58-35-20.   Grounds for refusal, suspension or revocation of licenses; surrender of licenses; reinstatement
    (a) The Commissioner may forthwith deny, suspend, revoke, or refuse to renew or continue any license hereunder if he shall find that: (1) The...
  • N.C. Gen. Stat. § 58-35-22.   Notification of criminal or administrative actions
    (a) If an individual proprietor, officer, or partner of an insurance premium finance company has been convicted in any court of competent jurisdiction for...
  • N.C. Gen. Stat. § 58-35-25.   Investigations; hearings
    For the purpose of conducting investigations and holding hearings on insurance premium finance companies, the Commissioner shall have the same authority as that vested...
  • N.C. Gen. Stat. § 58-35-30.   Licensee's books and records; reports; refusing to exhibit records; making false statements
    (a) The licensee shall keep and use in his business any books, accounts, and records that will enable the Commissioner to determine whether the...
  • N.C. Gen. Stat. § 58-35-35.   Excessive insurance premium finance charges; penalty
    The knowingly taking, receiving, reserving, [or] charging a greater insurance premium finance charge than that authorized in this Article shall be held and adjudged...
  • N.C. Gen. Stat. § 58-35-40.   Rebates and inducements prohibited; assignment of insurance premium finance agreements
    (a) No insurance premium finance company shall pay, allow, or offer to pay or allow payment to an insurance agent, and no insurance agent...
  • N.C. Gen. Stat. § 58-35-45.   Filing and approval of forms and service charges
    (a) No insurance premium finance agreement form or related form shall be used in this State unless it has been filed with and written...
  • N.C. Gen. Stat. § 58-35-50.   Form, contents and execution of insurance premium finance agreements
    (a) An insurance premium finance agreement shall be in writing, dated, signed by the insured, and the printed portion thereof shall be in type...
  • N.C. Gen. Stat. § 58-35-55.   Limitations on service charges; computation; minimum charges
    (a) An insurance premium finance company shall not directly or indirectly except as otherwise provided by law, impose, take, receive from, reserve, contract for,...
  • N.C. Gen. Stat. § 58-35-60.   Prohibited provisions in insurance premium finance agreements
    No insurance premium finance agreement shall contain any provisions by which: (1) In the absence of default of the insured, the insurance premium finance...
  • N.C. Gen. Stat. § 58-35-65.   Delivery of copy of insurance premium finance agreement to insured
    Before the due date of the first installment payable under an insurance premium finance agreement, the insurance premium finance company holding the agreement or...
  • N.C. Gen. Stat. § 58-35-70.   Payments by insured without notice of assignment of agreement
    Unless the insured has notice of actual or intended assignment of the insurance premium finance agreement, payment thereunder by him to the last known...
  • N.C. Gen. Stat. § 58-35-75.   Statement of account; release on payment in full
    (a) At any time after its execution, but not later than one year after the last payment thereunder, an insurance premium finance company holding...
  • N.C. Gen. Stat. § 58-35-80.   Credit upon anticipation of payments
    (a) Notwithstanding the provisions of any insurance premium finance agreement to the contrary, any insured may pay it in full at any time before...
  • N.C. Gen. Stat. § 58-35-85.   Procedure for cancellation of insurance contract upon default; return of unearned premiums; collection of cash surrender value
    When an insurance premium finance agreement contains a power of attorney or other authority enabling the insurance premium finance company to cancel any insurance...
  • N.C. Gen. Stat. § 58-35-90.   Violations; penalties
    Any person who shall engage in the business referred to in this Article without first receiving a license, or who shall fail to secure...
  • N.C. Gen. Stat. § 58-35-95.   Disposition of fees
    All fees collected hereunder shall be credited to the account of the Commissioner for the specific purpose of providing the personnel, equipment and supplies...
  • N.C. Gen. Stat. § 58-35-100.   Fees are nonrefundable
    All fees that are imposed and collected under this Article are nonrefundable. (1993 (Reg. Sess., 1994), c. 678, s. 20.)

Article 36 - North Carolina Rate Bureau.

  • N.C. Gen. Stat. § 58-36-1.   North Carolina Rate Bureau created
    There is hereby created a Bureau to be known as the "North Carolina Rate Bureau," with the following objects and functions: (1) To assume...
  • N.C. Gen. Stat. § 58-36-2.   Private passenger motor vehicles; number of nonfleet policies
    Notwithstanding the definition of "nonfleet" in G.S. 58-40-10(2), the Bureau shall adopt rules, subject to the Commissioner's approval, that specify the circumstances under which...
  • N.C. Gen. Stat. § 58-36-3.   Limitation of scope; motorcycle endorsements allowed; Department of Insurance report
    (a) The Bureau has no jurisdiction over: (1) Excess workers' compensation insurance for employers qualifying as self-insurers as provided in Article 47 of this...
  • N.C. Gen. Stat. § 58-36-4.   Statistical organizations; licensing; recording and reporting; examination; suspension of license; financial disclosure
    (a) For purposes of this Article: (1) "Statistical organization" means every person, other than an admitted insurer, whether located within or outside this State,...
  • N.C. Gen. Stat. § 58-36-5.   Membership as a prerequisite for writing insurance; governing committee; rules and regulations; expenses
    (a) Before the Commissioner shall grant permission to any stock, nonstock, or reciprocal insurance company or any other insurance organization to write in this...
  • N.C. Gen. Stat. § 58-36-10.   Method of rate making; factors considered
    The following standards shall apply to the making and use of rates: (1) Rates or loss costs shall not be excessive, inadequate or unfairly...
  • N.C. Gen. Stat. § 58-36-15.   Filing loss costs, rates, plans with Commissioner; public inspection of filings
    (a) The Bureau shall file with the Commissioner copies of the rates, loss costs, classification plans, rating plans and rating systems used by its...
  • N.C. Gen. Stat. § 58-36-16.   Bureau to share information with Department of Labor and North Carolina Industrial Commission
    The Bureau shall provide to the Department of Labor and the North Carolina Industrial Commission information from the Bureau's records indicating each employer's experience...
  • N.C. Gen. Stat. § 58-36-17.   Bureau to share information with the North Carolina Industrial Commission
    The Bureau shall provide to the North Carolina Industrial Commission information contained in the Bureau's records indicating the status of workers' compensation insurance coverage...
  • N.C. Gen. Stat. § 58-36-20.   Disapproval; hearing, order; adjustment of premium, review of filing
    (a) At any time within 50 days after the date of any filing, the Commissioner may give written notice to the Bureau specifying in...
  • N.C. Gen. Stat. § 58-36-25.   Appeal of Commissioner's order
    (a) Any order or decision of the Commissioner shall be subject to judicial review as provided in Article 2 of this Chapter. (b) Whenever...
  • N.C. Gen. Stat. § 58-36-30.   Deviations
    (a) Except as permitted by G.S. 58-36-100 for workers' compensation loss costs filings, no insurer and no officer, agent, or representative of an insurer...
  • N.C. Gen. Stat. § 58-36-35.   Appeal to Commissioner from decision of Bureau
    (a) Any member of the Bureau may appeal to the Commissioner from any decision of the Bureau, except for a decision made under G.S....
  • N.C. Gen. Stat. § 58-36-40.   Existing rates, rating systems, territories, classifications and policy forms
    Rates, rating systems, territories, classifications and policy forms lawfully in use on September 1, 1977, may continue to be used thereafter, notwithstanding any provision...
  • N.C. Gen. Stat. § 58-36-41.   Development of policy endorsement for exclusive use of original equipment manufactured crash parts
    The Rate Bureau shall develop an optional policy endorsement to be filed with the Commissioner for approval that permits policyholders to elect nonfleet private...
  • N.C. Gen. Stat. § 58-36-42.   Development of policy form or endorsement for residential property insurance that does not include coverage for perils of windstorm or hail
    With respect to residential property insurance under its jurisdiction, the Bureau shall develop an optional policy form or endorsement to be filed with the...
  • N.C. Gen. Stat. § 58-36-45.   Notice of coverage or rate change
    Whenever an insurer changes the coverage other than at the request of the insured or changes the premium rate, it shall give the insured...
  • N.C. Gen. Stat. § 58-36-50.   Limitation
    Nothing in this Article shall apply to any town or county farmers mutual fire insurance association restricting its operations to not more than six...
  • N.C. Gen. Stat. § 58-36-55.   Policy forms
    No policy form applying to insurance on risks or operations covered by this Article may be delivered or issued for delivery unless it has...
  • N.C. Gen. Stat. § 58-36-60.   Payment of dividends not prohibited or regulated; plan for payment into rating system
    Nothing in this Article will be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by...
  • N.C. Gen. Stat. § 58-36-65.   Classifications and Safe Driver Incentive Plan for nonfleet private passenger motor vehicle insurance
    (a) The Bureau shall file, subject to review, modification, and promulgation by the Commissioner, such rate classifications, schedules, or rules that the Commissioner deems...
  • N.C. Gen. Stat. § 58-36-70.   Rate filings and hearings for motor vehicle insurance
    (a) With respect to nonfleet private passenger motor vehicle insurance, except as provided in G.S. 58-36-25, a filing made by the Bureau under G.S....
  • N.C. Gen. Stat. § 58-36-75.   At-fault accidents and certain moving traffic violations under the Safe Driver Incentive Plan
    (a) The subclassification plan promulgated pursuant to G.S. 58-36-65(b) may provide for separate surcharges for major, intermediate, and minor accidents. A "major accident" is...
  • N.C. Gen. Stat. § 58-36-80.   Coverage for damage to rental vehicles authorized
    As used in this section, "property damage" means damage or loss to a rented vehicle in excess of two hundred fifty dollars ($250.00), including...
  • N.C. Gen. Stat. § 58-36-85.   Termination of a nonfleet private passenger motor vehicle insurance policy
    (a) Definitions. - The following definitions apply in this section: (1) Policy. - A nonfleet private passenger motor vehicle liability insurance policy, including a...
  • N.C. Gen. Stat. § 58-36-90.   Prohibitions on using credit scoring to rate noncommercial private passenger motor vehicle and residential property insurance; exceptions
    (a) Definitions. - As used in this section: (1) "Adverse action" has the same meaning as in section 1681a(k) of the federal Fair Credit...
  • N.C. Gen. Stat. § 58-36-95.   Use of nonoriginal crash repair parts
    (a) As used in this section, the following definitions apply: (1) "Insurer" includes any person authorized to represent an insurer with respect to a...
  • N.C. Gen. Stat. § 58-36-100.   Prospective loss costs filings and final rate filings for workers' compensation and employers' liability insurance
    (a) Except as provided in subsections (k) and (m) of this section, the Bureau shall no longer develop or file any minimum premiums, minimum...
  • N.C. Gen. Stat. § 58-36-105.   Certain workers' compensation insurance policy cancellations prohibited
    (a) No policy of workers' compensation insurance or employers' liability insurance written in connection with a policy of workers' compensation insurance shall be cancelled...
  • N.C. Gen. Stat. § 58-36-110.   Notice of nonrenewal, premium rate increase, or change in workers' compensation insurance coverage required
    (a) No insurer shall refuse to renew a policy of workers' compensation insurance or employers' liability insurance written in connection with a policy of...
  • N.C. Gen. Stat. § 58-36-115.   Prohibitions on using inquiries to terminate a policy, refuse to issue or renew a policy, or to subject a policy to consent to rate
    An insurer writing residential real property insurance subject to this Article shall not terminate an existing policy or any coverage under an existing policy,...
  • N.C. Gen. Stat. § 58-36-120.   Public notice of certain filings
    Whenever the North Carolina Rate Bureau files for an increase in insurance rates for residential property insurance, the Bureau shall give public notice in...

Article 37 - North Carolina Motor Vehicle Reinsurance Facility.

  • N.C. Gen. Stat. § 58-37-1.   Definitions
    As used in this Article: (1) "Cede" or "cession" means the act of transferring the risk of loss from the individual insurer to all...
  • N.C. Gen. Stat. § 58-37-5.   North Carolina Motor Vehicle Reinsurance Facility; creation; membership
    There is created a nonprofit unincorporated legal entity to be known as the North Carolina Motor Vehicle Reinsurance Facility consisting of all insurers licensed...
  • N.C. Gen. Stat. § 58-37-10.   Obligations after termination of membership
    Any company whose membership in the Facility has been terminated by withdrawal shall, nevertheless, with respect to its business prior to midnight of the...
  • N.C. Gen. Stat. § 58-37-15.   Insolvency
    Any unsatisfied net liability to the Facility of any insolvent member shall be assumed by and apportioned among the remaining members in the Facility...
  • N.C. Gen. Stat. § 58-37-20.   Merger, consolidation or cession
    When a member has been merged or consolidated into another insurer, or has reinsured its entire motor vehicle liability insurance business in the State...
  • N.C. Gen. Stat. § 58-37-25.   General obligations of insurers
    (a) Except as otherwise provided in this Article all insurers as a prerequisite to the further engaging in this State in the writing of...
  • N.C. Gen. Stat. § 58-37-30.   General obligations of agents
    (a) Except as otherwise provided in this Article, no licensed agent of an insurer authorized to solicit and accept premiums for motor vehicle insurance...
  • N.C. Gen. Stat. § 58-37-35.   The Facility; functions; administration
    (a) The operation of the Facility shall assure the availability of motor vehicle insurance to any eligible risk and the Facility shall accept all...
  • N.C. Gen. Stat. § 58-37-40.   Plan of operation
    (a) Within 60 days after the initial organizational meeting, the Facility shall submit to the Commissioner, for his approval, a proposed plan of operation,...
  • N.C. Gen. Stat. § 58-37-45.   Procedure for cession provided in plan of operation
    Upon receipt by the company of a risk which it does not elect to retain, the company shall follow such procedures for ceding the...
  • N.C. Gen. Stat. § 58-37-50.   Termination of insurance
    No member may terminate insurance to the extent that cession of a particular type of coverage and limits is available under the provisions of...
  • N.C. Gen. Stat. § 58-37-55.   Exemption from requirements of this Article of companies and their agents
    The Board of Governors may exempt a company and its agents from the requirements of this Article, insofar as new business is concerned. The...
  • N.C. Gen. Stat. § 58-37-60.   Physical damage insurance availability
    No physical damage insurer shall refuse to make physical damage coverage available to any applicant for the reason that such applicant has, or may...
  • N.C. Gen. Stat. § 58-37-65.   Hearings; review
    (a) Any applicant for a policy from any carrier, any person insured under such a policy, any member of the Facility and any agent...
  • N.C. Gen. Stat. § 58-37-70.   Repealed by Session Laws 1991, c. 720, s. 6
  • N.C. Gen. Stat. § 58-37-75.   Repealed by Session Laws 1999-132, s. 8.9

Article 38 - Readable Insurance Policies.

  • N.C. Gen. Stat. § 58-38-1.   Title
    This Article is known and may be cited as the "Readable Insurance Policies Act." (1979, c. 755, s. 1.)
  • N.C. Gen. Stat. § 58-38-5.   Purpose
    The purpose of this Article is to provide that insurance policies and contracts be readable by a person of average intelligence, experience, and education....
  • N.C. Gen. Stat. § 58-38-10.   Scope of application
    (a) Except as provided in subsection (b) of this section, the provisions of this Article apply to the policies and contracts of direct insurance...
  • N.C. Gen. Stat. § 58-38-15.   Definitions
    As used in this Article, unless the context clearly indicates otherwise: (1) "Benefit booklet" means any written explanation of insurance coverages or benefits issued...
  • N.C. Gen. Stat. § 58-38-20.   Format requirements
    (a) All insurance policies and contracts covered by G.S. 58-38-35 must be printed in a typeface at least as large as 10 point modern...
  • N.C. Gen. Stat. § 58-38-25.   Flesch scale analysis readability score; procedures
    (a) A Flesch scale analysis readability score will be measured as provided in this section. (b) For policies containing 10,000 words or less of...
  • N.C. Gen. Stat. § 58-38-30.   Filing requirements; duties of the Commissioner
    (a) No insurer may make, issue, amend, or renew any insurance policy or contract after the dates specified in G.S. 58-38-35 for the applicable...
  • N.C. Gen. Stat. § 58-38-35.   Application to policies; dates; duties of the Commissioner
    (a) The filing requirements of G.S. 58-38-30 apply as follows: (1) As described in Article 36 of this Chapter, to all policies of private...
  • N.C. Gen. Stat. § 58-38-40.   Construction
    (a) The provisions of this Article will not operate to relieve any insurer from any provision of law regulating the contents or provisions of...

Article 39 - Consumer and Customer Information Privacy.

  • N.C. Gen. Stat. § 58-39-1.   Short titles
    This Article may be cited as the Consumer and Customer Information Privacy Act. Part 1 of this Article may be cited as the Insurance...
  • N.C. Gen. Stat. § 58-39-5.   Purpose
    The purpose of this Article is to establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by...
  • N.C. Gen. Stat. § 58-39-10.   Scope
    (a) The obligations imposed by this Article shall apply to those insurance institutions, agents, or insurance-support organizations that: (1) In the case of life,...
  • N.C. Gen. Stat. § 58-39-15.   Definitions
    As used in this Article: (1) "Adverse underwriting decision" means: a. Any of the following actions with respect to insurance transactions involving insurance coverage...
  • N.C. Gen. Stat. § 58-39-20.   Pretext interviews
    No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance...
  • N.C. Gen. Stat. § 58-39-25.   Notice of insurance information practices
    (a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as...
  • N.C. Gen. Stat. § 58-39-26.   Federal privacy disclosure notice requirements
    (a) Disclosure Required. - In addition to the notice requirements of G.S. 58-39-25, an insurance institution or agent shall provide, to all applicants and...
  • N.C. Gen. Stat. § 58-39-27.   Privacy notice and disclosure requirement exceptions
    (a) Under G.S. 58-39-25 and G.S. 58-39-26, an insurance institution or agent may provide a joint notice from the insurance institution or agent and...
  • N.C. Gen. Stat. § 58-39-28.   Exception for title and mortgage guaranty insurance
    (a) A title insurance company shall give notice of its insurance information practices under G.S. 58-39-25 and G.S. 58-39-26 only at the time the...
  • N.C. Gen. Stat. § 58-39-30.   Marketing and research surveys
    An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in...
  • N.C. Gen. Stat. § 58-39-35.   Content of disclosure authorization forms
    Notwithstanding any other provision of law of this State, no insurance institution, agent, or insurance-support organization shall utilize as its disclosure authorization form in...
  • N.C. Gen. Stat. § 58-39-40.   Investigative consumer reports
    (a) No insurance institution, agent, or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance...
  • N.C. Gen. Stat. § 58-39-45.   Access to recorded personal information
    (a) If any individual, after proper identification, submits a written request to an insurance institution, agent, or insurance-support organization for access to recorded personal...
  • N.C. Gen. Stat. § 58-39-50.   Correction, amendment, or deletion of recorded personal information
    (a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded...
  • N.C. Gen. Stat. § 58-39-55.   Reasons for adverse underwriting decisions
    (a) In the event of an adverse underwriting decision, the insurance institution or agent responsible for the decision shall give a written notice in...
  • N.C. Gen. Stat. § 58-39-60.   Information concerning previous adverse underwriting decisions
    No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning: (i) any previous adverse underwriting decision experienced...
  • N.C. Gen. Stat. § 58-39-65.   Previous adverse underwriting decisions
    No insurance institution or agent may base an adverse underwriting decision in whole or in part: (1) On the fact of a previous adverse...
  • N.C. Gen. Stat. § 58-39-70.   Recodified as G.S. 58-39-125 by Session Laws 2003-262, s. 2(3), effective June 26, 2003
  • N.C. Gen. Stat. § 58-39-75.   Disclosure limitations and conditions
    An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with...
  • N.C. Gen. Stat. § 58-39-76.   Limits on sharing account number information for marketing purposes
    (a) General Prohibition on Disclosure of Account Numbers. - An insurance institution, insurance agent, or insurance-support organization shall not disclose, other than to a...
  • N.C. Gen. Stat. § 58-39-80.   Hearings and procedures
    (a) Whenever the Commissioner has reason to believe that an insurance institution, agent, or insurance-support organization has been or is engaged in conduct in...
  • N.C. Gen. Stat. § 58-39-85.   Service of process; insurance-support organizations
    For the purpose of this Article, an insurance-support organization transacting business outside this State that has an effect on a person residing in this...
  • N.C. Gen. Stat. § 58-39-90.   Cease and desist orders
    If, after a hearing pursuant to G.S. 58-39-80, the Commissioner determines that the insurance institution, agent, or insurance-support organization charged has engaged in conduct...
  • N.C. Gen. Stat. § 58-39-95.   Penalties
    (a) In any case where a hearing pursuant to G.S. 58-39-80 results in the findings of a violation of this Article, the Commissioner, in...
  • N.C. Gen. Stat. § 58-39-100.   Appeal of right
    From any final order of the Commissioner issued pursuant to the provisions of this Article there shall be an appeal as provided in G.S....
  • N.C. Gen. Stat. § 58-39-105.   Individual remedies
    (a) If any insurance institution, agent, or insurance-support organization fails to comply with G.S. 58-39-45, 58-39-50, or 58-39-55 with respect to the rights granted...
  • N.C. Gen. Stat. § 58-39-110.   Immunity
    No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged...
  • N.C. Gen. Stat. § 58-39-115.   Obtaining information under false pretenses
    Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent, or insurance-support organization under false pretenses shall, upon...
  • N.C. Gen. Stat. § 58-39-120.   Rights
    The rights granted under G.S. 58-39-45, 58-39-50, and 58-39-75 shall take effect on July 1, 1982, regardless of the date of the collection or...
  • N.C. Gen. Stat. § 58-39-125.   Powers of the Commissioner
    (a) The Commissioner shall have the power to examine and investigate into the affairs of every insurance institution or agent doing business in this...
  • N.C. Gen. Stat. § 58-39-130.   Purpose
    The purpose of this Part is to establish standards for developing and implementing administrative, technical, and physical safeguards to protect the security, confidentiality, and...
  • N.C. Gen. Stat. § 58-39-135.   Scope
    The safeguards established under this Part apply to all customer information as defined in G.S. 58-39-140. (2003-262, s. 4.)
  • N.C. Gen. Stat. § 58-39-140.   Definitions
    As used in this Part, in addition to the definitions in G.S. 58-39-15: (1) "Customer" means an applicant with or policyholder of a licensee....
  • N.C. Gen. Stat. § 58-39-145.   Information security program
    Each licensee shall implement a comprehensive written information security program that includes administrative, technical, and physical safeguards for the protection of customer information. The...
  • N.C. Gen. Stat. § 58-39-150.   Objectives of information security program
    A licensee's information security program shall be designed to: (1) Ensure the security and confidentiality of customer information; (2) Protect against any anticipated threats...
  • N.C. Gen. Stat. § 58-39-155.   Rules
    The Commissioner may adopt rules that the Commissioner deems necessary to carry out the purposes of this Part, including rules that govern licensee oversight...
  • N.C. Gen. Stat. § 58-39-160.   Violation
    A violation of G.S. 58-39-145 or G.S. 58-39-150 subjects the violator to Part 2 of this Article. (2003-262, s. 4.)
  • N.C. Gen. Stat. § 58-39-165.   Effective date
    Each licensee shall establish an information security program, including appropriate policies and systems under this Part by April 1, 2005. (2003-262, s. 4.)

Article 40 - Regulation of Insurance Rates.

  • N.C. Gen. Stat. § 58-40-1.   Purposes
    The purposes of this Article are (1) To promote the public welfare by regulating rates to the end that they shall not be excessive,...
  • N.C. Gen. Stat. § 58-40-5.   Definitions
    As used in this Article: (1) Repealed by Session Laws 2005-210, s. 3, effective October 1, 2005. (2) Repealed by Session Laws 1991, c....
  • N.C. Gen. Stat. § 58-40-10.   Other definitions
    As used in this Article and in Articles 36 and 37 of this Chapter: (1) "Private passenger motor vehicle" means: a. A motor vehicle...
  • N.C. Gen. Stat. § 58-40-15.   Scope of application
    The provisions of this Article shall apply to all insurance on risks or on operations in this State, except: (1) Reinsurance, other than joint...
  • N.C. Gen. Stat. § 58-40-20.   Rate standards
    (a) In order to serve the public interest, rates shall not be excessive, inadequate, or unfairly discriminatory. (b), (c) Repealed by Session Laws 1985...
  • N.C. Gen. Stat. § 58-40-25.   Rating methods
    In determining whether rates comply with the standards under G.S. 58-40-20, the following criteria shall be applied: (1) Due consideration shall be given to...
  • N.C. Gen. Stat. § 58-40-30.   Filing of rates and supporting data
    (a) With the exception of inland marine insurance that is not written according to manual rates and rating plans, every admitted insurer and every...
  • N.C. Gen. Stat. § 58-40-35.   Filing open to inspection
    Each filing and supporting data filed under this Article shall, as soon as filed, be open to public inspection at any reasonable time. Copies...
  • N.C. Gen. Stat. § 58-40-40.   Delegation of rate making and rate filing obligation
    (a) An insurer may itself establish rates based on the factors in G.S. 58-40-25 or it may use rates prepared by a statistical organization,...
  • N.C. Gen. Stat. § 58-40-45.   Disapproval of rates; interim use of rates
    (a) If, after a hearing, the Commissioner disapproves a rate, he must issue an order specifying in what respects the rate fails to meet...
  • N.C. Gen. Stat. § 58-40-50.   Statistical organizations
    (a) No statistical organization shall conduct its operations in this State, and no insurer shall utilize the service of such organization for any purpose...
  • N.C. Gen. Stat. § 58-40-55.   Repealed by Session Laws 2005-210, s. 8, effective October 1, 2005
  • N.C. Gen. Stat. § 58-40-60.   Joint underwriting and joint reinsurance organizations
    (a) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance through such group, association, or organization, or...
  • N.C. Gen. Stat. § 58-40-65.   Insurers authorized to act in concert
    Subject to and in compliance with the provisions of Articles 1 through 64 of this Chapter authorizing insurers to be members or subscribers of...
  • N.C. Gen. Stat. § 58-40-70.   Insurers authorized to act in concert; admitted insurers with common ownership or management; matters relating to co-surety bonds
    With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms,...
  • N.C. Gen. Stat. § 58-40-75.   Agreements to adhere
    No insurer shall assume any obligation to any person, other than a policyholder or other insurers with which it is under common control or...
  • N.C. Gen. Stat. § 58-40-80.   Exchange of information or experience data; consultation with statistical organizations and insurers
    Statistical organizations licensed pursuant to G.S. 58-40-50 and admitted insurers are authorized to exchange information and experience data between and among themselves in this...
  • N.C. Gen. Stat. § 58-40-85.   Recording and reporting of experience
    The Commissioner shall promulgate or approve reasonable rules, including rules providing statistical plans, for use thereafter by all insurers in the recording and reporting...
  • N.C. Gen. Stat. § 58-40-90.   Examination of rating, joint underwriting, and joint reinsurance organizations
    The Commissioner shall, at least once every three years, make or cause to be made an examination of each statistical organization licensed pursuant to...
  • N.C. Gen. Stat. § 58-40-95.   Apportionment agreements among insurers
    Agreements may be made between or among insurers with respect to equitable apportionment among them of insurance which may be afforded applicants who are...
  • N.C. Gen. Stat. § 58-40-100.   Request for review of rate, rating plan, rating system or underwriting rule
    (a) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or statistical organization...
  • N.C. Gen. Stat. § 58-40-105.   Hearing and judicial review
    (a) Any insurer, person, or organization to which the Commissioner has directed an order or decision made without a hearing may, within 30 days...
  • N.C. Gen. Stat. § 58-40-110.   Suspension of license
    (a) Repealed by Session Laws 1985, c. 666, s. 36. (b) Subject to the requirements of this Article and of G.S. 58-2-70, the Commissioner...
  • N.C. Gen. Stat. § 58-40-115.   Existing rates, rating systems, territories, classifications and policy forms
    Rates, rating systems, territories, classifications, and policy forms lawfully in use on September 1, 1977, may continue to be used thereafter, notwithstanding any provision...
  • N.C. Gen. Stat. § 58-40-120.   Payment of dividends not prohibited or regulated; plan for payment into rating system
    Nothing in this Article shall be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by...
  • N.C. Gen. Stat. § 58-40-125.   Limitation
    Nothing in this Article shall apply to any town or county farmers mutual fire insurance association restricting its operations to not more than six...
  • N.C. Gen. Stat. § 58-40-130.   Financial disclosure; rate modifications; reporting requirements
    (a) The Commissioner may require each insurer subject to this Article to report, on a form prescribed by the Commissioner, its loss and expense...
  • N.C. Gen. Stat. § 58-40-135.   Good faith immunity for operation of market assistance programs
    There is no liability on the part of and no cause of action of any nature arises against any director, administrator, or employee of...
  • N.C. Gen. Stat. § 58-40-140.   Extended reporting
    (a) Any policy for commercial general liability coverage or professional liability insurance wherein the insurer offers, and the insured elects to purchase, an extended...

Article 41 - Insurance Regulatory Reform Act.

  • N.C. Gen. Stat. § 58-41-1.   Short title
    This Article is known and may be cited as the Insurance Regulatory Reform Act. (1985 (Reg. Sess., 1986), c. 1027, s. 14.)
  • N.C. Gen. Stat. § 58-41-5.   Legislative findings and intent
    (a) Due to conditions in national and international property and liability insurance markets, insureds in the United States have experienced unprecedented in-term cancellations of...
  • N.C. Gen. Stat. § 58-41-10.   Scope
    (a) Except as otherwise provided, this Article applies to all kinds of insurance authorized by G.S. 58-7-15(4) through (14) and G.S. 58-7-15(18) through (22),...
  • N.C. Gen. Stat. § 58-41-15.   Certain policy cancellations prohibited
    (a) No insurance policy or renewal thereof may be cancelled by the insurer prior to the expiration of the term or anniversary date stated...
  • N.C. Gen. Stat. § 58-41-20.   Notice of nonrenewal, premium rate increase, or change in coverage required
    (a) No insurer may refuse to renew an insurance policy except in accordance with the provisions of this section, and any nonrenewal attempted or...
  • N.C. Gen. Stat. § 58-41-25.   Notice of renewal of policies with premium rate or coverage changes
    (a) If an insurer intends to renew a policy, the insurer must furnish to the insured the renewal terms and a statement of the...
  • N.C. Gen. Stat. § 58-41-30.   Loss of reinsurance
    An insurer may cancel or refuse to renew a kind of insurance when the cancellation or nonrenewal is necessary because of a loss of...
  • N.C. Gen. Stat. § 58-41-35.   Repealed by Session Laws 1999-219, s. 9
  • N.C. Gen. Stat. § 58-41-40.   No liability for statements or communications made in good faith; prior notice to agents or brokers
    (a) There is no liability on the part of and no cause of action for defamation or invasion of privacy arises against any insurer...
  • N.C. Gen. Stat. § 58-41-45.   Termination of writing kind of insurance
    (a) Except as provided in G.S. 58-41-30, no insurer may terminate, by nonrenewals, an entire book of business of any kind of insurance without...
  • N.C. Gen. Stat. § 58-41-50.   Policy form and rate filings; punitive damages; data required to support filings
    (a) With the exception of inland marine insurance that is not written according to manual rates and rating plans, all policy forms must be...
  • N.C. Gen. Stat. § 58-41-55.   Penalties; restitution
    In addition to criminal penalties for acts declared unlawful by this Article, any violation of this Article subjects an insurer to revocation or suspension...

Article 42 - Mandatory or Voluntary Risk Sharing Plans.

  • N.C. Gen. Stat. § 58-42-1.   Establishment of plans
    (a) If the Commissioner finds, after a hearing held in accordance with Article 3A of Chapter 150B of the General Statutes, that in all...
  • N.C. Gen. Stat. § 58-42-5.   Purposes, contents, and operation of risk sharing plans
    (a) Each plan promulgated or prepared pursuant to G.S. 58-42-1 shall: (1) Give consideration to: a. The need for adequate and readily accessible coverage;...
  • N.C. Gen. Stat. § 58-42-10.   Persons required to participate
    (a) Each plan shall require participation: (1) By all insurers licensed in this State to write the kinds of insurance covered by the specific...
  • N.C. Gen. Stat. § 58-42-15.   Voluntary participation
    Each plan may provide for participation by: (1) Insurers that are not required to participate by G.S. 58-42-10; (2) Eligible surplus lines insurers as...
  • N.C. Gen. Stat. § 58-42-20.   Classification and rates
    Each plan shall provide for: (1) The method of classifying risks; (2) The making and filing of rates that are not excessive, inadequate, or...
  • N.C. Gen. Stat. § 58-42-25.   Basis for participation
    Each plan shall specify the basis for participation by insurers, agents, statistical organizations, and other participants and shall specify the conditions under which risks...
  • N.C. Gen. Stat. § 58-42-30.   Duty to provide information
    Every participating insurer and agent shall provide to any person seeking the insurance available in each plan, information about the services prescribed in the...
  • N.C. Gen. Stat. § 58-42-35.   Provision of marketing facilities
    If the Commissioner finds that the lack of participating insurers or agents in a geographic area makes the functioning of a plan difficult, he...
  • N.C. Gen. Stat. § 58-42-40.   Voluntary risk sharing plans
    Insurers doing business within this State or reinsurers approved by the Commissioner may prepare voluntary plans that will provide any specific amount or kind...
  • N.C. Gen. Stat. § 58-42-45.   Article subject to Administrative Procedure Act; legislative oversight of plans
    (a) The provisions of Chapter 150B of the General Statutes shall apply to this Article. (b) At the same time the Commissioner issues a...
  • N.C. Gen. Stat. § 58-42-50.   Immunity of Commissioner and plan participants
    There shall be no liability on the part of, and no cause of action shall arise against the Commissioner, his representatives, or any plan,...
  • N.C. Gen. Stat. § 58-42-55.   Repealed by Session Laws 2001-122, s. 1

Article 43 - General Regulations of Business-Fire Insurance.

  • N.C. Gen. Stat. § 58-43-1.   Performance of contracts as to devices not prohibited
    Nothing contained in Articles 1 through 64 of this Chapter shall be construed as prohibiting the performance of any contract hereafter made for the...
  • N.C. Gen. Stat. § 58-43-5.   Limitation as to amount and term; indemnity contracts for difference in actual value and cost of replacement; functional replacement
    No insurance company or agent shall knowingly issue any fire insurance policy upon property within this State for an amount which, together with any...
  • N.C. Gen. Stat. § 58-43-10.   Limit of liability on total loss
    Subject to the provisions of G.S. 58-43-5, when buildings insured against loss by fire and situated within the State are totally destroyed by fire,...
  • N.C. Gen. Stat. § 58-43-15.   Policies for the benefit of mortgagees
    Where by an agreement with the insured, or by the terms of a fire insurance policy taken out by a mortgagor, the whole or...
  • N.C. Gen. Stat. § 58-43-20.   Repealed by Session Laws 1995 (Regular Session, 1996), c. 752, s. 1
  • N.C. Gen. Stat. § 58-43-25.   Limitation of fire insurance risks
    No insurer authorized to do in this State the business of fire insurance shall expose itself to any loss on any one fire risk,...
  • N.C. Gen. Stat. § 58-43-30.   Agreements restricting agent's commission; penalty
    It is unlawful for any insurance company doing the business of insurance as defined in subdivisions (3) to (22), inclusive, of G.S. 58-7-15 and...
  • N.C. Gen. Stat. § 58-43-35.   Punishment for issuing fire policies contrary to law
    Any insurance company or agent who makes, issues, or delivers a policy of fire insurance in willful violation of the provisions of Articles 1...
  • N.C. Gen. Stat. § 58-43-40.   Expired

Article 44 - Property Insurance Policies.

  • N.C. Gen. Stat. § 58-44-1.   Terms and conditions must be set out in policy
    In all insurance against loss by fire the conditions of insurance must be stated in full, and the rules and bylaws of the company...
  • N.C. Gen. Stat. § 58-44-5.   Items to be expressed in policies
    Upon request there shall be printed, stamped, or written on each fire policy issued in this State the basis rate, deficiency charge, the credit...
  • N.C. Gen. Stat. § 58-44-10.   Repealed by Session Laws 1995, c. 517, s. 27
  • N.C. Gen. Stat. § 58-44-15.   Repealed by Session Laws 2009-171, s. 6, effective January 1, 2010, and applicable to fire insurance policies issued or renewed on and after that date
  • N.C. Gen. Stat. § 58-44-16.   Fire insurance policies; standard fire insurance policy provisions
    (a) The provisions of a fire insurance policy, as set forth in subsection (f) of this section, shall be known and designated as the...
  • N.C. Gen. Stat. § 58-44-20.   Standard policy; permissible variations
    With the exception of policies covering (i) automobile fire, theft, comprehensive, and collision or (ii) marine and inland marine insurance, no fire insurance company...
  • N.C. Gen. Stat. § 58-44-25.   Optional provisions as to loss or damage from nuclear reaction, nuclear radiation or radioactive contamination
    Insurers issuing the standard fire insurance policy pursuant to G.S. 58-44-16, or any permissible variation of that policy, and policies issued pursuant to G.S....
  • N.C. Gen. Stat. § 58-44-30.   Notice by insured or agent as to increase of hazard, unoccupancy and other insurance
    If notice in writing signed by the insured, or his agent, is given before loss or damage by any peril insured against under the...
  • N.C. Gen. Stat. § 58-44-35.   Judge to select umpire
    Any resident judge of the superior court of the district in which the property insured is located is designated as the judge of the...
  • N.C. Gen. Stat. § 58-44-40.   Effect of failure to give notice of encumbrance
    No policy of insurance issued upon any property shall be held void because of the failure to give notice to the company of a...
  • N.C. Gen. Stat. § 58-44-45.   Policy issued to husband or wife on joint property
    Any policy of fire insurance issued to husband or wife, on buildings and household furniture owned by the husband and wife, either by entirety,...
  • N.C. Gen. Stat. § 58-44-50.   Bar to defense of failure to render timely proof of loss
    In any action brought to enforce an insurance policy subject to the provisions of this Article, any party claiming benefit under the policy may...
  • N.C. Gen. Stat. § 58-44-55.   Farmowners' and other property policies; ice, snow, or sleet damage
    Under any policy of farmowners' or other property insurance that insures against all direct loss by fire, lightning, or other perils that may be...
  • N.C. Gen. Stat. § 58-44-60.   Notice to property insurance policyholder about flood, earthquake, mudslide, mudflow, landslide, and windstorm or hail insurance coverage
    (a) Every insurer that sells residential or commercial property insurance policies that do not provide coverage for the perils of flood, earthquake, mudslide, mudflow,...
  • N.C. Gen. Stat. § 58-44-70.   Purpose and scope
    (a) This Part provides for a nonadversarial alternative dispute resolution procedure for a facilitated claim resolution conference prompted by the critical need for effective,...
  • N.C. Gen. Stat. § 58-44-75.   Definitions
    As used in this Part: (1) Administrator. - The Commissioner or the Commissioner's designee; and the term is used interchangeably with regard to the...
  • N.C. Gen. Stat. § 58-44-80.   Notification of right to mediate
    (a) Insurers shall notify their insureds in this State who have claimed damage to their residential properties as a result of a disaster of...
  • N.C. Gen. Stat. § 58-44-85.   Request for mediation
    (a) If an insured requests mediation before receipt of the notice of the right to mediate or if the date of the notice cannot...
  • N.C. Gen. Stat. § 58-44-90.   Mediation fees
    (a) The fees of the mediator and of the Administrator as established by the Commissioner shall be borne by the insurer. All other mediation...
  • N.C. Gen. Stat. § 58-44-95.   Scheduling of mediation; qualification of mediator
    (a) The Administrator shall select a mediator and schedule the mediation conference. (b) In order to be approved, a mediator must be certified by...
  • N.C. Gen. Stat. § 58-44-100.   Conduct of the mediation conference
    (a) The Commissioner may adopt rules, in addition to the provisions of this section and that are not in conflict with G.S. 7A-38.1 or...
  • N.C. Gen. Stat. § 58-44-105.   Post mediation
    (a) Within five days after the conclusion of the conference, the mediator shall file with the Administrator a mediator's status report, on a form...
  • N.C. Gen. Stat. § 58-44-110.   Nonparticipation in mediation program
    If the insured decides not to participate in this program or if the parties are unsuccessful at resolving the claim, the insured may choose...
  • N.C. Gen. Stat. § 58-44-115.   Commissioner's review
    If the insured rescinds a settlement agreement in accordance with G.S. 58-44-105(c), the Commissioner may review the settlement agreement to determine if the agreement...
  • N.C. Gen. Stat. § 58-44-120.   Relation to Administrative Procedure Act
    The applicable provisions of Chapter 150B of the General Statutes shall govern issues relating to mediation that are not addressed in this Part. The...

Article 44A - Portable Electronics Insurance.

  • N.C. Gen. Stat. § 58-44A-1.   Definitions
    As used in this Article, the following definitions apply: (1) Customer. - A person who purchases portable electronics or services. (2) Enrolled customer. -...
  • N.C. Gen. Stat. § 58-44A-5.   Licensure of vendors
    (a) A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance. (b)...
  • N.C. Gen. Stat. § 58-44A-10.   Requirements for sale of portable electronics insurance
    (a) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective...
  • N.C. Gen. Stat. § 58-44A-15.   Authority of vendors of portable electronics
    (a) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure...
  • N.C. Gen. Stat. § 58-44A-20.   Suspension or revocation of license
    If a vendor of portable electronics or its employee or authorized representative violates any provision of this section, the Commissioner may do any of...
  • N.C. Gen. Stat. § 58-44A-25.   Application for license
    The prerequisites for issuance of a limited lines license under this Article are the filing with the Commissioner of the following: (1) A license...

Article 45 - Essential Property Insurance for Beach Area Property.

  • N.C. Gen. Stat. § 58-45-1.   Declarations and purpose of Article
    (a) It is hereby declared by the General Assembly of North Carolina that an adequate market for essential property insurance is necessary to the...
  • N.C. Gen. Stat. § 58-45-5.   Definition of terms
    As used in this Article, unless the context clearly otherwise requires: (1) Association. - The North Carolina Insurance Underwriting Association established under this Article....
  • N.C. Gen. Stat. § 58-45-6.   Persons who can be insured by the Association
    As used in this Article, "person" includes the State of North Carolina and any county, city, or other political subdivision of the State of...
  • N.C. Gen. Stat. § 58-45-10.   North Carolina Insurance Underwriting Association created
    There is hereby created the North Carolina Insurance Underwriting Association, consisting of all insurers authorized to write and engage in writing within this State,...
  • N.C. Gen. Stat. § 58-45-15.   Powers and duties of Association
    The Association shall, pursuant to the provisions of this Article and the plan of operation, and with respect to the insurance coverages authorized in...
  • N.C. Gen. Stat. § 58-45-20.   Temporary directors of Association
    Within 10 days after April 17, 1969, the Commissioner shall appoint a temporary board of directors of this Association, which shall consist of 11...
  • N.C. Gen. Stat. § 58-45-25.   Each member of Association to participate in nonrecoupable assessments
    (a) Subject to the limitations contained in G.S. 58-45-47, each member of the Association shall participate in the nonrecoupable assessments levied by the Association...
  • N.C. Gen. Stat. § 58-45-30.   Directors to submit plan of operation to Commissioner; review and approval; amendments; appeal from Commissioner to superior court
    (a) The Directors shall submit to the Commissioner for his review and approval, a proposed plan of operation. The plan shall set forth the...
  • N.C. Gen. Stat. § 58-45-35.   Persons eligible to apply to Association for coverage; contents of application
    (a) Any person having an insurable interest in insurable property, may, on or after the effective date of the plan of operation, be entitled...
  • N.C. Gen. Stat. § 58-45-36.   Temporary contracts of insurance
    Consistent with G.S. 58-45-35(d), the Association shall be temporarily bound by a written temporary binder of insurance issued by any duly licensed insurance agent...
  • N.C. Gen. Stat. § 58-45-40.   Association members may cede insurance to Association
    Any member of the Association may cede to the Association essential property insurance written on insurable property, to the extent, if any, and on...
  • N.C. Gen. Stat. § 58-45-41.   Coverage limits
    (a) The Association shall cause to be issued insurance up to the reasonable value of the insurable property, subject to a maximum of seven...
  • N.C. Gen. Stat. § 58-45-45.   Rates, rating plans, rating rules, and forms applicable
    (a) Rates shall not be excessive, inadequate, or unfairly discriminatory. Except as provided in subsections (a1), (a2), and (b) of this section, rates, rating...
  • N.C. Gen. Stat. § 58-45-46.   Unearned premium, loss, and loss expense reserves
    The Association shall make provisions for reserving unearned premiums and reserving for losses, including incurred but not reported losses, and loss expenses, in accordance...
  • N.C. Gen. Stat. § 58-45-47.   Deficit event
    (a) In the event of losses and expenses to the Association exceeding available surplus, reinsurance, and other sources of funding of Association losses, the...
  • N.C. Gen. Stat. § 58-45-50.   Appeal from acts of Association to Commissioner; appeal from Commissioner to superior court
    (a) Any person or any insurer who may be aggrieved by an act, ruling, or decision of the Association other than an act, ruling,...
  • N.C. Gen. Stat. § 58-45-55.   Reports of inspection made available
    All reports of inspection performed by or on behalf of the Association shall be made available to the members of the Association, applicants, agent...
  • N.C. Gen. Stat. § 58-45-60.   Association and Commissioner immune from liability
    There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the...
  • N.C. Gen. Stat. § 58-45-65.   Association to file annual report with Commissioner
    The Association shall file in the office of the Commissioner on an annual basis on or before January 1 a statement which shall summarize...
  • N.C. Gen. Stat. § 58-45-65.1.   Association to be audited
    The Association shall be audited on an annual basis by an auditor selected by the Commissioner. (2009-472, s. 1.)
  • N.C. Gen. Stat. § 58-45-70.   Commissioner may examine affairs of Association
    The Commissioner may from time to time make an examination into the affairs of the Association when he deems it to be prudent and...
  • N.C. Gen. Stat. § 58-45-71.   Report of member companies to Commissioner
    Each member company of the Association shall report by February 1 of each year to the Commissioner the amount of homeowners' coverage, including separate...
  • N.C. Gen. Stat. § 58-45-75.   Commissioner authorized to promulgate reasonable rules and regulations
    The Commissioner shall have authority to make reasonable rules and regulations, not inconsistent with law, to enforce, carry out and make effective the provisions...
  • N.C. Gen. Stat. § 58-45-80.   Premium taxes to be paid through Association
    All premium taxes due on insurance written under this Article shall be remitted by each insurer to the Association; and the Association, as collecting...
  • N.C. Gen. Stat. § 58-45-85.   Assessment; inability to pay
    (a) If any insurer fails, by reason of insolvency, to pay any assessment as provided in this Article, the amount assessed each insurer shall...
  • N.C. Gen. Stat. § 58-45-90.   Open meetings
    The Association is subject to the Open Meetings Act, Article 33C of Chapter 143 of the General Statutes, as amended. (2002-185, s. 7.1.)
  • N.C. Gen. Stat. § 58-45-95.   Information availability
    Information concerning the Association's activities shall be made fully available upon request provided that no competitive information concerning an individual company's business plans, data,...
  • N.C. Gen. Stat. § 58-45-96.   Succession and dissolution
    In the event that a successor organization is created to perform the Association's general functions, the surplus, assets, and liabilities then held by the...

Article 46 - Fair Access to Insurance Requirements.

  • N.C. Gen. Stat. § 58-46-1.   Purpose and geographic coverage of Article
    (a) It is the purpose of this Article to provide a program whereby adequate basic property insurance may be made available to property owners...
  • N.C. Gen. Stat. § 58-46-2.   Persons who can be insured by the Association
    As used in this Article, "person" includes the State of North Carolina and any county, city, or other political subdivision of the State of...
  • N.C. Gen. Stat. § 58-46-5.   Organization of underwriting association
    All insurers licensed to write and writing property insurance in this State on a direct basis are authorized, subject to the approval and regulation...
  • N.C. Gen. Stat. § 58-46-10.   Participation in association
    (a) Every insurer authorized to write basic property insurance in this State except town and county mutual insurance associations and assessable mutual companies as...
  • N.C. Gen. Stat. § 58-46-15.   Requirements of Plan and authority of Association
    The Association formed pursuant to the provisions of this Article shall have authority on behalf of its members to cause to be issued basic...
  • N.C. Gen. Stat. § 58-46-20.   Authority of Commissioner
    (a) Within 90 days following July 2, 1969, and before August 1, 1969, the directors of the association shall submit to the Commissioner for...
  • N.C. Gen. Stat. § 58-46-25.   Temporary directors of association
    Within 10 days after July 2, 1969, the Commissioner shall appoint a temporary board of directors of the association, which temporary board of directors...
  • N.C. Gen. Stat. § 58-46-30.   Appeals; judicial review
    The association shall provide reasonable means, to be approved by the Commissioner, whereby any person or insurer affected by any act or decision of...
  • N.C. Gen. Stat. § 58-46-35.   Reports of inspection made available; immunity from liability
    All reports of inspection performed by or on behalf of the association shall be made available to the members of the association, applicants and...
  • N.C. Gen. Stat. § 58-46-40.   Assessment; inability to pay
    In the event any insurer fails by reason of insolvency to pay any assessment as provided herein, the amount assessed each insurer shall be...
  • N.C. Gen. Stat. § 58-46-41.   Unearned premium, loss, and loss expense reserves
    The Association shall make provisions for reserving unearned premiums and reserving for losses, including incurred but not reported losses, and loss expenses, in accordance...
  • N.C. Gen. Stat. § 58-46-45.   Premium taxes to be paid through Association
    All premium taxes due on insurance written under this Article shall be remitted by each insurer to the Association; and the Association, as collecting...
  • N.C. Gen. Stat. § 58-46-50.   Annual reports
    On or before January 1 of each year the association shall file with the Commissioner a statement that summarizes the transactions, conditions, operations, and...
  • N.C. Gen. Stat. § 58-46-55.   Rates, rating plans, rating rules, and forms applicable
    The rates, rating plans, rating rules, and forms applicable to the insurance written by the association shall be in accordance with the most recent...
  • N.C. Gen. Stat. § 58-46-60.   Open meetings
    The Association is subject to the Open Meetings Act, Article 33C of Chapter 143 of the General Statutes, as amended. (2002-185, s. 7.2.)

Article 47 - Workers' Compensation Self-Insurance.

  • N.C. Gen. Stat. § 58-47-1 through 58-47-50.   Repealed by Session Laws 1997-362, s. 2
  • N.C. Gen. Stat. § 58-47-60.   Definitions
    As used in this part: (1) "Act" means the Workers' Compensation Act in Article 1 of Chapter 97 of the General Statutes, as amended....
  • N.C. Gen. Stat. § 58-47-65.   Licensing; qualification for approval
    (a) No group shall self-insure its workers' compensation liabilities under the Act unless it is licensed by the Commissioner under this Part. Any self-insured...
  • N.C. Gen. Stat. § 58-47-70.   License denial; termination; revocation; restrictions
    (a) If the Commissioner denies a license, the Commissioner shall inform the applicant of the reasons for the denial. The Commissioner may issue a...
  • N.C. Gen. Stat. § 58-47-75.   Reporting and records
    (a) As used in this section: (1) "Audited financial report" has the same meaning as in the NAIC Model Rule Requiring Annual Audited Financial...
  • N.C. Gen. Stat. § 58-47-80.   Assets and invested assets
    Funds shall be held and invested by the board under G.S. 58-7-160, 58-7-162, 58-7-163, 58-7-165, 58-7-167, 58-7-168, 58-7-170, 58-7-172, 58-7-173, 58-7-178, 58-7-179, 58-7-180, 58-7-183,...
  • N.C. Gen. Stat. § 58-47-85.   Surplus requirements
    Every group shall maintain minimum surplus under one of the options in subdivision (1), (2), or (3) of this section: (1) Maintain minimum surplus...
  • N.C. Gen. Stat. § 58-47-90.   Deposits
    (a) Each group shall deposit with the Commissioner an amount equal to ten percent (10%) of the group's total annual earned premium, according to...
  • N.C. Gen. Stat. § 58-47-95.   Excess insurance and reinsurance
    (a) Each group, on or before its effective date of operation and on a continuing basis thereafter, shall maintain specific and aggregate excess loss...
  • N.C. Gen. Stat. § 58-47-100.   Examinations
    G.S. 58-2-131 through G.S. 58-2-134 apply to groups. (1997-362, s. 3; 1999-132, s. 11.7.)
  • N.C. Gen. Stat. § 58-47-105.   Dividends and other distributions
    (a) Group dividends and other distributions shall be made in accordance with G.S. 58-7-130, 58-8-25(b), and 58-19-30. A group shall be in compliance with...
  • N.C. Gen. Stat. § 58-47-110.   Premium rates
    (a) As used in this section: (1) "Bureau" means the North Carolina Rate Bureau in Article 36 of this Chapter. (2) "Expenses" means that...
  • N.C. Gen. Stat. § 58-47-115.   Premium payment requirements
    Groups shall collect members' premiums for each policy period in a manner so that at no time the sum of a member's premium payments...
  • N.C. Gen. Stat. § 58-47-120.   Board; composition, powers, duties, and prohibitions
    (a) Each group shall be governed by a board or other governing body comprising no fewer than three persons, elected for stated terms of...
  • N.C. Gen. Stat. § 58-47-125.   Admission and termination of group members
    (a) Prospective group members shall submit applications for membership to the board. The board, a designated employee of the group, or TPA shall approve...
  • N.C. Gen. Stat. § 58-47-130.   Disclosure
    Every group through its board, TPA, service company, agents, or other representatives shall require, before accepting an application, each applicant for membership to acknowledge...
  • N.C. Gen. Stat. § 58-47-135.   Assessment plan and indemnity agreement
    (a) Each group shall establish an assessment plan that provides for a reasonable and equitable mechanism for assessing its members. The plan and any...
  • N.C. Gen. Stat. § 58-47-140.   Other provisions of this Chapter
    The following provisions of this Chapter apply to workers' compensation self-insurance groups that are subject to this Article: G.S. 58-1-10, 58-2-45, 58-2-50, 58-2-70, 58-2-100,...
  • N.C. Gen. Stat. § 58-47-150.   Definitions
    As used in this Part: (1) "Books and records" means all files, documents, and databases in a paper form, electronic medium, or both. (2)...
  • N.C. Gen. Stat. § 58-47-155.   TPAs and service companies; authority; qualifications
    (a) No person shall act as, offer to act as, or hold himself or herself out as a TPA or a service company with...
  • N.C. Gen. Stat. § 58-47-160.   Written agreement; composition; restrictions
    (a) No person may act as a TPA or service company without a written agreement between the TPA or service company and the self-insurer....
  • N.C. Gen. Stat. § 58-47-165.   Books and records
    (a) Every TPA or service company shall maintain and make available to the self-insurer complete books and records of all transactions performed on behalf...
  • N.C. Gen. Stat. § 58-47-170.   Payments to TPA or service company
    If a self-insurer uses the services of a TPA, the payment to the TPA of any premiums or charges for insurance by or on...
  • N.C. Gen. Stat. § 58-47-175.   Approval of advertising
    A TPA or service company may use only the advertising pertaining to or affecting the business underwritten by a self-insurer that has been approved...
  • N.C. Gen. Stat. § 58-47-180.   Premium collection and payment of claims
    (a) The TPA or service company, at a minimum, shall: (1) Periodically render an accounting to the self-insurer detailing all transactions performed by the...
  • N.C. Gen. Stat. § 58-47-185.   Notices; disclosure
    (a) When the services of a TPA are used, the TPA shall provide a written notice approved by the self-insurer to covered members advising...
  • N.C. Gen. Stat. § 58-47-190.   Compensation
    A TPA or service company shall not enter into any agreement or understanding with a self-insurer that makes the amount of the TPA's or...
  • N.C. Gen. Stat. § 58-47-195.   Examinations
    TPAs and service companies may be examined under G.S. 58-2-131 through G.S. 58-2-134. (1997-362, s. 3; 1999-132, s. 11.8.)
  • N.C. Gen. Stat. § 58-47-200.   Unfair trade practices
    TPAs and service companies are subject to Article 63 of this Chapter. (1997-362, s. 3.)
  • N.C. Gen. Stat. § 58-47-205.   Other requirements
    (a) A TPA or service company, or any owner, officer, employee, or agent of a TPA or service company, or any other person affiliated...
  • N.C. Gen. Stat. § 58-47-210 through 58-47-220.   Repealed by Session Laws 2001-223, s. 21.3, effective January 1, 2002
  • N.C. Gen. Stat. § 58-47-210 through 58-47-220.   Repealed by Session Laws 2001-223, s. 21.3, effective January 1, 2002
  • N.C. Gen. Stat. § 58-47-210 through 58-47-220.   Repealed by Session Laws 2001-223, s. 21.3, effective January 1, 2002

Article 48 - Postassessment Insurance Guaranty Association.

  • N.C. Gen. Stat. § 58-48-1.   Short title
    This Article shall be known and may be cited as the "Insurance Guaranty Association Act." (1971, c. 670, s. 1.)
  • N.C. Gen. Stat. § 58-48-5.   Purpose of Article
    The purpose of this Article is to provide a mechanism for the payment of covered claims under certain insurance policies, to avoid excessive delay...
  • N.C. Gen. Stat. § 58-48-10.   Scope
    This Article shall apply to all kinds of direct insurance, but shall not be applicable to: (1) Life, annuity, accident and health or disability...
  • N.C. Gen. Stat. § 58-48-15.   Construction
    This Article shall be liberally construed to effect the purpose under G.S. 58-48-5 which shall constitute an aid and guide to interpretation. (1971, c....
  • N.C. Gen. Stat. § 58-48-20.   Definitions
    As used in this Article: (1) "Account" means any one of the three accounts created by G.S. 58-48-25. (1a) "Affiliate" means a person who...
  • N.C. Gen. Stat. § 58-48-25.   Creation of the Association
    There is created a nonprofit, unincorporated legal entity to be known as the North Carolina Insurance Guaranty Association. All insurers defined as member insurers...
  • N.C. Gen. Stat. § 58-48-30.   Board of directors
    (a) The board of directors of the Association shall consist of not less than five nor more than nine persons serving terms as established...
  • N.C. Gen. Stat. § 58-48-35.   Powers and duties of the Association
    (a) The Association shall: (1) Be obligated to the extent of the covered claims existing prior to the determination of insolvency and arising within...
  • N.C. Gen. Stat. § 58-48-40.   Plan of operation
    (a) The Association shall submit to the Commissioner a plan of operation and any amendment thereto necessary or suitable to assure the fair, reasonable,...
  • N.C. Gen. Stat. § 58-48-42.   Procedure for appeal to Commissioner from decision of Association
    In any hearing called by the Commissioner for an appeal made pursuant to G.S. 58-48-40(c)(7), no later than 20 days before the hearing the...
  • N.C. Gen. Stat. § 58-48-45.   Duties and powers of the Commissioner
    (a) The Commissioner shall: (1) Notify the Association of the existence of an insolvent insurer not later than three days after he receives notice...
  • N.C. Gen. Stat. § 58-48-50.   Effect of paid claims
    (a) Any person recovering under this Article shall be deemed to have assigned his rights under the policy or at law to the Association...
  • N.C. Gen. Stat. § 58-48-55.   Nonduplication of recovery
    (a) Any person having a right to a defense or a claim against an insurer under any provision in an insurance policy other than...
  • N.C. Gen. Stat. § 58-48-60.   Prevention of insolvencies
    (a) Repealed by Session Laws 1989, c. 206, s. 7. (b) To aid in the detection and prevention of insurer insolvencies, the board of...
  • N.C. Gen. Stat. § 58-48-65.   Examination of the Association
    The Association shall be subject to examination and regulation by the Commissioner. The board of directors shall submit, not later than March 30 of...
  • N.C. Gen. Stat. § 58-48-70.   Tax exemption
    The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions except taxes...
  • N.C. Gen. Stat. § 58-48-75.   Repealed by Session Laws 1991, c. 689, s. 299
  • N.C. Gen. Stat. § 58-48-80.   Immunity
    There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the...
  • N.C. Gen. Stat. § 58-48-85.   Stay of proceedings; reopening of default judgments
    All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court or before any administrative...
  • N.C. Gen. Stat. § 58-48-90.   Termination; distribution of funds
    (a) The Commissioner shall by order terminate the operation of the North Carolina Insurance Guaranty Association as to any kind of insurance covered by...
  • N.C. Gen. Stat. § 58-48-95.   Use of deposits made by insolvent insurer
    (a) Notwithstanding any other provision of this Chapter pertaining to the use of deposits made by insurance companies for the protection of policyholders, the...
  • N.C. Gen. Stat. § 58-48-100.   Statute of repose; guardians ad litem; notice
    (a) Notwithstanding any other provision of law, a covered claim with respect to which settlement is not effected with the Association, or suit is...
  • N.C. Gen. Stat. § 58-48-105.   Transfer of balance of security funds
    (a) All moneys received and paid into the Stock Workers' Compensation Security Fund under former G.S. 97-107, together with all property and securities acquired...
  • N.C. Gen. Stat. § 58-48-110.   Purpose of the accounts
    The purpose of the accounts created in the Association pursuant to G.S. 58-48-115 and G.S. 58-48-120 of this Article shall be solely to: (1)...
  • N.C. Gen. Stat. § 58-48-115.   Creation of Stock Fund Account; maintenance of Stock Fund Account; and distribution of Stock Fund
    (a) The moneys received by the Association pursuant to G.S. 58-48-105(a) shall be distributed as follows: (1) An amount equivalent to one and one-half...
  • N.C. Gen. Stat. § 58-48-120.   Creation of Mutual Fund Account; maintenance of Mutual Fund Account
    (a) The moneys received by the Association pursuant to G.S. 58-48-105(b) shall be deposited in a separate reserve account to be maintained by the...
  • N.C. Gen. Stat. § 58-48-125.   Payments by the Association
    The accounts created in G.S. 58-48-115 and G.S. 58-48-120 shall be used to pay the claims against insolvent stock workers' compensation insurers and insolvent...
  • N.C. Gen. Stat. § 58-48-130.   Termination
    The account created in G.S. 58-48-115 shall be dissolved when all liabilities of the Stock Workers' Compensation Security Fund, under former G.S. 97-107 have...

Article 49 - Determination of Jurisdiction Over Providers of Health Care Benefits; Regulation of Multiple Employer Welfare Arrangements.

  • N.C. Gen. Stat. § 58-49-1.   Purposes
    The purposes of this section and G.S. 58-49-5 through G.S. 58-49-25 are: To give the State jurisdiction over providers of health care benefits; to...
  • N.C. Gen. Stat. § 58-49-5.   Authority and jurisdiction of Commissioner
    Notwithstanding any other provision of law, and except as provided in this Article, any person that provides coverage in this State for medical, surgical,...
  • N.C. Gen. Stat. § 58-49-10.   How to show jurisdiction
    A person may show that it is subject to the exclusive jurisdiction of another agency or subdivision of this State or the federal government,...
  • N.C. Gen. Stat. § 58-49-12.   Exceptions to jurisdiction; health care sharing organizations
    A health care sharing organization shall not be subject to the jurisdiction of the Commissioner and shall not be considered to be engaging in...
  • N.C. Gen. Stat. § 58-49-15.   Examination
    Any person that is unable to show under G.S. 58-49-10 that it is subject to the exclusive jurisdiction of another agency or subdivision of...
  • N.C. Gen. Stat. § 58-49-20.   Subject to State laws
    Any person unable to show that it is subject to the exclusive jurisdiction of another agency or subdivision of this State or the federal...
  • N.C. Gen. Stat. § 58-49-25.   Disclosure
    (a) Any production agency or administrator that advertises, sells, transacts, or administers the coverage in this State described in G.S. 58-49-5 and that is...
  • N.C. Gen. Stat. § 58-49-30.   Multiple employer welfare arrangements; definition; administrators
    (a) As used in this section, the term "multiple employer welfare arrangement" or "MEWA" means that term as defined in Section 3 of the...
  • N.C. Gen. Stat. § 58-49-35.   Multiple employer welfare arrangements; license required; penalty
    (a) It is unlawful to operate, maintain, or establish a MEWA unless the MEWA has a valid license issued by the Commissioner. Any MEWA...
  • N.C. Gen. Stat. § 58-49-40.   Qualifications for licensure
    (a) To meet the requirements for issuance of a license and to maintain a MEWA, a MEWA must be: (1) Nonprofit; (2) Established by...
  • N.C. Gen. Stat. § 58-49-45.   Certain words prohibited in name of MEWA
    No licensed MEWA shall use in its name, contracts, literature, advertising in any medium, or any other printed matter the words "insurance", "casualty", "surety",...
  • N.C. Gen. Stat. § 58-49-50.   Filing of application
    An association sponsoring a MEWA shall file with the Commissioner an application for a license on a form prescribed by the Commissioner and signed...
  • N.C. Gen. Stat. § 58-49-55.   Examinations; deposits; solvency regulation
    (a) The provisions of Articles 2, 5, and 30 of this Chapter regarding examinations, deposits, and supervision and receivership respectively apply to MEWAs. The...
  • N.C. Gen. Stat. § 58-49-60.   Annual reports; actuarial certifications; quarterly reports
    (a) Every MEWA shall, within 150 days after the end of each of its fiscal years or within any such extension of time that...
  • N.C. Gen. Stat. § 58-49-65.   Denial, suspension, or revocation of license
    (a) The Commissioner shall deny, suspend, or revoke a MEWA's license if the Commissioner finds that the MEWA: (1) Is insolvent; (2) Is using...

Article 50 - General Accident and Health Insurance Regulations.

  • N.C. Gen. Stat. § 58-50-1.   Waiver by insurer
    The acknowledgment by any insurer of the receipt of notice given under any policy covered by Articles 49, 50 through 55, 65, or 67...
  • N.C. Gen. Stat. § 58-50-5.   Application
    (a) On and after January 1, 1956, each individual or family accident, health, hospitalization policy, certificate or service plan of hospitalization and medical and/or...
  • N.C. Gen. Stat. § 58-50-10.   Repealed by Session Laws 1993, c. 529, s. 4.1
  • N.C. Gen. Stat. § 58-50-15.   Conforming to statute
    (a) Other Policy Provisions. - No policy provision which is not subject to G.S. 58-51-15 shall make a policy, or any portion thereof, less...
  • N.C. Gen. Stat. § 58-50-20.   Age limit
    If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy...
  • N.C. Gen. Stat. § 58-50-25.   Nurses' services
    (a) No agency, institution or physician providing a service for which payment or reimbursement is required to be made under a policy governed by...
  • N.C. Gen. Stat. § 58-50-26.   Physician services provided by physician assistants
    No agency, institution, or physician providing a service for which payment or reimbursement is required to be made under a policy governed by Articles...
  • N.C. Gen. Stat. § 58-50-30.   Right to choose services of certain providers
    (a) Repealed by Session Laws 2001-297, s. 1, effective January 1, 2001. (a1) Whenever any health benefit plan, subscriber contract, or policy of insurance...
  • N.C. Gen. Stat. § 58-50-35.   Notice of nonpayment of premium required before forfeiture
    No insurance company doing business in this State and issuing health and/or accident insurance policies, other than contracts of group insurance or disability and/or...
  • N.C. Gen. Stat. § 58-50-40.   Willful failure to pay group insurance premiums; willful termination of a group health plan; notice to persons insured; penalty; restitution; examination of insurance transactions
    (a) As used in this section and in G.S. 58-50-45: (1) "Group health insurance" means any policy described in G.S. 58-51-75, 58-51-80, or 58-51-90;...
  • N.C. Gen. Stat. § 58-50-45.   Group health or life insurers to notify insurance fiduciaries of obligations
    (a) Upon the issuance or renewal of any policy, contract, certificate, or evidence of coverage of group health or life insurance, the insurer, corporation,...
  • N.C. Gen. Stat. § 58-50-46.   Recodified as G.S. 108A-55.4 by Session Laws 2006-221, s. 9(a), effective January 1, 2007
  • N.C. Gen. Stat. § 58-50-50.   Repealed by Session Laws, 1997-519, s. 3.17
  • N.C. Gen. Stat. § 58-50-55.   Repealed by Session Laws 1997-519, s. 3.17
  • N.C. Gen. Stat. § 58-50-56.   Insurers, preferred provider organizations, and preferred provider benefit plans
    (a) Definitions. - As used in this section: (1) "Insurer" means an insurer or service corporation subject to this Chapter. (2) "Preferred provider" means...
  • N.C. Gen. Stat. § 58-50-57.   Offsets against provider reimbursement for workers' compensation payments forbidden
    (a) An insurer that provides a health benefit plan as defined in G.S. 58-3-167 shall not offset or reverse a health plan payment against...
  • N.C. Gen. Stat. § 58-50-58.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-59.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-60.   Repealed by Session Laws 1997-519, s. 4.4
  • N.C. Gen. Stat. § 58-50-61.   Utilization review
    (a) Definitions. - As used in this section, in G.S. 58-50-62, and in Part 4 of this Article, the term: (1) "Certificate of coverage"...
  • N.C. Gen. Stat. § 58-50-62.   Insurer grievance procedures
    (a) Purpose and Intent. - The purpose of this section is to provide standards for the establishment and maintenance of procedures by insurers to...
  • N.C. Gen. Stat. § 58-50-63.   Expired pursuant to Session Laws 2005-453, s. 3, effective July 1, 2005
  • N.C. Gen. Stat. § 58-50-64.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-65.   Certain policies of insurance not affected
    (a) Nothing in Articles 50 through 55 of this Chapter applies to or affects any policy of liability or workers' compensation insurance, except that...
  • N.C. Gen. Stat. § 58-50-70.   Punishment for violation
    Any company, association, society, or other insurer or any officer or agent thereof, which or who issues or delivers to any person in this...
  • N.C. Gen. Stat. § 58-50-75.   Purpose, scope, and definitions
    (a) The purpose of this Part is to provide standards for the establishment and maintenance of external review procedures to assure that covered persons...
  • N.C. Gen. Stat. § 58-50-76.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-77.   Notice of right to external review
    (a) An insurer shall notify the covered person in writing of the covered person's right to request an external review and include the appropriate...
  • N.C. Gen. Stat. § 58-50-78.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-79.   Exhaustion of internal grievance process
    (a) Except as provided in G.S. 58-50-82, a request for an external review under G.S. 58-50-80 or G.S. 58-50-82 shall not be made until...
  • N.C. Gen. Stat. § 58-50-80.   Standard external review
    (a) Within 120 days after the date of receipt of a notice under G.S. 58-50-77, a covered person may file a request for an...
  • N.C. Gen. Stat. § 58-50-81.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-82.   Expedited external review
    (a) Except as provided in subsection (g) of this section, a covered person may file a request for an expedited external review with the...
  • N.C. Gen. Stat. § 58-50-83.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-84.   Binding nature of external review decision
    (a) An external review decision is binding on the insurer. (b) An external review decision is binding on the covered person except to the...
  • N.C. Gen. Stat. § 58-50-85.   Approval of independent review organizations
    (a) The Commissioner shall approve independent review organizations eligible to be assigned to conduct external reviews under this Part to ensure that an organization...
  • N.C. Gen. Stat. § 58-50-86.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-87.   Minimum qualifications for independent review organizations
    (a) As a condition of approval under G.S. 58-50-85 to conduct external reviews, an independent review organization shall have and maintain written policies and...
  • N.C. Gen. Stat. § 58-50-88.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-89.   Hold harmless for Commissioner, medical professionals, and independent review organizations
    Neither the Commissioner, a medical professional rendering advice to the Commissioner under G.S. 58-50-82(b)(2), an independent review organization, nor a clinical peer reviewer working...
  • N.C. Gen. Stat. § 58-50-90.   External review reporting requirements
    (a) An organization assigned under G.S. 58-50-80 or G.S. 58-50-82 to conduct an external review shall maintain written records in the aggregate and by...
  • N.C. Gen. Stat. § 58-50-91.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-92.   Funding of external review
    The insurer against which a request for a standard external review or an expedited external review is filed shall reimburse the Department of Insurance...
  • N.C. Gen. Stat. § 58-50-93.   Disclosure requirements
    (a) Each insurer shall include a description of the external review procedures in or attached to the policy, certificate, membership booklet, outline of coverage,...
  • N.C. Gen. Stat. § 58-50-94.   Selection of independent review organizations
    (a) At least every two years, or more frequently if the Commissioner determines is needed to secure adequate selection of independent review organizations, the...
  • N.C. Gen. Stat. § 58-50-95.   Report by Commissioner
    The Commissioner shall report annually to the Joint Legislative Oversight Committee on Health and Human Services regarding the nature and appropriateness of reviews conducted...
  • N.C. Gen. Stat. § 58-50-100.   Title and reference
    This section and G.S. 58-50-105 through G.S. 58-50-156 are known and may be cited as the North Carolina Small Employer Group Health Coverage Reform...
  • N.C. Gen. Stat. § 58-50-105.   Purpose and intent
    The purpose and intent of this Act is to promote the availability of accident and health insurance coverage to small employers, to prevent abusive...
  • N.C. Gen. Stat. § 58-50-110.   Definitions
    As used in this Act: (1) Repealed by Session Laws 2001-334, s. 12.1, effective August 3, 2001. (1a) "Actuarial certification" means a written statement...
  • N.C. Gen. Stat. § 58-50-112.   Affiliated companies; HMOs
    For the purposes of this Act, companies that are affiliated companies or that are eligible to file a consolidated tax return shall be treated...
  • N.C. Gen. Stat. § 58-50-113.   Repealed by Session Laws 1993, c. 529, s. 3.4
  • N.C. Gen. Stat. § 58-50-115.   Health benefit plans subject to Act
    (a) A health benefit plan is subject to this Act if it provides health benefits for small employers and if any of the following...
  • N.C. Gen. Stat. § 58-50-120.   Repealed by Session Laws 2006-154, s. 9, effective July 23, 2006
  • N.C. Gen. Stat. § 58-50-125.   Health care plans; formation; approval; offerings
    (a) (Repealed effective January 1, 2015 - see note) To improve the availability and affordability of health benefits coverage for small employers, the Committee...
  • N.C. Gen. Stat. § 58-50-126, 58-50-127.   Repealed by Session Laws 2013-357, s. 2(a), effective January 1, 2014
  • N.C. Gen. Stat. § 58-50-126, 58-50-127.   Repealed by Session Laws 2013-357, s. 2(a), effective January 1, 2014
  • N.C. Gen. Stat. § 58-50-130.   Required health care plan provisions
    (a) Health benefit plans covering small employers are subject to the following provisions: (1) to (4) Repealed by Session Laws 1997-259, s. 5, effective...
  • N.C. Gen. Stat. § 58-50-131.   Premium rates for health benefit plans; approval authority; hearing
    (a) No schedule of premium rates for coverage for a health benefit plan subject to this act, or any amendment to the schedule, shall...
  • N.C. Gen. Stat. § 58-50-135.   Repealed by Session Laws 2013-357, s. 2(a), effective January 1, 2014
  • N.C. Gen. Stat. § 58-50-140.   Repealed by Session Laws 2006-154, s. 9, effective July 23, 2006
  • N.C. Gen. Stat. § 58-50-145.   Repealed by Session Laws 2006-154, s. 9, effective July 23, 2006
  • N.C. Gen. Stat. § 58-50-149.   Limit on cessions to the Reinsurance Pool
    In addition to any individual or group previously reinsured in accordance with G.S. 58-50-150(g)(1), the Pool shall only reinsure a health benefit plan issued...
  • N.C. Gen. Stat. § 58-50-150.   North Carolina Small Employer Health Reinsurance Pool
    (a) There is created a nonprofit entity to be known as the North Carolina Small Employer Health Reinsurance Pool. All carriers issuing or providing...
  • N.C. Gen. Stat. § 58-50-151.   (Recodified as 58-51-116 effective July 1, 2002) ERISA plans may not require Medicaid to pay first
    An employee benefit plan as defined in ERISA shall not include any provision which, because an individual is provided or is eligible for benefits...
  • N.C. Gen. Stat. § 58-50-155, 58-50-156.   Repealed by Session Laws 2013-357, s. 2(a), effective January 1, 2014
  • N.C. Gen. Stat. § 58-50-155, 58-50-156.   Repealed by Session Laws 2013-357, s. 2(a), effective January 1, 2014
  • N.C. Gen. Stat. § 58-50-175.   (Repealed effective January 1, 2017 - see note) Definitions
  • N.C. Gen. Stat. § 58-50-180.   (Repealed effective January 1, 2017 - see note) Risk Pool established; board of directors; plan of operation
  • N.C. Gen. Stat. § 58-50-185.   (Repealed effective January 1, 2017 - see note) Administrator
  • N.C. Gen. Stat. § 58-50-190.   (Repealed effective January 1, 2017 - see note) Risk Pool rates and policy forms
  • N.C. Gen. Stat. § 58-50-195.   (Repealed effective January 1, 2017 - see note) Eligibility for Pool coverage
  • N.C. Gen. Stat. § 58-50-200.   (Repealed effective January 1, 2017 - see note) Unfair referral to Pool
  • N.C. Gen. Stat. § 58-50-205.   (Repealed effective January 1, 2017 - note) Minimum Pool benefits
  • N.C. Gen. Stat. § 58-50-210.   (Repealed effective January 1, 2017 - see note) Preexisting conditions
  • N.C. Gen. Stat. § 58-50-215.   (Repealed effective January 1, 2017 - see note) Nonduplication of benefits
  • N.C. Gen. Stat. § 58-50-220.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-225.   (Repealed effective January 1, 2017 - see note) North Carolina Health Insurance Risk Pool Fund
  • N.C. Gen. Stat. § 58-50-230.   (Repealed effective January 1, 2017 - see note) Complaint procedures
  • N.C. Gen. Stat. § 58-50-235.   (Repealed effective January 1, 2017 - see note) Audit
  • N.C. Gen. Stat. § 58-50-240.   (Repealed effective January 1, 2017 - see note) Taxation
  • N.C. Gen. Stat. § 58-50-245.   (Repealed effective January 1, 2017 - see note) Rules
  • N.C. Gen. Stat. § 58-50-250.   (Repealed effective January 1, 2017 - see note) Collective action
  • N.C. Gen. Stat. § 58-50-255.   (Repealed effective January 1, 2017 - see note) Pool financing; Board reporting
  • N.C. Gen. Stat. § 58-50-260.   (Repealed effective January 1, 2017 - see note) Dissolution of Pool
  • N.C. Gen. Stat. § 58-50-261.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-262.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-263.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-264.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-265.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-50-270.   Definitions
    Unless the context clearly requires otherwise, the following definitions apply in this Part. (1) "Amendment" - Any change to the terms of a contract,...
  • N.C. Gen. Stat. § 58-50-275.   Notice contact provisions
    (a) All contracts shall contain a "notice contact" provision listing the name or title and address of the person to whom all correspondence, including...
  • N.C. Gen. Stat. § 58-50-280.   Contract amendments
    (a) A health benefit plan or insurer shall send any proposed contract amendment to the notice contact of a health care provider pursuant to...
  • N.C. Gen. Stat. § 58-50-285.   Policies and procedures
    (a) A health benefit plan or insurer shall provide a copy of its policies and procedures to a health care provider prior to execution...
  • N.C. Gen. Stat. § 58-50-290.   Health benefit plans or insurers contracting for provision of dental services; no limitation on fees for noncovered services
    (a) No agreement between an insurer or an entity that writes stand-alone dental insurance and a dentist for the provision of dental services on...
  • N.C. Gen. Stat. § 58-50-295.   Prohibited contract provisions related to reimbursement rates
    No contract with a health care provider shall do any of the following: (1) Prohibit, or grant a health insurance carrier an option to...

Article 51 - Nature of Policies.

  • N.C. Gen. Stat. § 58-51-1.   Form, classification and rates to be approved by Commissioner
    No policy of insurance against loss or damage from the sickness or the bodily injury or death of the insured by accident shall be...
  • N.C. Gen. Stat. § 58-51-5.   Form of policy
    (a) No policy of accident and health insurance shall be delivered or issued for delivery to any person in this State unless: (1) The...
  • N.C. Gen. Stat. § 58-51-10.   Right to return policy and have premium refunded
    Every individual or family hospitalization policy, certificate, contract or plan issued for delivery in the State of North Carolina on and after July 1,...
  • N.C. Gen. Stat. § 58-51-15.   Accident and health policy provisions
    (a) Required Provisions. - Except as provided in subsection (c) of this section each such policy delivered or issued for delivery to any person...
  • N.C. Gen. Stat. § 58-51-16.   Intoxicants and narcotics
    (a) Except for the payment of benefits for the necessary care and treatment of chemical dependency as provided by law, an accident and health...
  • N.C. Gen. Stat. § 58-51-17.   Portability for accident and health insurance
    (a) Rules Relating to Crediting Previous Coverage. (1) Creditable coverage defined. - For the purposes of this section, "creditable coverage" means, with respect to...
  • N.C. Gen. Stat. § 58-51-20.   Renewability of individual and blanket hospitalization and accident and health insurance policies
    (a) Every individual or blanket family hospitalization policy and accident and health policy, other than noncancelable or nonrenewable policies but including group, blanket and...
  • N.C. Gen. Stat. § 58-51-25.   Policy coverage to continue as to mentally retarded or physically handicapped children; coverage of dependent students on medically necessary leave of absence
    (a) An individual or group accident and health insurance policy, hospital service plan policy, or medical service plan policy that provides that coverage of...
  • N.C. Gen. Stat. § 58-51-30.   Policies to cover newborn infants, foster children, and adopted children
    (a) As used in this section: (1) "Foster child" means a minor (i) over whom a guardian has been appointed by the clerk of...
  • N.C. Gen. Stat. § 58-51-35.   Insurers and others to afford coverage to mentally retarded and physically handicapped children
    (a) No insurance company licensed in this State pursuant to the provisions of Articles 1 through 64 of this Chapter and no corporation governed...
  • N.C. Gen. Stat. § 58-51-37.   Pharmacy of choice
    (a) This section shall apply to all health benefit plans providing pharmaceutical services benefits, including prescription drugs, to any resident of North Carolina. This...
  • N.C. Gen. Stat. § 58-51-38.   Direct access to obstetrician-gynecologists
    (a) Each health benefit plan shall allow each female plan participant or beneficiary age 13 or older direct access within the health benefit plan,...
  • N.C. Gen. Stat. § 58-51-40.   Insurers and others to afford coverage for active medical treatment in tax-supported institutions
    (a) Whenever any policy of insurance governed by Articles 1 through 64 of this Chapter provides for benefits for charges of hospitals or physicians,...
  • N.C. Gen. Stat. § 58-51-45.   Policies to be issued to any person possessing the sickle cell trait or hemoglobin C trait
    No insurance company licensed in this State pursuant to the provisions of Articles 1 through 64 of this Chapter shall refuse to issue or...
  • N.C. Gen. Stat. § 58-51-50.   Coverage for chemical dependency treatment
    (a) As used in this section, the term "chemical dependency" means the pathological use or abuse of alcohol or other drugs in a manner...
  • N.C. Gen. Stat. § 58-51-55.   No discrimination against mentally ill or chemically dependent individuals
    (a) Definitions. - As used in this section, the term: (1) "Mental illness" has the same meaning as defined in G.S. 122C-3(21), with a...
  • N.C. Gen. Stat. § 58-51-57.   Coverage for mammograms and cervical cancer screening
    (a) Every policy or contract of accident or health insurance, and every preferred provider benefit plan under G.S. 58-50-56, that is issued, renewed, or...
  • N.C. Gen. Stat. § 58-51-58.   Coverage for prostate-specific antigen (PSA) tests
    (a) Every policy or contract of accident and health insurance, and every preferred provider benefit plan under G.S. 58-50-56, that is issued, renewed, or...
  • N.C. Gen. Stat. § 58-51-59.   Coverage of certain prescribed drugs for cancer treatment
    (a) No policy or contract of accident or health insurance, and no preferred provider benefit plan under G.S. 58-50-56, that is issued, renewed, or...
  • N.C. Gen. Stat. § 58-51-60.   Meaning of term "preexisting conditions" in certain policies
    At the time of issuing any new policy of individual or family hospitalization insurance or individual accident and health insurance to insureds over age...
  • N.C. Gen. Stat. § 58-51-61.   Coverage for certain treatment for diabetes
    (a) Every policy or contract of accident or health insurance, and every preferred provider benefit plan under G.S. 58-50-56, that is issued, renewed, or...
  • N.C. Gen. Stat. § 58-51-62.   Coverage for reconstructive breast surgery following mastectomy
    (a) Every policy or contract of accident and health insurance, and every preferred provider benefit plan under G.S. 58-50-56 that provides coverage for mastectomy...
  • N.C. Gen. Stat. § 58-51-63.   Coverage for abortions not allowed in plans offered through Exchange
    (a) Pursuant to the authority granted to states under 42 U.S.C. 18023(a), no qualified health plan offered through an Exchange created under Subchapter III...
  • N.C. Gen. Stat. § 58-51-65.   Industrial sick benefit insurance defined
    Industrial sick benefit insurance is hereby defined as that form of insurance for which premiums are payable weekly and which provides for the payment...
  • N.C. Gen. Stat. § 58-51-70.   Industrial sick benefit insurance; provisions
    Policies issued under the industrial sick benefit plan shall contain the substance of provisions contained in G.S. 58-51-15 and in addition shall contain the...
  • N.C. Gen. Stat. § 58-51-75.   Blanket accident and health insurance defined
    (a) Any policy or contract of insurance against death or injury resulting from accident or from accidental means which insures a group of persons...
  • N.C. Gen. Stat. § 58-51-80.   Group accident and health insurance defined
    (a) Any policy or contract of insurance against death or injury resulting from accident or from accidental means which covers more than one person...
  • N.C. Gen. Stat. § 58-51-81.   Group accident and health insurance for public school students
    (a) Notwithstanding G.S. 58-51-80, a policy of group accident, health, or accident and health insurance may be delivered or issued to a local board...
  • N.C. Gen. Stat. § 58-51-85.   Group or blanket accident and health insurance; approval of forms and filing of rates
    No policy of group or blanket accident, health or accident and health insurance shall be delivered or issued for delivery in this State unless...
  • N.C. Gen. Stat. § 58-51-90.   Definition of franchise accident and health insurance
    Accident and health insurance on a franchise plan is hereby declared to be that form of accident and health insurance issued to five or...
  • N.C. Gen. Stat. § 58-51-95.   Approval by Commissioner of forms, classification and rates; hearing; exceptions
    (a) No policy of insurance against loss or expense from the sickness, or from the bodily injury or death by accident of the insured...
  • N.C. Gen. Stat. § 58-51-100.   Credit accident and health insurance
    Credit accident and health insurance is declared to be insurance against death or personal injury by accident or by any specified kind or kinds...
  • N.C. Gen. Stat. § 58-51-105.   Hospitalization insurance defined
    Hospitalization insurance is declared to be any form of accident and health insurance which provides indemnity or payment for expenses incurred due to or...
  • N.C. Gen. Stat. § 58-51-110.   Renewal, discontinuance, or replacement of group health insurance
    (a) This section applies to group accident, group health, or group accident and health policies or certificates that are delivered, issued for delivery, renewed,...
  • N.C. Gen. Stat. § 58-51-115.   Coordination of benefits with Medicaid
    (a) As used in this section and in G.S. 58-51-120 and G.S. 58-51-125: (1) "Health benefit plan" means any accident and health insurance policy...
  • N.C. Gen. Stat. § 58-51-116.   ERISA plans may not require Medicaid to pay first
    An employee benefit plan as defined in ERISA shall not include any provision which, because an individual is provided or is eligible for benefits...
  • N.C. Gen. Stat. § 58-51-120.   Coverage of children
    (a) No health insurer shall deny enrollment of a child under the health benefit plan of the child's parent on any of the following...
  • N.C. Gen. Stat. § 58-51-125.   Adopted child coverage
    (a) Definitions. - As used in this section: (1) "Child" means, in connection with any adoption or placement for adoption of the child, an...
  • N.C. Gen. Stat. § 58-51-130.   Standards for disability income insurance policies
    (a) Definitions. - As used in this section: (1) "Disability income insurance policy" or "policy" means a policy of accident and health insurance that...

Article 52 - Joint Action to Insure Elderly.

  • N.C. Gen. Stat. § 58-52-1.   Definitions
    Wherever used in this Article, the following terms shall have the respective meanings hereinafter set forth or indicated, unless the context otherwise requires: (1)...
  • N.C. Gen. Stat. § 58-52-5.   Joint action to insure persons 65 years of age or over and their spouses permitted; associations of insurers; individual and group policies
    Notwithstanding any other provisions of Articles 1 through 64 of this Chapter or any other law which may be inconsistent herewith, any insurer may...
  • N.C. Gen. Stat. § 58-52-10.   Regional plans authorized
    If "over 65" accident and health insurance plans exist or hereafter come into existence in other states pursuant to legislative authority similar to that...
  • N.C. Gen. Stat. § 58-52-15.   Forms and rate manuals subject to 58-51-1; disapproval of rates
    The forms of the policies, applications, certificates or other evidence of insurance coverage and the rate manual showing rates, rules and classification of risks...
  • N.C. Gen. Stat. § 58-52-20.   Organization of associations of insurers; powers; annual statements; mutual insurers may participate
    An association formed for the purposes of this Article shall adopt articles of association for the organization, administration and regulation of its affairs, which...
  • N.C. Gen. Stat. § 58-52-25.   No additional licensing required
    Accident and health insurance authorized by this Article and offered by or through an association formed for the purpose of this Article may be...

Article 53 - Group Health Insurance Continuation and Conversion Privileges.

  • N.C. Gen. Stat. § 58-53-1.   Definitions
    As used in this Article, the following terms have the meanings specified: (1) "Group policy" means a group accident and health insurance policy issued...
  • N.C. Gen. Stat. § 58-53-5.   Continuation of group hospital, surgical, and major medical coverage after termination of employment or membership
    A group policy delivered or issued for delivery in this State that insures employees or members for hospital, surgical or major medical insurance on...
  • N.C. Gen. Stat. § 58-53-10.   Eligibility
    Continuation shall only be available to an employee or member who has been continuously insured under the group policy, or for similar benefits under...
  • N.C. Gen. Stat. § 58-53-15.   Exception
    Continuation shall not be available for any person who is or could be covered by any other arrangement of hospital, surgical, or medical coverage...
  • N.C. Gen. Stat. § 58-53-20.   Benefits not included
    Continuation is not required to include dental, vision care, or prescription drug benefits, or any other benefits provided under the group policy in addition...
  • N.C. Gen. Stat. § 58-53-25.   Notification to employee
    In addition to the notification requirement set forth in G.S. 58-53-40, notification may be included on insurance identification cards or may be given by...
  • N.C. Gen. Stat. § 58-53-30.   Payment of premiums
    An employee or member electing continuation must pay to the group policyholder or his employer, in advance, the amount of contribution required by the...
  • N.C. Gen. Stat. § 58-53-35.   Termination of continuation
    (a) Continuation of insurance under the group policy for any person shall terminate on the earliest of the following dates: (1) The date 18...
  • N.C. Gen. Stat. § 58-53-40.   Notification
    A notification of the continuation privilege shall be included in each individual certification of coverage. (1981, c. 706, s. 1.)
  • N.C. Gen. Stat. § 58-53-41.   Extension of election period and effect on coverage
    (a) Definitions. - As used in this section, the following terms have the meanings specified: (1) "Act" means the federal American Recovery and Reinvestment...
  • N.C. Gen. Stat. § 58-53-45.   Right to obtain individual policy upon termination of group hospital, surgical or major medical coverage
    A group policy delivered or issued for delivery in this State that insures employees or members for hospital, surgical, or medical insurance on an...
  • N.C. Gen. Stat. § 58-53-50.   Restrictions
    A converted policy shall not be available to an employee or member if termination of his insurance under the group policy occurred because: (1)...
  • N.C. Gen. Stat. § 58-53-55.   Time limit
    In order to be eligible for conversion, written application and the first premium payment for the converted policy must be made to the insurer...
  • N.C. Gen. Stat. § 58-53-60.   Premium
    (a) The premium for the converted policy or group conversion trust certificate shall be determined in accordance with the insurer's table of premium rates...
  • N.C. Gen. Stat. § 58-53-65.   Coverage
    The converted policy shall cover the employee or member and his eligible dependents who were covered by the group policy on the date of...
  • N.C. Gen. Stat. § 58-53-70.   Exclusions
    An insurer shall not be required to issue a converted policy covering any person if such person is or can be covered by Medicare....
  • N.C. Gen. Stat. § 58-53-75.   Information
    A converted policy may provide that an insurer may at any time request information of an insured policyholder with respect to any person covered...
  • N.C. Gen. Stat. § 58-53-80.   Excess benefits
    An insurer shall not be required to issue a converted policy providing benefits in excess of the equivalent value of hospital, surgical, or major...
  • N.C. Gen. Stat. § 58-53-85.   Preexisting conditions
    The converted policy shall not exclude, as a preexisting condition, any condition covered by the group policy. However, the converted policy may provide for...
  • N.C. Gen. Stat. § 58-53-90.   Basic coverage plans
    (a) Subject to the provisions of this Article, if the group insurance policy from which conversion is made insures the employee or member for...
  • N.C. Gen. Stat. § 58-53-95.   Major medical plans
    Subject to the provisions of this Article, if the group policy from which conversion is made insures the employee or member for major medical...
  • N.C. Gen. Stat. § 58-53-100.   Alternative plans
    At the option of the insurer, such plans of benefits set forth in G.S. 58-53-90 and 58-53-95 may be provided under one policy. Instead...
  • N.C. Gen. Stat. § 58-53-105.   Insurer option
    The insurer may, at its option, offer alternative plans for group health conversion in addition to those required by this Part. Furthermore, if any...
  • N.C. Gen. Stat. § 58-53-110.   Other conversion provisions
    (a) If coverage would in any event have been continued under the group policy on an employee following his retirement prior to the time...
  • N.C. Gen. Stat. § 58-53-115.   Article inapplicable to certain plans
    The provisions of this article shall not apply to hospital, surgical or major medical plans offered by employers on a self-insured basis. (1981, c....

Article 54 - Medicare Supplement Insurance Minimum Standards.

  • N.C. Gen. Stat. § 58-54-1.   Definitions
    Unless the context clearly indicates otherwise, the following words, as used in this Article, have the following meanings: (1) "Applicant" means (i) in the...
  • N.C. Gen. Stat. § 58-54-5.   Applicability and scope
    (a) Except as otherwise specifically provided, this Article applies to: (1) All policies delivered or issued for delivery in this State on or after...
  • N.C. Gen. Stat. § 58-54-10.   Standards for policy provisions
    (a) No policy in force in this State shall contain benefits that duplicate benefits provided by Medicare. (b) The Commissioner shall adopt rules to...
  • N.C. Gen. Stat. § 58-54-15.   Minimum standards for benefits, marketing practices, compensation arrangements, reporting practices, and claims payments
    The Commissioner shall adopt rules to establish minimum standards for benefits, marketing practices, compensation arrangements, reporting practices, and claims payments under policies. (1989, c....
  • N.C. Gen. Stat. § 58-54-20.   Loss ratio standards and filing requirements
    (a) Every insurer providing group Medicare supplement insurance benefits to a resident of this State pursuant to G.S. 58-54-5 shall file a copy of...
  • N.C. Gen. Stat. § 58-54-25.   Disclosure standards
    (a) In order to provide for full and fair disclosure in the sale of policies, no policy or certificate shall be delivered in this...
  • N.C. Gen. Stat. § 58-54-30.   Notice of free examination
    Policies or certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereon stating in substance...
  • N.C. Gen. Stat. § 58-54-35.   Filing requirements for advertising
    Every insurer providing Medicare supplement insurance or benefits in this State shall provide a copy of any Medicare supplement advertisement intended for use in...
  • N.C. Gen. Stat. § 58-54-40.   Penalties
    In addition to any other applicable penalties for violations of Articles 1 through 64 or 65 and 66 or 67 of this Chapter, the...
  • N.C. Gen. Stat. § 58-54-45.   By reason of disability
    (a) In addition to any rule adopted under this Article that is directly or indirectly related to open enrollment, an insurer shall at least...
  • N.C. Gen. Stat. § 58-54-50.   Rules for compliance with federal law and regulations
    The Commissioner may adopt temporary rules necessary to conform Medicare supplement policies and certificates to the requirements of federal law and regulations, including: (1)...

Article 55 - LongTerm Care Insurance.

  • N.C. Gen. Stat. § 58-55-1.   Short title
    This Article may be cited as the "Long-Term Care Insurance Act". (1987, c. 331.)
  • N.C. Gen. Stat. § 58-55-5.   Dual options
    (a) No policy that conditions the eligibility of benefits on prior hospitalization may be delivered or issued for delivery in this State unless the...
  • N.C. Gen. Stat. § 58-55-10.   Purposes
    The purposes of this Article are to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for...
  • N.C. Gen. Stat. § 58-55-15.   Scope
    This Article applies to long-term care insurance policies in this State. This Article does not supersede the obligations of any person subject to its...
  • N.C. Gen. Stat. § 58-55-20.   Definitions
    As used in this Article: (1) "Applicant" means: a. In the case of an individual long-term care insurance policy, the person who seeks to...
  • N.C. Gen. Stat. § 58-55-25.   Limits of group long-term care insurance
    No group long-term care insurance coverage may be offered to a resident of this State under a group policy issued in another state to...
  • N.C. Gen. Stat. § 58-55-30.   Disclosure and performance standards for long-term care insurance
    (a) The Commissioner may adopt rules that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the...
  • N.C. Gen. Stat. § 58-55-31.   Additional requirements
    (a) No policy shall be used in this State unless it provides for an offer of nonforfeiture, which shall not be less than an...
  • N.C. Gen. Stat. § 58-55-35.   Facilities, services, and conditions defined
    (a) Whenever long-term care insurance provides coverage for the facilities, services, or physical or mental conditions listed below, unless otherwise defined in the policy...
  • N.C. Gen. Stat. § 58-55-50.   Rules for compliance with federal law and regulations
    The Commissioner may adopt temporary rules necessary to conform long-term care policies and certificates to the requirements of federal law and regulations, including any...
  • N.C. Gen. Stat. § 58-55-55.   Definitions
    The following definitions apply in this section: (1) Asset. - Resources and income. (2) Department. - The Department of Health and Human Services. (3)...
  • N.C. Gen. Stat. § 58-55-60.   Qualified long-term care partnership policy
    A qualified long-term care partnership policy is a long-term care insurance policy or a certificate issued under a group long-term care insurance policy that...
  • N.C. Gen. Stat. § 58-55-65.   Compliance with federal regulations
    (a) The Commissioner may adopt rules to conform long-term care policies and certificates to the requirements of federal law and regulations, including any changes...
  • N.C. Gen. Stat. § 58-55-70.   Disclosure notices
    (a) Prior to making a change requested by the policyholder to a qualified long-term care partnership policy that would result in the loss to...
  • N.C. Gen. Stat. § 58-55-75.   Exchange of long-term care policies for long-term care partnership policies
    An insurer shall offer, on a onetime basis, in writing, to all existing policyholders that were issued a long-term care policy on or after...
  • N.C. Gen. Stat. § 58-55-80.   Information sharing
    (a) In order to assist in the performance of the Commissioner's duties under the long-term care partnership program specified in the federal Deficit Reduction...

Article 56 - Third Party Administrators.

  • N.C. Gen. Stat. § 58-56-1.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-2.   Definitions
    The following definitions apply in this Article: (1) Affiliate. Any person who, directly or indirectly, through one or more intermediaries, controls, is controlled by,...
  • N.C. Gen. Stat. § 58-56-5.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-56-6.   Written agreement necessary
    (a) No TPA may act as a TPA without a written agreement between the TPA and the insurer. The written agreement shall be retained...
  • N.C. Gen. Stat. § 58-56-10.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-11.   Payment to TPA
    If an insurer uses the services of a TPA, the payment to the TPA of any premiums or charges for insurance by or on...
  • N.C. Gen. Stat. § 58-56-15.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-16.   Records to be kept
    (a) Every TPA shall maintain and make available to the insurer complete books and records of all transactions performed on behalf of the insurer....
  • N.C. Gen. Stat. § 58-56-20.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-21.   Approval of advertising
    A TPA may use only the advertising pertaining to the business underwritten by an insurer that has been approved in writing by the insurer...
  • N.C. Gen. Stat. § 58-56-25.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-26.   Responsibilities of the insurer
    (a) If an insurer uses the services of a TPA, the insurer is responsible for determining the benefits, premium rates, underwriting criteria, and claims...
  • N.C. Gen. Stat. § 58-56-30.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-31.   Premium collection and payment of claims
    (a) All insurance charges or premiums collected by a TPA on behalf of or for an insurer, and the return of premiums received from...
  • N.C. Gen. Stat. § 58-56-35.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-36.   Compensation to the TPA
    A TPA shall not enter into any agreement or understanding with an insurer that makes the amount of the TPA's commissions, fees, or charges...
  • N.C. Gen. Stat. § 58-56-40.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-41.   Notice to covered individuals; disclosure of charges and fees
    (a) When the services of a TPA are used, the TPA shall provide a written notice approved by the insurer to covered individuals advising...
  • N.C. Gen. Stat. § 58-56-45.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-46.   Delivery of materials to covered individuals
    Any policies, certificates, booklets, termination notices, and other written communications delivered by the insurer to the TPA for delivery to insured parties or covered...
  • N.C. Gen. Stat. § 58-56-50.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-51.   License required
    (a) No person shall act as, offer to act as, or hold himself or herself out as a TPA in this State without a...
  • N.C. Gen. Stat. § 58-56-52.   Prohibitions
    (a) No insurance company shall act as a third party administrator with respect to residents of this State, or residents of another state from...
  • N.C. Gen. Stat. § 58-56-55.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-56.   Waiver of application for license
    Upon request from a TPA, the Commissioner may waive the application requirements of G.S. 58-56-51(b) if the TPA has a valid license as a...
  • N.C. Gen. Stat. § 58-56-60.   Repealed by Session Laws 1991, c. 627, s. 2
  • N.C. Gen. Stat. § 58-56-61.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-56-65.   Committee on Third Party Administrators
    The Commissioner is authorized to appoint a Committee on Third Party Administrators in conformance with the provisions of G.S. 58-2-30. (1987, c. 676.)
  • N.C. Gen. Stat. § 58-56-66.   Grounds for suspension or revocation of license
    (a) The Commissioner shall, after notice and opportunity for hearing, suspend or revoke the license of a TPA if the Commissioner finds that either...

Article 57 - Regulation of Credit Insurance.

  • N.C. Gen. Stat. § 58-57-1.   Application of Article
    All credit life insurance, all credit accident and health insurance, all credit property insurance, all credit insurance on credit card balances, all family leave...
  • N.C. Gen. Stat. § 58-57-5.   Definitions
    As used in this Article, unless the context requires otherwise, the following words or terms shall have the meanings herein ascribed to them, respectively:...
  • N.C. Gen. Stat. § 58-57-10.   Forms of insurance which are authorized
    Credit life insurance and credit accident and health insurance shall be issued only in the following forms: (1) Individual policies of life insurance issued...
  • N.C. Gen. Stat. § 58-57-15.   Amount
    (a) Credit Life Insurance. - (1) The amount of credit life insurance shall not exceed the amount of unpaid indebtedness as it exists from...
  • N.C. Gen. Stat. § 58-57-20.   Term; termination prior to scheduled maturity
    Except as otherwise provided in this section, the term of any credit life insurance or credit accident and health insurance shall, subject to acceptance...
  • N.C. Gen. Stat. § 58-57-25.   Insurance to be evidenced by individual policy; notice of proposed insurance or certificate; required and prohibited provisions; when debtor to receive copy
    (a) All individual credit insurance sold shall be evidenced by an individual policy. All group insurance sold where any part of the premium is...
  • N.C. Gen. Stat. § 58-57-30.   Forms to be filed with Commissioner; approval or disapproval by Commissioner
    (a) All forms of policies, certificates of insurance, notices of proposed insurance, endorsements and riders intended for use in this State shall be filed...
  • N.C. Gen. Stat. § 58-57-35.   General premium rate standard
    (a) Benefits provided by credit life, credit accident and health and credit unemployment insurance written under this Article shall be reasonable in relation to...
  • N.C. Gen. Stat. § 58-57-40.   Credit life insurance rate standards
    (a) The premium rate standards set forth below are applicable to plans of credit life insurance with or without requirements for evidence of insurability:...
  • N.C. Gen. Stat. § 58-57-45.   Credit accident and health insurance rate standards
    (a) The rate standards set forth below shall be applicable for contracts which contain a provision excluding or denying claim for disability resulting from...
  • N.C. Gen. Stat. § 58-57-50.   Premium refunds or credits
    (a) Each individual policy or group certificate shall provide that in the event of termination of the insurance prior to the scheduled maturity date...
  • N.C. Gen. Stat. § 58-57-55.   Issuance of policies
    All policies of credit life insurance and credit accident and health insurance shall be issued only by an insurer authorized to do business in...
  • N.C. Gen. Stat. § 58-57-60.   Claims
    (a) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All...
  • N.C. Gen. Stat. § 58-57-65.   Existing insurance; choice of insurer
    Credit life insurance and credit accident and health insurance may not be required of any borrower by any creditor. When credit property insurance is...
  • N.C. Gen. Stat. § 58-57-70.   Repealed by Session Laws 2005-181, s. 7, effective January 1, 2006, and applicable to policies or certificates issued or renewed on or after that date
  • N.C. Gen. Stat. § 58-57-71.   Enforcement and penalties
    (a) The Commissioner may, after notice and opportunity for a hearing, impose civil penalties or petition for restitution under G.S. 58-2-70, revoke, suspend, or...
  • N.C. Gen. Stat. § 58-57-75.   Judicial review
    Any party to the proceeding affected by an order of the Commissioner shall be entitled to judicial review by following the procedure set forth...
  • N.C. Gen. Stat. § 58-57-80.   Repealed by Session Laws 2005-181, s. 7, effective January 1, 2006, and applicable to policies or certificates issued or renewed on or after that date
  • N.C. Gen. Stat. § 58-57-85.   Repealed by Session Laws 2001-223, s. 3.6
  • N.C. Gen. Stat. § 58-57-90.   Credit property insurance; personal household property coverage
    (a) As used in this Article, the term "single interest credit property" insurance means insurance of the personal household property of the debtor against...
  • N.C. Gen. Stat. § 58-57-95.   Rebate of premiums on credit life and credit accident and health insurance; retention of funds by agent
    It shall be unlawful for any insurance carrier, or officer, agent or representative of an insurance company writing credit life and credit accident and...
  • N.C. Gen. Stat. § 58-57-100.   Credit property insurance; automobile physical damage insurance
    (a) Single interest or dual interest physical damage insurance may be written on nonfleet private passenger motor vehicles, as defined in G.S. 58-40-10, that...
  • N.C. Gen. Stat. § 58-57-105.   Credit insurance on credit card balances
    (a) Credit card facilities may be used for the solicitation, negotiation, or payment of premiums for credit insurance on the unpaid balance of any...
  • N.C. Gen. Stat. § 58-57-107.   Recodified as 58-3-147, Session Laws 1993, c. 504, s. 40
  • N.C. Gen. Stat. § 58-57-110.   Credit unemployment insurance rate standards; policy provisions
    (a) Each year the Commissioner shall prescribe a minimum incurred loss ratio standard requirement to develop a premium rate reasonable in relation to the...
  • N.C. Gen. Stat. § 58-57-115.   Family leave credit insurance standards; policy provisions
    (a) Definitions. - As used in this section: (1) "Foster child" means a minor (i) over whom a guardian has been appointed by the...

Article 58 - Life Insurance and Viatical Settlements.

  • N.C. Gen. Stat. § 58-58-1.   Definitions; requisites of contract
    All corporations or associations doing business in this State, under any charter or statute of this or any other state, involving the payment of...
  • N.C. Gen. Stat. § 58-58-5.   Industrial life insurance defined
    Industrial life insurance is hereby declared to be that form of life insurance under which the premiums are payable monthly or oftener, provided the...
  • N.C. Gen. Stat. § 58-58-10.   Credit life insurance defined
    Credit life insurance is declared to be insurance upon the life of a debtor who may be indebted to any person, firm, or corporation...
  • N.C. Gen. Stat. § 58-58-15.   Any type of survivorship fund in life insurance contract prohibited
    No life insurance company shall hereafter deliver in this State, as a part of or in combination with any insurance, endowment or annuity contract,...
  • N.C. Gen. Stat. § 58-58-20.   Tie-in sales with life insurance prohibited
    No life insurance company shall hereafter deliver in this State, as a part of or in combination with any insurance, endowment or annuity contract,...
  • N.C. Gen. Stat. § 58-58-22.   Individual policy standard provisions
    No policy of individual life insurance shall be delivered in this State unless it contains in substance the following provisions, or provisions that in...
  • N.C. Gen. Stat. § 58-58-23.   Standard provisions for annuity and pure endowment contracts
    No annuity or pure endowment contract, except a reversionary or survivorship annuity and except a group annuity contract, shall be delivered or issued for...
  • N.C. Gen. Stat. § 58-58-25.   Policies to be issued to any person possessing the sickle cell trait or hemoglobin C trait
    No insurance company licensed in this State pursuant to the provisions of Articles 1 through 64 of this Chapter shall refuse to issue or...
  • N.C. Gen. Stat. § 58-58-30.   Soliciting agent represents the company
    A person who solicits an application for insurance upon the life of another, in any controversy relating thereto between the insured or his beneficiary...
  • N.C. Gen. Stat. § 58-58-35.   Discrimination between insurants forbidden
    A life insurance company doing business in this State shall not make any distinction or discrimination in favor of individuals between insurants of the...
  • N.C. Gen. Stat. § 58-58-40.   Misrepresentations of policy forbidden
    No life insurance company doing business in this State, and no officer, director, solicitor, or other agent thereof, shall make, issue, or circulate, or...
  • N.C. Gen. Stat. § 58-58-42.   Repealed by Session Laws 2001-436, s. 5
  • N.C. Gen. Stat. § 58-58-45.   Financial Provisions
    The valuation of the reserves on the policies and bonds of every life insurance company incorporated by the laws of this State shall be...
  • N.C. Gen. Stat. § 58-58-50.   Standard Valuation Law
    (a) This section shall be known as the Standard Valuation Law. (b) Each year the Commissioner shall value or cause to be valued the...
  • N.C. Gen. Stat. § 58-58-55.   Standard nonforfeiture provisions
    (a) This section shall be known as the Standard Nonforfeiture Law for Life Insurance. (b) In the case of policies issued on or after...
  • N.C. Gen. Stat. § 58-58-60.   Repealed by Session Laws 2003-144, s. 2, effective October 1, 2004
  • N.C. Gen. Stat. § 58-58-61.   Standard nonforfeiture law for individual deferred annuities
    (a) Title. - This section is and may be cited as the Standard Nonforfeiture Law for Individual Deferred Annuities. (b) Applicability. - This section...
  • N.C. Gen. Stat. § 58-58-65.   Reinsurance of companies regulated
    The receiver of any life insurance company organized under the laws of this State, when the assets of the company are sufficient for that...
  • N.C. Gen. Stat. § 58-58-70.   Insurable interest as between stockholders, partners, etc
    Where two or more persons have heretofore contracted or hereafter contract with one another for the purchase, at the death of one, by the...
  • N.C. Gen. Stat. § 58-58-75.   Insurable interest in life and physical ability of employee or agent
    (a) An employer, whether a partnership, joint venture, business trust, mutual association, corporation, any other form of business organization, or one or more individuals,...
  • N.C. Gen. Stat. § 58-58-80.   Insurable interest in life and physical ability of partner
    Any partner has an insurable interest in and the right to insure the physical ability or the life, or both the physical ability and...
  • N.C. Gen. Stat. § 58-58-85.   Insurable interest in life of person covered by pension plan
    A trustee under a written document providing for a pension plan for payments of money or delivery of other benefits to be made to...
  • N.C. Gen. Stat. § 58-58-86.   Insurable interest of charitable organizations
    (a) If an organization described in section 501(c)(3) of the Internal Revenue Code purchases or receives by assignment, before, on, or after the effective...
  • N.C. Gen. Stat. § 58-58-90.   Construction
    G.S. 58-58-75, 58-58-80, 58-58-85, and 58-58-86 do not limit or abridge any insurable interest or right to insure now existing at common law or...
  • N.C. Gen. Stat. § 58-58-95.   Rights of beneficiaries
    When a policy of insurance is effected by any person on his own life, or on another life in favor of some person other...
  • N.C. Gen. Stat. § 58-58-97.   Provision of life insurance information upon notification of insured's death
    (a) Any person licensed to practice funeral directing or any employee of a funeral establishment licensed under the provisions of Article 13A of Chapter...
  • N.C. Gen. Stat. § 58-58-100.   Minors may enter into insurance or annuity contracts and have full rights, powers and privileges thereunder
    All minors in North Carolina of the age of 15 years and upwards shall have full power and authority to make contracts of insurance...
  • N.C. Gen. Stat. § 58-58-105.   Renunciation
    A beneficiary of a life insurance policy who did not possess the incidents of ownership under the policy at the time of death of...
  • N.C. Gen. Stat. § 58-58-110.   Interest payments on death benefits
    (a) Each insurer admitted to transact insurance in this State which, without the written consent of the beneficiary, fails or refuses to pay the...
  • N.C. Gen. Stat. § 58-58-115.   Creditors deprived of benefits of life insurance policies except in cases of fraud
    If a policy of insurance is effected by any person on his own life or on another life in favor of a person other...
  • N.C. Gen. Stat. § 58-58-120.   Notice of nonpayment of premium required before forfeiture
    No life insurance corporation doing business in this State shall, within one year after the default in payment of any premium, installment, or interest,...
  • N.C. Gen. Stat. § 58-58-125.   Minimum premium rates for assessment life insurance companies
    No assessment life insurance corporation, organization or association of any kind issuing policies or contracts upon the life of any resident of this State...
  • N.C. Gen. Stat. § 58-58-130.   Distribution of surplus in mutual companies
    Every life insurance company doing business in this State upon the principle of mutual insurance, or the members of which are entitled to share...
  • N.C. Gen. Stat. § 58-58-135.   "Group life insurance" defined
    No policy of group life insurance shall be delivered in this State unless it conforms to one of the following descriptions: (1) A policy...
  • N.C. Gen. Stat. § 58-58-140.   Group life insurance standard provisions
    No policy of group life insurance shall be delivered in this State unless it contains in substance the following provisions, or provisions which in...
  • N.C. Gen. Stat. § 58-58-141.   Portability of group life insurance
    (a) Definition. - For purposes of this section, "portability" means the prerogative to continue existing group life insurance coverage, or access alternate group life...
  • N.C. Gen. Stat. § 58-58-145.   Group annuity contracts defined; requirements; issuance of individual certificates
    (a) Any policy or contract, except a joint, reversionary or survivorship annuity contract, whereby annuities are payable to more than one person, is a...
  • N.C. Gen. Stat. § 58-58-146.   Application for annuities required
    (a) Each individual (nongroup) annuity contract shall be issued only upon application of the annuitant or proposed owner. Any application form, whether paper or...
  • N.C. Gen. Stat. § 58-58-147.   Surrender fees on death benefits
    No authorized insurer shall deliver or issue for delivery in this State any deferred annuity contract that contains a provision that reduces the death...
  • N.C. Gen. Stat. § 58-58-150.   Employee life insurance defined
    Employee life insurance is hereby declared to be that plan of life insurance other than salary savings life insurance under which individual policies are...
  • N.C. Gen. Stat. § 58-58-155.   Assignment of interest in group policies and annuity contracts
    Any individual insured under a group insurance policy or group annuity contract shall have the right, unless expressly prohibited under the terms of the...
  • N.C. Gen. Stat. § 58-58-160.   Voting power under policies of group life insurance
    In every group policy issued by a domestic life insurance company, the employer shall be deemed to be the policyholder for all purposes within...
  • N.C. Gen. Stat. § 58-58-165.   Exemption from execution
    No policy of group insurance, nor the proceeds thereof, when paid to any employee or employees thereunder, shall be liable to attachment, garnishment, or...
  • N.C. Gen. Stat. § 58-58-170.   Contestability after reinstatement
    A reinstated policy of life insurance or annuity contract may be contested on account of fraud or misrepresentation of facts material to the reinstatement...
  • N.C. Gen. Stat. § 58-58-175 through 58-58-195.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-58-200.   Short title
    This Part may be cited as the Viatical Settlements Act. (2001-436, s. 3.)
  • N.C. Gen. Stat. § 58-58-205.   Definitions
    As used in this Article: (1) "Advertising" means any written, electronic, or printed communication or any communication by means of recorded telephone messages or...
  • N.C. Gen. Stat. § 58-58-210.   License requirements
    (a) No person shall operate as a provider or broker without first obtaining a license from the insurance regulator of the state of residence...
  • N.C. Gen. Stat. § 58-58-215.   License revocation and denial
    The Commissioner may suspend, revoke, or refuse to issue or renew the license of a provider or broker if the Commissioner finds that: (1)...
  • N.C. Gen. Stat. § 58-58-220.   Approval of viatical settlement contracts and disclosure statements
    A person shall not use a contract or provide to a viator a disclosure statement form in this State unless filed with and approved...
  • N.C. Gen. Stat. § 58-58-225.   Reporting requirements and privacy
    (a) Each licensee shall file with the Commissioner on or before June 1 of each year an annual statement containing such information as the...
  • N.C. Gen. Stat. § 58-58-230.   Examinations
    (a) The Commissioner may conduct an examination of a licensee as often as the Commissioner considers appropriate. (b) An examination under this Part shall...
  • N.C. Gen. Stat. § 58-58-235.   Record retention requirements
    (a) A person licensed under this Part shall retain copies for five years of all: (1) Proposed, offered, or executed contracts, purchase agreements, underwriting...
  • N.C. Gen. Stat. § 58-58-240.   Investigative authority of the Commissioner
    The Commissioner may investigate suspected fraudulent viatical settlement acts and persons engaged in the business of viatical settlements. (2001-436, s. 3.)
  • N.C. Gen. Stat. § 58-58-245.   Disclosure
    (a) With each application for a viatical settlement, the provider or broker shall provide the viator with at least the following disclosures no later...
  • N.C. Gen. Stat. § 58-58-250.   General rules
    (a) A provider entering into a contract shall first obtain: (1) If the viator is the insured, a written statement from a licensed attending...
  • N.C. Gen. Stat. § 58-58-255.   Prohibited practices
    (a) It is a violation of this Part for any person to enter into a contract within a two-year period commencing with the date...
  • N.C. Gen. Stat. § 58-58-260.   Advertising for viatical settlements
    (a) The purpose of this section is to provide prospective viators with clear and unambiguous statements in the advertisement of viatical settlements and to...
  • N.C. Gen. Stat. § 58-58-265.   Fraudulent viatical settlement acts, interference, and participation of convicted felons prohibited
    (a) A person who commits a fraudulent viatical settlement act is guilty of a Class H felony. (b) A person shall not knowingly or...
  • N.C. Gen. Stat. § 58-58-267.   Fraud warning required
    (a) Viatical settlement contracts and purchase agreement forms and applications for viatical settlements, regardless of the form of transmission, shall contain the following statement...
  • N.C. Gen. Stat. § 58-58-268.   Viatical settlement antifraud initiatives
    (a) Viatical settlement providers and viatical settlement brokers shall have in place antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent viatical settlement...
  • N.C. Gen. Stat. § 58-58-270.   Report to Commissioner
    Whenever any person licensed under this Part knows or has reasonable cause to believe that any other person has violated any provision of this...
  • N.C. Gen. Stat. § 58-58-275.   Reporting and investigation of suspected viatical settlement fraudulent acts; immunity from liability
    (a) As used in this section, "Commissioner" includes an employee, agent, or designee of the Commissioner. A person, or an employee or agent of...
  • N.C. Gen. Stat. § 58-58-280.   Confidentiality
    (a) Information and evidence provided under G.S. 58-58-270 or G.S. 58-58-275 or obtained by the Commissioner in an investigation of suspected or actual fraudulent...
  • N.C. Gen. Stat. § 58-58-285.   Other law enforcement or regulatory authority
    This Part does not: (1) Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute...
  • N.C. Gen. Stat. § 58-58-290.   Injunctions; civil remedies; cease and desist orders
    (a) In addition to the penalties and other enforcement provisions of this Part, if any person violates this Part or any rule implementing this...
  • N.C. Gen. Stat. § 58-58-295.   Unfair trade practices
    A violation of this Part is an unfair trade practice under Article 63 of this Chapter. (2001-436, s. 3.)
  • N.C. Gen. Stat. § 58-58-300.   Authority to adopt rules
    The Commissioner may: (1) Adopt rules implementing this Part. (2) Establish standards for evaluating reasonableness of payments under contracts for persons who are terminally...
  • N.C. Gen. Stat. § 58-58-305.   Jurisdictional limitations
    Nothing in this Part affects the North Carolina Securities Act or the jurisdiction of the North Carolina Secretary of State. (2001-436, s. 3.)
  • N.C. Gen. Stat. § 58-58-310.   Effective date
    A provider or broker transacting business in this State, pursuant to G.S. 58-58-42, on the effective date of this Part may continue to do...
  • N.C. Gen. Stat. § 58-58-320.   Purpose
    (a) The purpose of this Part is to set forth standards to protect service members of the Armed Forces from dishonest and predatory insurance...
  • N.C. Gen. Stat. § 58-58-325.   Scope
    This Part applies only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an...
  • N.C. Gen. Stat. § 58-58-330.   Exemptions
    (a) This Part does not apply to solicitations or sales involving: (1) Credit insurance. (2) Group life insurance or group annuities where there is...
  • N.C. Gen. Stat. § 58-58-335.   Definitions
    As used in this Part: (1) "Active duty" means full-time duty in the active military service of the United States and includes service by...
  • N.C. Gen. Stat. § 58-58-340.   Practices declared false, misleading, deceptive, or unfair on a military installation
    (a) The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face...
  • N.C. Gen. Stat. § 58-58-345.   Practices declared false, misleading, deceptive, or unfair regardless of location
    (a) The following acts or practices by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be...
  • N.C. Gen. Stat. § 58-58-350.   Procedures and sanctions
    (a) The provisions of G.S. 58-63-20, 58-63-25, 58-63-32, 58-63-35, 58-63-50, and 58-63-60 apply to this Part and are incorporated into this Part by reference....

Article 59 - Registered Policies.

  • N.C. Gen. Stat. § 58-59-1.   Deposits to secure registered policies
    Any life insurance company, incorporated under the laws of this State, may deposit with the Commissioner securities of the kind authorized for the investment...
  • N.C. Gen. Stat. § 58-59-5.   Additional deposits may be required
    Each company which has made deposits herein provided for shall make additional deposits from time to time, as the Commissioner prescribes, in amounts of...
  • N.C. Gen. Stat. § 58-59-10.   Withdrawal of deposits
    Any such company whose deposits exceed the net value of all registered policies and annuity bonds it has in force, less such liens not...
  • N.C. Gen. Stat. § 58-59-15.   Record of securities kept by Commissioner; deficit made good
    The Commissioner shall keep a careful record of the securities deposited by each company, and when furnishing the annual certificates of value required in...
  • N.C. Gen. Stat. § 58-59-20.   Registered policies certified
    After making the deposits provided for in this Article no company may issue a policy of insurance or endowment or an annuity bond known...
  • N.C. Gen. Stat. § 58-59-25.   Power of Commissioner in case of insolvency
    If at any time the affairs of a life insurance company which has deposited securities under the provisions of this Article, in the opinion...
  • N.C. Gen. Stat. § 58-59-30.   Fees for registering policies
    Every company making deposits under the provisions of this Article must pay to the Commissioner for each certificate on registered policies or annuity bonds,...
  • N.C. Gen. Stat. § 58-59-35.   Registration of policies
    After January 1, 1947, the Commissioner shall not register any new policies that are issued by any company, nor accept any deposits covering reserves...

Article 60 - Standards of Disclosure for Annuities and Life Insurance.

  • N.C. Gen. Stat. § 58-60-1.   Short title; purpose
    (a) This Part may be cited as the "Life Insurance Disclosure Act". (b) The purpose of this Part is to require insurers to deliver...
  • N.C. Gen. Stat. § 58-60-5.   Scope; exemptions
    (a) Except as otherwise provided in this Part, this Part applies to any solicitation, negotiation or procurement of life insurance occurring within this State....
  • N.C. Gen. Stat. § 58-60-10.   Definitions
    Unless the context of use indicates a different meaning, for the purposes of this Part, the following definitions shall apply: (1) Buyer's Guide. -...
  • N.C. Gen. Stat. § 58-60-15.   Disclosure requirements
    (a) The insurer shall provide to all prospective purchasers a Buyer's Guide and a Policy Summary prior to accepting any applicant's initial premium deposit,...
  • N.C. Gen. Stat. § 58-60-20.   General rules relating to solicitation
    (a) Each insurer subject to this Part shall maintain at its home office or principal office a complete file containing one copy of each...
  • N.C. Gen. Stat. § 58-60-25.   Adoption of Buyer's Guide; requirements
    Any insurer soliciting life insurance in this State on or after December 1, 1979, shall adopt and use a Buyer's Guide, and the adoption...
  • N.C. Gen. Stat. § 58-60-30.   Failure to comply
    The failure of an insurer to provide or deliver a Buyer's Guide, or a Policy Summary as provided in G.S. 58-60-15(a) and (b) shall...
  • N.C. Gen. Stat. § 58-60-35.   Disclosure of prearrangement insurance policy provisions
    (a) As used in this section: (1) "Prearrangement" means any contract, agreement, or mutual understanding, or any series or combination of contracts, agreements or...
  • N.C. Gen. Stat. § 58-60-90.   Title and reference
    This Part may be cited as the "Small Face Amount Life Insurance Disclosure Act". (2005-234, s. 1.10.)
  • N.C. Gen. Stat. § 58-60-95.   Purpose; intent; and scope
    (a) The purpose of this Part is to establish standards that ensure meaningful information is provided to the purchasers of small face amount policies....
  • N.C. Gen. Stat. § 58-60-100.   Disclosure requirements
    (a) An insurer issuing a small face amount policy where, over the term of the policy, the cumulative policy premiums paid may exceed the...
  • N.C. Gen. Stat. § 58-60-105.   Insurer duties
    The insurer and its producers shall have a duty to provide information to policyholders or certificate holders that ask questions about the disclosure statement....
  • N.C. Gen. Stat. § 58-60-120.   Title and reference
    This Part may be cited as the "Annuity Disclosure Act". (2005-234, s. 1.11.)
  • N.C. Gen. Stat. § 58-60-125.   Purpose; intent; scope
    (a) The purpose of this Part is to provide standards for the disclosure of certain minimum information about annuity contracts to protect consumers and...
  • N.C. Gen. Stat. § 58-60-130.   Definitions
    As used in this Part: (1) "Annuity buyer's guide" or "buyer's guide" means the current NAIC Model Buyer's Guide to Fixed Deferred Annuities, including...
  • N.C. Gen. Stat. § 58-60-135.   Standards for the disclosure document and buyer's guide
    (a) Where the application for an annuity contract is taken in a face-to-face meeting, the applicant, at or before the time of application, shall...
  • N.C. Gen. Stat. § 58-60-140.   Contents of disclosure document
    At a minimum, all of the following information shall be included in the disclosure document required under this Part: (1) The generic name of...
  • N.C. Gen. Stat. § 58-60-145.   Report to contract owners
    For annuities in the payout period with changes in nonguaranteed elements and for the accumulation period of a deferred annuity, the insurer shall provide...
  • N.C. Gen. Stat. § 58-60-150.   Title and reference
    This Part may be cited as the "Suitability in Annuity Transactions Act". (2007-298, s. 1.1.)
  • N.C. Gen. Stat. § 58-60-155.   Purpose; scope
    (a) The purpose of this Part is to set forth standards and procedures for recommendations to consumers that result in a transaction involving annuity...
  • N.C. Gen. Stat. § 58-60-160.   Exemptions
    Unless otherwise specifically included, this Part does not apply to recommendations involving any of the following: (1) Direct response solicitations where there is no...
  • N.C. Gen. Stat. § 58-60-165.   Definitions
    As used in this Part: (1) "Annuity" means a fixed annuity or variable annuity that is individually solicited, whether the product is classified as...
  • N.C. Gen. Stat. § 58-60-170.   Duties of insurers and insurance producers
    (a) In recommending to a consumer the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or...
  • N.C. Gen. Stat. § 58-60-175.   Mitigation of responsibility
    (a) The Commissioner may order: (1) An insurer to take reasonably appropriate corrective action for any consumer harmed by the insurer's, or by its...
  • N.C. Gen. Stat. § 58-60-180.   Record keeping
    (a) Insurers, general agents, independent agencies, and insurance producers shall maintain or be able to make available to the Commissioner records of the information...

Article 61 - Regulation of Interest Rates on Life Insurance Policy Loans.

  • N.C. Gen. Stat. § 58-61-1.   Purpose
    The purpose of this Article is to permit and set guidelines for life insurers to include in life insurance policies issued after the effective...
  • N.C. Gen. Stat. § 58-61-5.   Definitions
    For purposes of this Article the "Published Monthly Average" means: (1) The Monthly Average of the Composite Yield on Seasoned Corporate Bonds as published...
  • N.C. Gen. Stat. § 58-61-10.   Maximum rate of interest on policy loans
    (a) Policies issued on or after September 1, 1981 shall provide for policy loan interest rates as follows: (1) A provision permitting a maximum...
  • N.C. Gen. Stat. § 58-61-15.   Applicability to existing policies
    The provisions of this Article shall not apply to any insurance contract issued before September 1, 1981. (1981, c. 841, s. 1.)

Article 62 - Life and Health Insurance Guaranty Association.

  • N.C. Gen. Stat. § 58-62-1.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-2.   Title
    This Article shall be known and may be cited as the North Carolina Life and Health Insurance Guaranty Association Act. (1991, c. 681, s.
  • N.C. Gen. Stat. § 58-62-5.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-6.   Purpose
    (a) The purpose of this Article is to protect, subject to certain limitations, the persons specified in G.S. 58-62-21(a) against failure in the performance...
  • N.C. Gen. Stat. § 58-62-10.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-11.   Construction
    This Article shall be liberally construed to effect the purpose under G.S. 58-62-6, which shall constitute an aid and guide to interpretation. (1991, c....
  • N.C. Gen. Stat. § 58-62-15.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-16.   Definitions
    As used in this Article: (1) "Account" means any of the two accounts created under G.S. 58-62-26. (2) "Association" means the North Carolina Life...
  • N.C. Gen. Stat. § 58-62-20.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-21.   Coverage and limitations
    (a) This Article provides coverage for the policies and contracts specified in subsection (b) of this section: (1) To persons other than persons specified...
  • N.C. Gen. Stat. § 58-62-25.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-26.   Creation of the Association
    (a) There is created a nonprofit legal entity to be known as the North Carolina Life and Health Insurance Guaranty Association. All member insurers...
  • N.C. Gen. Stat. § 58-62-30.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-31.   Board of directors
    (a) The Board shall consist of not less than five nor more than nine member insurers serving terms as established in the Plan. The...
  • N.C. Gen. Stat. § 58-62-35.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-36.   Powers and duties of the Association
    (a) If a member insurer is an impaired domestic insurer, the Association may, subject to any conditions imposed by the Association and approved by...
  • N.C. Gen. Stat. § 58-62-40.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-41.   Assessments
    (a) To provide the funds necessary to carry out the powers and duties of the Association, the Board shall assess the member insurers, separately...
  • N.C. Gen. Stat. § 58-62-45.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-46.   Plan of operation
    (a) The Association shall submit to the Commissioner a Plan and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration...
  • N.C. Gen. Stat. § 58-62-50.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-51.   Duties and powers of the Commissioner
    (a) In addition to other duties and powers specified in this Article, the Commissioner shall: (1) Upon request of the Board, provide the Association...
  • N.C. Gen. Stat. § 58-62-55.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-56.   Prevention of delinquencies
    (a) To aid in the detection and prevention of insurer delinquencies, it is the Commissioner's duty to: (1) Notify insurance regulators when revoking or...
  • N.C. Gen. Stat. § 58-62-60.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-61.   Miscellaneous provisions
    (a) Nothing in this Article reduces the liability for unpaid assessments of the insureds of a delinquent insurer operating under an insurance plan with...
  • N.C. Gen. Stat. § 58-62-65.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-66.   Examination of the Association; annual report
    The Association is subject to examination and regulation by the Commissioner. The Board shall submit to the Commissioner each year, not later than 120...
  • N.C. Gen. Stat. § 58-62-70.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-75.   Tax exemptions
    The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes...
  • N.C. Gen. Stat. § 58-62-76.   Immunity
    There is no liability by, and no cause of action of any nature arises against, any member insurer or its agents or employees, the...
  • N.C. Gen. Stat. § 58-62-77.   Actions not precluded
    Nothing in this Article precludes any resident from bringing any action against the Association in any court of competent jurisdiction with respect to any...
  • N.C. Gen. Stat. § 58-62-80.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-81.   Stay of proceedings; reopening default judgments
    All proceedings in which the insolvent insurer is a party in any court in this State shall be stayed 60 days from the date...
  • N.C. Gen. Stat. § 58-62-85.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-86.   Prohibited advertisement of Article in insurance sales; notice to policyholders
    (a) No person shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated,...
  • N.C. Gen. Stat. § 58-62-90.   Repealed by Session Laws 1991, c. 681, s. 57
  • N.C. Gen. Stat. § 58-62-92.   Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 678, s. 27
  • N.C. Gen. Stat. § 58-62-95.   Use of deposits made by impaired insurer
    Notwithstanding any other provision of this Chapter pertaining to the use of deposits made by insurance companies for the protection of policyholders, the Association...

Article 63 - Unfair Trade Practices.

  • N.C. Gen. Stat. § 58-63-1.   Declaration of purpose
    The purpose of this Article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed...
  • N.C. Gen. Stat. § 58-63-5.   Definitions
    When used in this Article: (1) Repealed by Session Laws 1991, c. 720, s. 6. (2) "Person" means any individual, corporation, association, partnership, reciprocal...
  • N.C. Gen. Stat. § 58-63-10.   Unfair methods of competition or unfair and deceptive acts or practices prohibited
    No person shall engage in this State in any trade practice which is defined in this Article as or determined pursuant to this Article...
  • N.C. Gen. Stat. § 58-63-15.   Unfair methods of competition and unfair or deceptive acts or practices defined
    The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) Misrepresentations...
  • N.C. Gen. Stat. § 58-63-20.   Power of Commissioner
    The Commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this State...
  • N.C. Gen. Stat. § 58-63-25.   Hearings, witnesses, appearances, production of books and service of process
    (a) When the Commissioner has reason to believe that any person has been engaged or is engaging in this State in any unfair method...
  • N.C. Gen. Stat. § 58-63-30.   Repealed by Session Laws 1991, c. 644, s. 29
  • N.C. Gen. Stat. § 58-63-32.   Cease and desist order
    (a) If, after a hearing under G.S. 58-63-25, the Commissioner determines that the method of competition or the act or practice in question is...
  • N.C. Gen. Stat. § 58-63-35.   Judicial review of cease and desist orders
    (a) Any person required by an order of the Commissioner under G.S. 58-63-32 to cease and desist from engaging in any unfair method of...
  • N.C. Gen. Stat. § 58-63-40.   Procedure as to unfair methods of competition and unfair or deceptive acts or practices which are not defined
    (a) Whenever the Commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this State in...
  • N.C. Gen. Stat. § 58-63-45.   Judicial review by intervenor
    If the report of the Commissioner does not charge a violation of this Article, then any intervenor in the proceedings may within 10 days...
  • N.C. Gen. Stat. § 58-63-50.   Penalty
    Any person who willfully violates a cease and desist order of the Commissioner under G.S. 58-63-32, after it has become final, and while the...
  • N.C. Gen. Stat. § 58-63-55.   Provisions of Article additional to existing law
    The powers vested in the Commissioner by this Article shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized...
  • N.C. Gen. Stat. § 58-63-60.   Immunity from prosecution
    If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence or other documents at...
  • N.C. Gen. Stat. § 58-63-65.   Rule-making authority
    The Commissioner may adopt rules to carry out the provisions of this Article, including rules that define unfair methods of competition or unfair or...
  • N.C. Gen. Stat. § 58-63-66 through 58-63-69.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-63-70.   Health care service discount practices by insurers and service corporations
    (a) It is an unfair trade practice for any insurer or service corporation subject to this Chapter to make an intentional misrepresentation to a...
  • N.C. Gen. Stat. § 58-63-75.   Senior-specific certifications and professional designations; rules
    The Commissioner may adopt rules to set forth standards to protect consumers from misleading and fraudulent marketing practices with respect to the use of...

Article 64 - Continuing Care Retirement Communities.

  • N.C. Gen. Stat. § 58-64-1.   Definitions
    As used in this Article, unless otherwise specified: (1) Continuing care. - The furnishing to an individual other than an individual related by blood,...
  • N.C. Gen. Stat. § 58-64-5.   License
    (a) No provider shall engage in the business of offering or providing continuing care in this State without a license to do so obtained...
  • N.C. Gen. Stat. § 58-64-7.   Continuing care services without lodging
    (a) A provider of continuing care who has obtained a license pursuant to this Article and desires to provide or arrange for continuing care...
  • N.C. Gen. Stat. § 58-64-10.   Revocation of license
    (a) The license of a provider shall remain in effect until revoked after notice and hearing, upon written findings of fact by the Commissioner,...
  • N.C. Gen. Stat. § 58-64-15.   Sale or transfer of ownership
    No license is transferable, and no license issued pursuant to this Article has value for sale or exchange as property. No provider or other...
  • N.C. Gen. Stat. § 58-64-20.   Disclosure statement
    (a) At the time of, or prior to, the execution of a contract to provide continuing care, or at the time of, or prior...
  • N.C. Gen. Stat. § 58-64-25.   Contract for continuing care; specifications
    (a) Each contract for continuing care shall provide that: (1) The party contracting with the provider may rescind the contract within 30 days following...
  • N.C. Gen. Stat. § 58-64-30.   Annual disclosure statement revision
    (a) Within 150 days following the end of each fiscal year, the provider shall file with the Commissioner a revised disclosure statement setting forth...
  • N.C. Gen. Stat. § 58-64-33.   Operating reserves
    (a) A provider shall maintain after the opening of a facility: an operating reserve equal to fifty percent (50%) of the total operating costs...
  • N.C. Gen. Stat. § 58-64-35.   Escrow, collection of deposits
    (a) Where escrow accounts are required by this Article, a provider shall establish an escrow account with (i) a bank, (ii) a trust company,...
  • N.C. Gen. Stat. § 58-64-40.   Right to organization
    (a) A resident living in a facility operated by a provider licensed under this Article has the right of self-organization, the right to be...
  • N.C. Gen. Stat. § 58-64-45.   Supervision, rehabilitation, and liquidation
    (a) If, at any time, the Commissioner determines, after notice and an opportunity for the provider to be heard, that: (1) A portion of...
  • N.C. Gen. Stat. § 58-64-46.   Receiverships; exception for facility beds
    When the Commissioner has been appointed as a receiver under Article 30 of this Chapter for a provider or facility subject to this Article,...
  • N.C. Gen. Stat. § 58-64-50.   Investigations and subpoenas
    (a) The Commissioner may make such public or private investigations within or outside of this State as necessary (i) to determine whether any person...
  • N.C. Gen. Stat. § 58-64-55.   Examinations; financial statements
    The Commissioner or the Commissioner's designee may, in the Commissioner's discretion, visit a provider offering continuing care in this State to examine its books...
  • N.C. Gen. Stat. § 58-64-60.   Contracts as preferred claims on liquidation
    In the event of liquidation of a provider, all contracts for continuing care executed by the provider shall be deemed preferred claims against all...
  • N.C. Gen. Stat. § 58-64-65.   Rule-making authority; reasonable time to comply with rules
    (a) The Commissioner is authorized to promulgate rules to carry out and enforce the provisions of this Article. (b) Any provider who is offering...
  • N.C. Gen. Stat. § 58-64-70.   Civil liability
    (a) A provider who enters into a contract for continuing care at a facility without having first delivered a disclosure statement meeting the requirements...
  • N.C. Gen. Stat. § 58-64-75.   Criminal penalties
    Any person who willfully and knowingly violates any provision of this Article is guilty of a Class 1 misdemeanor. The Commissioner may refer such...
  • N.C. Gen. Stat. § 58-64-80.   Advisory Committee
    There shall be a nine member Continuing Care Advisory Committee appointed by the Commissioner. The Committee shall consist of at least two residents of...
  • N.C. Gen. Stat. § 58-64-85.   Other licensing or regulation
    (a) Nothing in this Article affects the authority of the Department of Health and Human Services or any successor agency otherwise provided by law...

Article 65 - Hospital, Medical and Dental Service Corporations.

  • N.C. Gen. Stat. § 58-65-1.   Regulation and definitions; application of other laws; profit and foreign corporations prohibited
    (a) Any corporation organized under the general corporation laws of the State of North Carolina for the purpose of maintaining and operating a nonprofit...
  • N.C. Gen. Stat. § 58-65-2.   Other laws applicable to service corporations
    The following provisions of this Chapter are applicable to service corporations that are subject to this Article: G.S. 58-2-125. Authority over all insurance companies;...
  • N.C. Gen. Stat. § 58-65-5.   Contract for joint assumption or underwriting of risks
    Any corporation organized or regulated by the provisions of this Article and Article 66 of this Chapter is authorized to enter into such contracts...
  • N.C. Gen. Stat. § 58-65-10.   Premium or dues paid by employer, employee, principal or agent or jointly and severally
    Any premium or dues charged by a corporation regulated under the provisions of this Article and Article 66 of this Chapter may be paid...
  • N.C. Gen. Stat. § 58-65-15.   Incorporation
    Any number of persons not less than seven, desiring to form a nonprofit hospital service corporation, shall incorporate under the provisions of the general...
  • N.C. Gen. Stat. § 58-65-20.   Members of governing boards
    (a) For the purpose of this section the words "board of directors" includes the board of directors, trustees, or other governing board. (b) The...
  • N.C. Gen. Stat. § 58-65-25.   Hospital, physician and dentist contracts
    (a) Any corporation organized under this Article may enter into contracts for the rendering of hospital service to any of its subscribers by hospitals...
  • N.C. Gen. Stat. § 58-65-30.   Dentists' services
    Any corporation organized under the provisions of this Article and Article 66 of this Chapter may, in addition to its authority to contract under...
  • N.C. Gen. Stat. § 58-65-35.   Nurses' services
    No agency, institution or physician providing a service for which payment or reimbursement is required to be made under a contract governed by this...
  • N.C. Gen. Stat. § 58-65-36.   Physician services provided by physician assistants
    No agency, institution, or physician providing a service for which payment or reimbursement is required to be made under a contract governed by this...
  • N.C. Gen. Stat. § 58-65-40.   Supervision of Commissioner of Insurance; form of contract with subscribers; schedule of rates
    No hospital service corporation shall enter into any contract with subscribers unless and until it shall have filed with the Commissioner of Insurance a...
  • N.C. Gen. Stat. § 58-65-45.   Public hearings on revision of existing schedule or establishment of new schedule; publication of notice
    Whenever any hospital service corporation licensed under this Article and Article 66 of this Chapter makes a rate filing or any proposal to revise...
  • N.C. Gen. Stat. § 58-65-50.   Application for certificate of authority or license
    No corporation subject to the provisions of this Article and Article 66 of this Chapter shall issue contracts for the rendering of hospital or...
  • N.C. Gen. Stat. § 58-65-55.   Issuance and continuation of license
    (a) Every corporation subject to this Article shall pay to the Commissioner a fee of two hundred fifty dollars ($250.00) for filing an application...
  • N.C. Gen. Stat. § 58-65-60.   Subscribers' contracts; required and prohibited provisions
    (a) Every contract made by a corporation subject to the provisions of this Article and Article 66 of this Chapter shall be for a...
  • N.C. Gen. Stat. § 58-65-65.   Coverage for active medical treatment in tax-supported institutions
    (a) No hospital or medical or dental service plan, contract or certificate governed by the provisions of this Article and Article 66 of this...
  • N.C. Gen. Stat. § 58-65-70.   Contracts to cover any person possessing the sickle cell trait or hemoglobin C trait
    No hospital, medical, dental, or any health service governed by this Article and Article 66 of this Chapter shall refuse to issue or deliver...
  • N.C. Gen. Stat. § 58-65-75.   Coverage for chemical dependency treatment
    (a) As used in this section, the term "chemical dependency" means the pathological use or abuse of alcohol or other drugs in a manner...
  • N.C. Gen. Stat. § 58-65-80.   Meaning of terms "accident", "accidental injury", and "accidental means"
    (a) This section applies to the provisions of all subscriber contracts under this Article and Article 66 of this Chapter that are issued on...
  • N.C. Gen. Stat. § 58-65-85.   Discriminatory practices prohibited
    No person subject to this Article and Article 66 of this Chapter shall refuse to issue or refuse to reissue to an individual any...
  • N.C. Gen. Stat. § 58-65-90.   No discrimination against mentally ill or chemically dependent individuals
    (a) Definitions. - As used in this section, the term: (1) "Mental illness" has the same meaning as defined in G.S. 122C-3(21), with a...
  • N.C. Gen. Stat. § 58-65-91.   Coverage for certain treatment of diabetes
    (a) Every insurance certificate or subscriber contract under any hospital service plan or medical service plan governed by this Article and Article 66 of...
  • N.C. Gen. Stat. § 58-65-92.   Coverage for mammograms and cervical cancer screening
    (a) Every insurance certificate or subscriber contract under any hospital service plan or medical service plan governed by this Article and Article 66 of...
  • N.C. Gen. Stat. § 58-65-93.   Coverage for prostate-specific antigen (PSA) tests
    (a) Every insurance certificate or subscriber contract under any hospital service plan or medical service plan governed by this Article and Article 66 of...
  • N.C. Gen. Stat. § 58-65-94.   Coverage of certain prescribed drugs for cancer treatment
    (a) No insurance certificate or subscriber contract under any hospital service plan or medical service plan governed by this Article and Article 66 of...
  • N.C. Gen. Stat. § 58-65-95.   Investments and reserves
    (a) Corporations subject to this Article shall invest in or hold only those assets permitted by Article 7 of this Chapter for life and...
  • N.C. Gen. Stat. § 58-65-96.   Coverage for reconstructive breast surgery following mastectomy
    (a) Every insurance certificate or subscriber contract under any hospital service plan or medical service plan governed by this Article and Article 66 of...
  • N.C. Gen. Stat. § 58-65-100.   Statements filed with Commissioner
    Every service corporation subject to this Article is subject to G.S. 58-2-165. (1941, c. 338, s. 9; 1999-244, s. 11.)
  • N.C. Gen. Stat. § 58-65-105.   Visitations and examinations
    Service corporations subject to this Article shall be examined under G.S. 58-2-131, 58-2-132, 58-2-133, and 58-2-134. (1941, c. 338, s. 10; 1995, c. 360,...
  • N.C. Gen. Stat. § 58-65-110.   Expenses
    All acquisition expenses in connection with the solicitation of subscribers to such hospital and/or medical and/or dental service plan and administration costs including salaries...
  • N.C. Gen. Stat. § 58-65-115.   Licensing and regulation of agents
    Every agent of any service corporation authorized to do business in this State under this Article is subject to the licensing provisions of Article...
  • N.C. Gen. Stat. § 58-65-120.   Medical, dental and hospital service associations and agent to transact business through licensed agents only
    No medical and/or dental or hospital service association; nor any agent of any association shall on behalf of such association or agent, knowingly permit...
  • N.C. Gen. Stat. § 58-65-125.   Revocation and suspension of license; unfair trade practices
    (a) The Commissioner may revoke or suspend the license of any service corporation if: (1) The service corporation fails or refuses to comply with...
  • N.C. Gen. Stat. § 58-65-130.   Amendments to certificate of incorporation
    Any corporation subject to the provisions of this Article and Article 66 of this Chapter may hereafter amend its charter in the following manner...
  • N.C. Gen. Stat. § 58-65-131.   Findings; definitions; conversion plan
    (a) Intent and Findings. - It is the intent of the General Assembly by the enactment of this section, G.S. 58-65-132, and G.S. 58-65-133...
  • N.C. Gen. Stat. § 58-65-132.   Review and approval of conversion plan; new corporation
    (a) Approval of Plan of Conversion. - The Commissioner shall approve the plan of conversion and issue a certificate of authority to the new...
  • N.C. Gen. Stat. § 58-65-133.   Creation and operation of foundation
    (a) Creation. - A Foundation shall be created to receive the fair market value of the corporation as provided in G.S. 58-65-132(a)(7) when the...
  • N.C. Gen. Stat. § 58-65-135.   Cost plus plans
    Any corporation organized under the provisions of this Article and Article 66 of this Chapter shall be authorized as agent of any other corporation,...
  • N.C. Gen. Stat. § 58-65-140.   Repealed by Session Laws 1997-519, s. 3.16
  • N.C. Gen. Stat. § 58-65-145.   Preexisting hospital service corporations
    No corporations organized under the laws of this State prior to the ratification of this Article and Article 66 of this Chapter, for the...
  • N.C. Gen. Stat. § 58-65-150.   Construction of Chapter as to single employer plans; associations exempt
    Nothing in this Article and Article 66 of this Chapter shall be construed to affect or apply to hospital or medical and/or dental service...
  • N.C. Gen. Stat. § 58-65-155.   Merger or consolidation, proceedings for
    Any two or more hospital and/or medical and/or dental service corporations organized under and/or subject to the provisions of this Article and Article 66...
  • N.C. Gen. Stat. § 58-65-160.   Repealed by Session Laws 1998-3, s. 3
  • N.C. Gen. Stat. § 58-65-165.   Commissioner of Insurance determines corporations exempt from this Article and Article 66 of this Chapter
    The Commissioner of Insurance may require from any corporation writing any hospital service contracts and any corporation writing medical and/or dental service contracts or...
  • N.C. Gen. Stat. § 58-65-166.   Policy statement and definitions
    (a) It is the public policy of this State to enable corporations organized under this Chapter to attract and maintain responsible, qualified directors, officers,...
  • N.C. Gen. Stat. § 58-65-167.   Authority to indemnify
    (a) Except as provided in subsection (d), a corporation may indemnify an individual made a party to a proceeding because he is or was...
  • N.C. Gen. Stat. § 58-65-168.   Mandatory indemnification
    Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the...
  • N.C. Gen. Stat. § 58-65-169.   Advance for expenses
    Expenses incurred by a director in defending a proceeding may be paid by the corporation in advance of the final disposition of such proceeding...
  • N.C. Gen. Stat. § 58-65-170.   Court-ordered indemnification
    Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification...
  • N.C. Gen. Stat. § 58-65-171.   Determination and authorization of indemnification
    (a) A corporation may not indemnify a director under G.S. 58-65-167 unless authorized in the specific case after a determination has been made that...
  • N.C. Gen. Stat. § 58-65-172.   Indemnification of officers, employees, and agents
    Unless a corporation's articles of incorporation provide otherwise: (1) An officer of the corporation is entitled to mandatory indemnification under G.S. 58-65-168 and is...
  • N.C. Gen. Stat. § 58-65-173.   Additional indemnification and insurance
    (a) In addition to and separate and apart from the indemnification provided for in G.S. 58-65-167, 58-65-168, 58-65-170, 58-65-171, and 58-65-172, a corporation may...
  • N.C. Gen. Stat. § 58-65-174.   Application of Part
    (a) If articles of incorporation limit indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with...

Article 66 - Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act.

  • N.C. Gen. Stat. § 58-66-1.   Title
    This Article is known and may be cited as the "Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act." (1979, 2nd Sess., c....
  • N.C. Gen. Stat. § 58-66-5.   Purpose
    The purpose of this Article is to provide that insurance certificates and subscriber contracts under this Article and Article 65 of this Chapter be...
  • N.C. Gen. Stat. § 58-66-10.   Scope of application
    (a) Except as provided in subsection (b) of this section, the provisions of this Article apply to the certificates and contracts of direct insurance...
  • N.C. Gen. Stat. § 58-66-15.   Definitions
    As used in this Article, unless the context clearly indicates otherwise: (1) "Benefit booklet" means any written explanation of insurance coverages or benefits issued...
  • N.C. Gen. Stat. § 58-66-20.   Format requirements
    (a) All certificates and contracts covered by G.S. 58-66-35 must be printed in a type face at least as large as 10 point modern...
  • N.C. Gen. Stat. § 58-66-25.   Flesch scale analysis readability score; procedures
    (a) A Flesch scale analysis readability score will be measured as provided in this section. (b) For certificates containing 10,000 words or less of...
  • N.C. Gen. Stat. § 58-66-30.   Filing requirements; duties of the Commissioner
    (a) No insurer may make, issue, amend or renew any certificate or contract after the dates specified in G.S. 58-66-35 for the applicable type...
  • N.C. Gen. Stat. § 58-66-35.   Application to policies; dates
    (a) The filing requirements of G.S. 58-66-30 apply to all subscribers' contracts of hospital, medical, and dental service corporations as described in G.S. 58-65-60(a)...
  • N.C. Gen. Stat. § 58-66-40.   Construction
    (a) The provisions of this Article will not operate to relieve any insurer from any provision of law regulating the contents or provisions of...

Article 67 - Health Maintenance Organization Act.

  • N.C. Gen. Stat. § 58-67-1.   Short title
    This Article may be cited as the Health Maintenance Organization Act of 1979. (1977, c. 580, s. 1; 1979, c. 876, s. 1.)
  • N.C. Gen. Stat. § 58-67-5.   Definitions
    (a) "Commissioner" means the Commissioner of Insurance. (b) "Enrollee" means an individual who is covered by an HMO. (c) "Evidence of coverage" means any...
  • N.C. Gen. Stat. § 58-67-10.   Establishment of health maintenance organizations
    (a) Notwithstanding any law of this State to the contrary, any person may apply to the Commissioner for a license to establish and operate...
  • N.C. Gen. Stat. § 58-67-11.   Additional HMO application information
    (a) In addition to the information filed under G.S. 58-67-10(c), each application shall include a description of the following: (1) The program to be...
  • N.C. Gen. Stat. § 58-67-12 through 58-67-14.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-67-15.   Health maintenance organization of bordering states may be admitted to do business; reciprocity
    A federally qualified health maintenance organization approved and regulated under the laws of a state bordering this State may be admitted to do business...
  • N.C. Gen. Stat. § 58-67-20.   Issuance and continuation of license
    (a) Before issuing or continuing any such license, the Commissioner of Insurance may make such an examination or investigation as he deems expedient. The...
  • N.C. Gen. Stat. § 58-67-25.   Deposits
    (a) The Commissioner shall require a minimum deposit of five hundred thousand dollars ($500,000) for all full service medical health maintenance organizations or such...
  • N.C. Gen. Stat. § 58-67-30.   Management and exclusive agreements; custodial agreements
    (a) No health maintenance organization shall enter into an exclusive agency, management, or custodial agreement unless the agreement is first filed with the Commissioner...
  • N.C. Gen. Stat. § 58-67-35.   Powers of health maintenance organizations
    (a) The powers of a health maintenance organization include, but are not limited to the following: (1) The purchase, lease, construction, renovation, operation, or...
  • N.C. Gen. Stat. § 58-67-40.   Repealed by Session Laws 2003-212, s. 20, effective October 1, 2003
  • N.C. Gen. Stat. § 58-67-45.   Fiduciary responsibilities
    Any director, officer or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of such...
  • N.C. Gen. Stat. § 58-67-50.   Evidence of coverage and premiums for health care services
    (a) (1) Every enrollee residing in this State is entitled to evidence of coverage under a health care plan. If the enrollee obtains coverage...
  • N.C. Gen. Stat. § 58-67-55.   Statements filed with Commissioner
    Every HMO subject to this Article is subject to G.S. 58-2-165. (1977, c. 580, s. 1; 1979, c. 876, s. 1; 1999-244, s. 12.)
  • N.C. Gen. Stat. § 58-67-60.   Investments
    With the exception of investments made in accordance with G.S. 58-67-35(a)(1) and (2) and G.S. 58-67-35(b), the funds of a health maintenance organization shall...
  • N.C. Gen. Stat. § 58-67-65.   Prohibited practices
    (a) No health maintenance organization, or representative thereof, may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which...
  • N.C. Gen. Stat. § 58-67-66.   Collaboration with local health departments
    A health maintenance organization and a local health department shall collaborate and cooperate within available resources regarding health promotion and disease prevention efforts that...
  • N.C. Gen. Stat. § 58-67-70.   Coverage for chemical dependency treatment
    (a) As used in this section, the term "chemical dependency" means the pathological use or abuse of alcohol or other drugs in a manner...
  • N.C. Gen. Stat. § 58-67-74.   Coverage for certain treatment of diabetes
    (a) Every health care plan written by a health maintenance organization and in force, issued, renewed, or amended on or after October 1, 1997,...
  • N.C. Gen. Stat. § 58-67-75.   No discrimination against mentally ill or chemically dependent individuals
    (a) Definitions. - As used in this section, the term: (1) "Mental illness" has the same meaning as defined in G.S. 122C-3(21), with a...
  • N.C. Gen. Stat. § 58-67-76.   Coverage for mammograms and cervical cancer screening
    (a) Every health care plan written by a health maintenance organization and in force, issued, renewed, or amended on or after January 1, 1992,...
  • N.C. Gen. Stat. § 58-67-77.   Coverage for prostate-specific antigen (PSA) tests
    (a) Every health care plan written by a health maintenance organization and in force, issued, renewed, or amended on or after January 1, 1994,...
  • N.C. Gen. Stat. § 58-67-78.   Coverage of certain prescribed drugs for cancer treatment
    (a) No health care plan written by a health maintenance organization and in force, issued, renewed, or amended on or after January 1, 1994,...
  • N.C. Gen. Stat. § 58-67-79.   Coverage for reconstructive breast surgery following mastectomy
    (a) Every health care plan written by a health maintenance organization that is subject to this Article and that provides coverage for mastectomy shall...
  • N.C. Gen. Stat. § 58-67-80.   Meaning of terms "accident", "accidental injury", and "accidental means"
    (a) Effective October 1, 1989, this section applies to all health maintenance organization plans under this Article. (b) "Accident", "accidental injury", and "accidental means"...
  • N.C. Gen. Stat. § 58-67-85.   Master group contracts, filing requirement; required and prohibited provisions
    (a) A health maintenance organization may issue a master group contract with the approval of the Commissioner of Insurance provided the contract and the...
  • N.C. Gen. Stat. § 58-67-88.   Continuity of care
    (a) Definitions. - As used in this section: (1) "Ongoing special condition" means: a. In the case of an acute illness, a condition that...
  • N.C. Gen. Stat. § 58-67-90.   Licensing and regulation of agents
    Every agent of any HMO authorized to do business in this State under this Article is subject to the licensing provisions of Article 33...
  • N.C. Gen. Stat. § 58-67-95.   Powers of insurers and hospital and medical service corporations
    (a) An insurance company licensed in this State, or a hospital or medical service corporation authorized to do business in this State, may either...
  • N.C. Gen. Stat. § 58-67-100.   Examinations
    (a) The Commissioner may make an examination of the affairs of any health maintenance organization and the contracts, agreements or other arrangements pursuant to...
  • N.C. Gen. Stat. § 58-67-105.   Hazardous financial condition
    (a) Whenever the financial condition of any health maintenance organization indicates a condition such that the continued operation of the health maintenance organization might...
  • N.C. Gen. Stat. § 58-67-110.   Protection against insolvency
    (a) The Commissioner shall require deposits in accordance with the provisions of G.S. 58-67-25. (b) Each full service health maintenance organization shall maintain a...
  • N.C. Gen. Stat. § 58-67-115.   Hold harmless agreements or special deposit
    (a) Unless the HMO maintains a special deposit in accordance with subsection (b) of this section, each contract between every HMO and a participating...
  • N.C. Gen. Stat. § 58-67-120.   Continuation of benefits
    (a) The Commissioner shall require that each HMO have a plan for handling insolvency, which plan allows for continuation of benefits for the duration...
  • N.C. Gen. Stat. § 58-67-125.   Enrollment period
    (a) In the event of an insolvency of an HMO upon order of the Commissioner, all other carriers that participated in the enrollment process...
  • N.C. Gen. Stat. § 58-67-130.   Replacement coverage
    (a) Any carrier providing replacement coverage with respect to group hospital, medical, or surgical expense or service benefits, within a period of 60 days...
  • N.C. Gen. Stat. § 58-67-135.   Incurred but not reported claims
    (a) Every HMO shall, when determining liability, include an amount estimated in the aggregate to provide for any unearned premium and for the payment...
  • N.C. Gen. Stat. § 58-67-140.   Suspension or revocation of license
    (a) The Commissioner may suspend or revoke an HMO license if the Commissioner finds that the HMO: (1) Is operating significantly in contravention of...
  • N.C. Gen. Stat. § 58-67-145.   Rehabilitation, liquidation, or conservation of health maintenance organization
    Any rehabilitation, liquidation or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company...
  • N.C. Gen. Stat. § 58-67-150.   Regulations
    The Commissioner may, after notice and hearing, promulgate reasonable rules and regulations as are necessary or proper to carry out the provisions of this...
  • N.C. Gen. Stat. § 58-67-155.   Administrative procedures
    (a) When the Commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that...
  • N.C. Gen. Stat. § 58-67-160.   Fees
    Every health maintenance organization subject to this Article shall pay to the Commissioner a fee of five hundred dollars ($500.00) for filing an application...
  • N.C. Gen. Stat. § 58-67-165.   Penalties and enforcement
    (a) The Commissioner may, in addition to or in lieu of suspending or revoking a license under G.S. 58-67-140, proceed under G.S. 58-2-70, provided...
  • N.C. Gen. Stat. § 58-67-170.   Statutory construction and relationship to other laws
    (a) Except as otherwise provided in this Chapter, provisions of the insurance laws and service corporation laws do not apply to any health maintenance...
  • N.C. Gen. Stat. § 58-67-171.   Other laws applicable to HMOs
    The following provisions of this Chapter are applicable to HMOs that are subject to this Article: G.S. 58-2-125. Authority over all insurance companies; no...
  • N.C. Gen. Stat. § 58-67-175.   Filings and reports as public documents
    All applications, filings and reports required under this Article shall be treated as public documents. (1977, c. 580, s. 1; 1979, c. 876, s.
  • N.C. Gen. Stat. § 58-67-180.   Confidentiality of medical information
    Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such person or from any provider...
  • N.C. Gen. Stat. § 58-67-185.   Severability
    If any section, term, or provision of this Article shall be adjudged invalid for any reason, such judgments shall not affect, impair, or invalidate...

Article 68 - Health Insurance Portability and Accountability.

  • N.C. Gen. Stat. § 58-68-1 through 58-68-20.   Repealed by Session Laws 1997-259, s. 1(a)
  • N.C. Gen. Stat. § 58-68-25.   Definitions; excepted benefits; employer size rule
    (a) Definitions. - In addition to other definitions throughout this Article, the following definitions and their cognates apply in this Article: (1) "Bona fide...
  • N.C. Gen. Stat. § 58-68-30.   Increased portability through limitation on preexisting condition exclusions
    (a) Limitation on Preexisting Condition Exclusion Period; Crediting for Periods of Previous Coverage. - Subject to subsection (d) of this section, a group health...
  • N.C. Gen. Stat. § 58-68-35.   Prohibiting discrimination against individual participants and beneficiaries based on health status
    (a) In Eligibility To Enroll. - (1) In general. - Subject to subdivision (2) of this subsection, a group health insurer shall not establish...
  • N.C. Gen. Stat. § 58-68-40.   Guaranteed availability of coverage for employers in the small group market
    (a) Issuance of Coverage in the Small Group Market. - (1) In general. - Subject to subsections (c) through (f) of this section, each...
  • N.C. Gen. Stat. § 58-68-45.   Guaranteed renewability of coverage for employers in the group market
    (a) In General. - Except as provided in this section, if a health insurer offers health insurance coverage in the small or large group...
  • N.C. Gen. Stat. § 58-68-50.   Disclosure of information
    (a) Disclosure of Information by Health Insurers. - In connection with the offering of any health insurance coverage to a small employer, a health...
  • N.C. Gen. Stat. § 58-68-55.   Exclusion of certain plans
    (a) Exception for Certain Benefits. - The requirements of Subparts 1 and 2 of this Part do not apply to any group health insurance...
  • N.C. Gen. Stat. § 58-68-60.   Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage
    (a) Guaranteed Availability. - (1) In general. - Subject to the succeeding subsections of this section, each health insurer that offers health insurance coverage...
  • N.C. Gen. Stat. § 58-68-65.   Guaranteed renewability of individual health insurance coverage
    (a) In General. - Except as provided in this section, a health insurer that provides individual health insurance coverage to an individual shall renew...
  • N.C. Gen. Stat. § 58-68-70.   Certification of coverage
    G.S. 58-68-30(e) applies to health insurance coverage offered by a health insurer in the individual market in the same manner that it applies to...
  • N.C. Gen. Stat. § 58-68-75.   General exceptions
    (a) Exception for Certain Benefits. - This Part does not apply to any health insurance coverage in relation to its provision of excepted benefits...

Article 68A - Health Care Reform Planning.

  • N.C. Gen. Stat. § 58-68A-1 through 58-68A-10.   Repealed by Session Laws 1995 (Regular Session, 1996), c. 17, s. 16

Article 69 - Motor Clubs and Associations.

  • N.C. Gen. Stat. § 58-69-1.   Repealed by Session Laws 1999-132, s. 12.1
  • N.C. Gen. Stat. § 58-69-2.   Definitions
    As used in this Article: (1) "Branch or district office" means any physical location, other than a motor club's home office, that is used...
  • N.C. Gen. Stat. § 58-69-5.   License required
    No motor club, district or branch office of a motor club, or franchise motor club shall engage in business in this State unless it...
  • N.C. Gen. Stat. § 58-69-10.   Applications for licenses; fees; bonds or deposits
    Licenses hereunder shall be obtained by filing a written application with the Commissioner in such form and manner as the Commissioner shall require. As...
  • N.C. Gen. Stat. § 58-69-15.   Issuance or refusal of license; notice of hearing on refusal; renewal
    Within 60 days after an application for license is filed, the Commissioner shall issue a license to the applicant unless he shall find: (1)...
  • N.C. Gen. Stat. § 58-69-20.   Powers of Commissioner
    The Commissioner shall have the same powers and authority for the purpose of conducting investigations and hearings under this Article as that vested in...
  • N.C. Gen. Stat. § 58-69-25.   Hearing on denial of license
    Whenever the Commissioner denies an initial application for a license, he shall notify the applicant and advise, in writing, the applicant of the reasons...
  • N.C. Gen. Stat. § 58-69-30.   Agent for service of process
    Every motor club licensed hereunder shall appoint and maintain at all times an agent for service of process who shall be a resident of...
  • N.C. Gen. Stat. § 58-69-35.   Violations; penalty
    Any person, firm, association or corporation who shall violate any of the provisions of this Article shall be guilty of a Class 1 misdemeanor....
  • N.C. Gen. Stat. § 58-69-40.   Disposition of fees
    All fees collected by the Commissioner under this Article shall be credited to the Insurance Regulatory Fund created under G.S. 58-6-25. (1963, c. 698;...
  • N.C. Gen. Stat. § 58-69-45.   Insurance licensing provisions not affected
    Nothing in this Article shall be construed as amending, repealing, or in any way affecting any laws now in force relating to the licensing...
  • N.C. Gen. Stat. § 58-69-50.   Authority for qualified surety companies to guarantee certain arrest bond certificates
    (a) Any domestic or foreign surety company that is authorized to do business in this State may become a surety, by filing with the...
  • N.C. Gen. Stat. § 58-69-55.   Guaranteed arrest bond certificates accepted
    (a) Any guaranteed arrest bond certificate guaranteed by a surety company under G.S. 58-69-50 shall be accepted in lieu of cash bail or other...
  • N.C. Gen. Stat. § 58-69-60.   Notification of criminal or administrative actions
    (a) If an individual proprietor, officer, or partner of a motor club has been convicted in any court of competent jurisdiction for any crime...

Article 70 - Collection Agencies.

  • N.C. Gen. Stat. § 58-70-1.   Permit from Commissioner of Insurance; penalty for violation; exception
    No person, firm, corporation, or association shall conduct or operate a collection agency or do a collection agency business, as the same is hereinafter...
  • N.C. Gen. Stat. § 58-70-5.   Application to Commissioner for permit
    Any person, firm, corporation or association desiring to secure a permit as provided by G.S. 58-70-1, shall make application to the Commissioner of Insurance...
  • N.C. Gen. Stat. § 58-70-6.   Definitions
    For purposes of G.S. 58-70-5 and this section, the following definitions apply: (1) An "affiliate" of or a person "affiliated" with a specific person....
  • N.C. Gen. Stat. § 58-70-10.   Application to Commissioner for permit renewal
    Any person, firm, corporation or association desiring to renew a permit issued pursuant to G.S. 58-70-5 shall make application to the Commissioner of Insurance...
  • N.C. Gen. Stat. § 58-70-15.   Definition of collection agency and collection agency business
    (a) "Collection agency" means a person directly or indirectly engaged in soliciting, from more than one person delinquent claims of any kind owed or...
  • N.C. Gen. Stat. § 58-70-20.   Bond requirement
    (a) As a condition precedent to the issuance of any permit under this Article, every applicant for a permit shall file with the Commissioner...
  • N.C. Gen. Stat. § 58-70-25.   Record of business in State
    (a) Each person, firm, or corporation licensed as a collection agency in North Carolina shall keep a full and correct record of all business...
  • N.C. Gen. Stat. § 58-70-30.   Hearing granted applicant if application denied; appeal
    If, upon application, the Commissioner finds that the permit should not be issued or renewed and denies an application, he shall notify the applicant...
  • N.C. Gen. Stat. § 58-70-35.   Application fee; issuance of permit; contents and duration
    (a) Upon the filing of the application and information required by this Article, the applicant shall pay a nonrefundable fee of one thousand dollars...
  • N.C. Gen. Stat. § 58-70-40.   Restraining orders; criminal convictions; permit revocations; other permit requirements
    (a) When it appears to the Commissioner that any person has violated, is violating, or threatens to violate any provision of this Article, he...
  • N.C. Gen. Stat. § 58-70-45.   Disposition of permit fees
    All permit fees collected under this Article shall be credited to the Insurance Regulatory Fund created under G.S. 58-6-25. (1931, c. 217, s. 8;...
  • N.C. Gen. Stat. § 58-70-50.   All collection agencies to identify themselves in correspondence
    All collection agencies licensed under this Part to do the business of a collection agency in this State, shall in all correspondence with debtors...
  • N.C. Gen. Stat. § 58-70-55.   Office hours
    If an office of a duly licensed collection agency does not maintain normally accepted business hours, the hours the office is open shall be...
  • N.C. Gen. Stat. § 58-70-60.   Statements to be furnished each collection creditor
    (a) Acknowledgment of Accounts. - When any account is received for collection, the permit holder shall upon request furnish the collection creditor or forwarder...
  • N.C. Gen. Stat. § 58-70-65.   Remittance trust account
    (a) Each permit holder shall deposit, no later than two banking days after receipt, in a separate trust account in any bank located in...
  • N.C. Gen. Stat. § 58-70-70.   Receipt requirement
    (a) Whenever a payment is received in cash from a debtor, forwardee, or other person, an original receipt or an exact copy thereof shall...
  • N.C. Gen. Stat. § 58-70-75.   Creditor may request return of accounts
    The written request of a creditor or forwarder for the return of any account which is not in the actual process of collection shall...
  • N.C. Gen. Stat. § 58-70-80.   Return of accounts and all valuable papers upon termination of permit
    Whenever the permit of a collection agency is revoked, cancelled, or terminated for any reason, all accounts and valuable papers placed with the agency...
  • N.C. Gen. Stat. § 58-70-85.   Application of funds where there is a debtor-creditor relationship
    If a creditor has listed accounts with a permit holder for collection and also has had accounts on which he is debtor listed with...
  • N.C. Gen. Stat. § 58-70-90.   Definitions
    As used in this Part, the following terms have the meanings specified: (1) "Collection agency" means a collection agency as defined in G.S. 58-70-15...
  • N.C. Gen. Stat. § 58-70-95.   Threats and coercion
    No collection agency shall collect or attempt to collect any debt alleged to be due and owing from a consumer by means of any...
  • N.C. Gen. Stat. § 58-70-100.   Harassment
    No collection agency shall use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the...
  • N.C. Gen. Stat. § 58-70-105.   Unreasonable publication
    No collection agency shall unreasonably publicize information regarding a consumer's debt. Such unreasonable publication includes, but is not limited to, the following: (1) Any...
  • N.C. Gen. Stat. § 58-70-110.   Deceptive representation
    No collection agency shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation....
  • N.C. Gen. Stat. § 58-70-115.   Unfair practices
    No collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited...
  • N.C. Gen. Stat. § 58-70-120.   Unauthorized practice of law; court appearances
    Neither a collection agency nor any representative thereof who is not a duly licensed attorney shall engage in the practice of law. As used...
  • N.C. Gen. Stat. § 58-70-125.   Shared office space
    The office of a collection agency shall not be shared or have a common waiting room with a practicing attorney or any type of...
  • N.C. Gen. Stat. § 58-70-130.   Civil liability
    (a) Any collection agency which violates Part 3 of this Article with respect to any debtor shall be liable to that debtor in an...
  • N.C. Gen. Stat. § 58-70-145.   Complaint of a collection agency plaintiff must contain certain allegations
    In any cause of action that arises out of the conduct of a business for which a plaintiff must secure a permit pursuant to...
  • N.C. Gen. Stat. § 58-70-150.   Complaint of a debt buyer plaintiff must be accompanied by certain materials
    In addition to the requirements of G.S. 58-70-145, in any cause of action initiated by a debt buyer, as that term is defined in...
  • N.C. Gen. Stat. § 58-70-155.   Prerequisites to entering a default or summary judgment against a debtor under this Part
    (a) Prior to entry of a default judgment or summary judgment against a debtor in a complaint initiated by a debt buyer, the plaintiff...

Article 71 - Bail Bondsmen and Runners.

  • N.C. Gen. Stat. § 58-71-1.   Definitions
    The following definitions apply in this Article: (1) Accommodation bondsman. - A person who shall not charge a fee or receive any consideration for...
  • N.C. Gen. Stat. § 58-71-5.   Commissioner of Insurance to administer Article; rules and regulations; employees; evidence of Commissioner's actions
    (a) The Commissioner shall have full power and authority to administer the provisions of this Article, which regulates bail bondsmen and runners and to...
  • N.C. Gen. Stat. § 58-71-10.   Defects not to invalidate undertakings; liability not affected by agreement or lack of qualifications
    (a) No undertaking shall be invalid because of any defect of form, omission or recital or of condition, failure to note or record the...
  • N.C. Gen. Stat. § 58-71-15.   Qualifications of sureties on bail
    Each and every surety for the release of a person on bail shall be qualified as: (1) An insurer and represented by a surety...
  • N.C. Gen. Stat. § 58-71-16.   No return of premium; bond reduction
    Notwithstanding any other provision of law or rules adopted by the Commissioner under this Article, if, after an agreement has been entered into between...
  • N.C. Gen. Stat. § 58-71-20.   Surrender of defendant by surety; when premium need not be returned
    At any time before there has been a breach of the undertaking in any type of bail or fine and cash bond the surety...
  • N.C. Gen. Stat. § 58-71-25.   Procedure for surrender
    After there has been a breach of the undertaking in a bail bond, the surety may surrender the defendant as provided in G.S. 15A-540....
  • N.C. Gen. Stat. § 58-71-30.   Arrest of defendant for purpose of surrender
    For the purpose of surrendering the defendant, the surety may arrest him before the forfeiture of the undertaking, or by his written authority endorsed...
  • N.C. Gen. Stat. § 58-71-35.   Forfeiture of bail
    (a) Except for bonds issued to secure the return of a motor vehicle subject to forfeiture in accordance with G.S. 20-28.3(e), the procedure for...
  • N.C. Gen. Stat. § 58-71-40.   Bail bondsmen and runners to be qualified and licensed; license applications generally
    (a) No person shall act in the capacity of a professional bondsman, surety bondsman, or runner or perform any of the functions, duties, or...
  • N.C. Gen. Stat. § 58-71-41.   First-year licensees; limitations
    (a) Except as provided in this section, a first-year licensee shall have the same authority as other persons licensed as bail bondsmen or runners...
  • N.C. Gen. Stat. § 58-71-45.   Terms of licenses
    A license issued to a bail bondsman or to a runner authorizes the licensee to act in that capacity until the license is suspended...
  • N.C. Gen. Stat. § 58-71-50.   Qualification for bail bondsmen and runners
    (a) Criminal History Record Check. - Upon receipt of an application for a license as a bail bondsman or runner, the Commissioner shall conduct...
  • N.C. Gen. Stat. § 58-71-51.   Criminal history record checks
    (a) Authorization. - The Department of Justice may provide a criminal history record check to the Commissioner for a person who has applied to...
  • N.C. Gen. Stat. § 58-71-55.   License fees
    A nonrefundable license fee of two hundred dollars ($200.00) shall be paid to the Commissioner with each application for license as a bail bondsman...
  • N.C. Gen. Stat. § 58-71-60.   Repealed by Session Laws 1995 (Regular Session, 1996), c. 726, s. 6
  • N.C. Gen. Stat. § 58-71-65.   Contents of application for runner's license; endorsement by professional bondsman
    In addition to the other requirements of this Article, an applicant for a license to be a runner must affirmatively show: (1) That the...
  • N.C. Gen. Stat. § 58-71-70.   Examination; fees
    Each applicant for a license as a professional bondsman, surety bondsman, or runner shall appear in person and take an examination prepared by the...
  • N.C. Gen. Stat. § 58-71-71.   Examination; educational requirements; penalties
    (a) In order to be eligible to take the examination required to be licensed as a runner or bail bondsman under G.S. 58-71-70, each...
  • N.C. Gen. Stat. § 58-71-72.   Qualifications of instructors
    (a) A person who provides, presents, or instructs a prelicensing course or continuing education course under G.S. 58-71-71 must have a certificate of authority...
  • N.C. Gen. Stat. § 58-71-75.   License renewal; criminal history record checks; renewal fees
    (a) Annual Renewal. - A license of a bail bondsman and a license of a runner shall be renewed on July 1 of each...
  • N.C. Gen. Stat. § 58-71-80.   Grounds for denial, suspension, probation, revocation, or nonrenewal of licenses
    (a) The Commissioner may deny, place on probation, suspend, revoke, or refuse to renew any license issued under this Article, in accordance with the...
  • N.C. Gen. Stat. § 58-71-81.   Notice of receivership
    Upon the filing for protection under the United States Bankruptcy Code or any state receivership law by any bail bondsman licensed under this Article...
  • N.C. Gen. Stat. § 58-71-82.   Dual license holding
    If an individual holds a professional bondsman's license or a runner's license and a surety bondsman's license simultaneously, they are considered one license for...
  • N.C. Gen. Stat. § 58-71-85.   License sanction and denial procedures
    (a) The suspension or revocation of, or refusal to renew, any license under G.S. 58-71-80 shall be in accordance with the provisions of Chapter...
  • N.C. Gen. Stat. § 58-71-90.   Repealed by Session Laws 1999-132, s. 1.1
  • N.C. Gen. Stat. § 58-71-95.   Prohibited practices
    No bail bondsman or runner shall: (1) Pay a fee or rebate or give or promise anything of value, directly or indirectly, to a...
  • N.C. Gen. Stat. § 58-71-100.   Receipts for collateral; trust accounts
    (a) When a bail bondsman accepts collateral he shall give a written receipt for the collateral. The receipt shall give in detail a full...
  • N.C. Gen. Stat. § 58-71-105.   Persons prohibited from becoming surety or runners
    No sheriff, deputy sheriff, other law-enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of the General Court of Justice,...
  • N.C. Gen. Stat. § 58-71-110.   Bonds not to be signed in blank; authority to countersign only given to licensed employee
    A bail bondsman shall not sign nor countersign in blank bail bonds, nor shall he give a power of attorney to, or otherwise authorize,...
  • N.C. Gen. Stat. § 58-71-115.   Insurers to annually report surety bondsmen; notices of appointments and terminations; information confidential
    (a) Before July 1 of each year, every insurer shall furnish the Commissioner a list of all surety bondsmen appointed by the insurer to...
  • N.C. Gen. Stat. § 58-71-120.   Bail bondsman to give notice of discontinuance of business; cancellation of license
    Any bail bondsman who discontinues writing bail bonds during the period for which the bail bondsman is licensed shall return the license to the...
  • N.C. Gen. Stat. § 58-71-121.   Death, incapacitation, or incompetence of a bail bondsman
    In the case of death, incapacitation, or incompetence of a licensed bail bondsman, the spouse or surviving spouse, next of kin, person or persons...
  • N.C. Gen. Stat. § 58-71-122.   Transfer of business by bail bondsman
    A licensed professional bondsman may contract to transfer, convey, or assign the professional bondsman's business to another professional bondsman licensed under this Article. The...
  • N.C. Gen. Stat. § 58-71-125.   Persons eligible as runners; bail bondsmen to annually report runners; notices of appointments and terminations; information confidential
    Every person duly licensed as a bail bondsman may appoint as runner any person who has been issued runner's license. Each bail bondsman must,...
  • N.C. Gen. Stat. § 58-71-130.   Substituting bail by sureties for deposit
    If money or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the undertaking, and...
  • N.C. Gen. Stat. § 58-71-135.   Deposit for defendant admitted to bail authorizes release and cancellation of undertaking
    When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail, a...
  • N.C. Gen. Stat. § 58-71-140.   Registration of licenses and power of appointments by insurers
    (a) Before the date of the notice provided for in subsection (e) of this section, no professional bail bondsman shall become a surety on...
  • N.C. Gen. Stat. § 58-71-141.   Appointment of bail bondsmen; affidavit required
    (a) Before receiving an appointment, a surety bondsman shall submit to the Commissioner an affidavit, signed under oath, by the surety bondsman and by...
  • N.C. Gen. Stat. § 58-71-145.   Financial responsibility of professional bondsmen
    Each professional bondsman acting as surety on bail bonds in this State shall maintain a deposit of securities with and satisfactory to the Commissioner...
  • N.C. Gen. Stat. § 58-71-150.   Repealed by Session Laws 2005-240, s. 4, effective October 1, 2005, and applicable to all notices of applications denied by the Commissioner served on or after that date and to all notices of review outcomes served on or after that date
  • N.C. Gen. Stat. § 58-71-151.   Securities held in trust by Commissioner; authority to dispose of same
    The securities deposited by a professional bondsman with the Commissioner shall be held in trust for the protection and benefit of the holder of...
  • N.C. Gen. Stat. § 58-71-155.   Bondsman to furnish power of attorney with securities
    With the securities deposited with the Commissioner, the professional bondsman shall at the same time deliver to the Commissioner of Insurance a power of...
  • N.C. Gen. Stat. § 58-71-160.   Security deposit to be maintained
    (a) Any professional bondsman, whose security deposits with the Commissioner are, for any reason, reduced in value below the requirements of this Article, shall...
  • N.C. Gen. Stat. § 58-71-165.   Report required
    (a) Each professional bail bondsman shall file with the Commissioner a written report in a form prescribed by the Commissioner regarding all bail bonds...
  • N.C. Gen. Stat. § 58-71-167.   Portion of bond premium payments deferred
    (a) In any case where the agreement between principal and surety calls for some portion of the bond premium payments to be deferred or...
  • N.C. Gen. Stat. § 58-71-168.   Records to be maintained
    All records related to executing bail bonds, including bail bond registers, monthly reports, receipts, collateral security agreements, and memoranda of agreements, shall be kept...
  • N.C. Gen. Stat. § 58-71-170.   Examinations
    (a) Whenever the Commissioner considers it prudent, the Commissioner shall visit and examine or cause to be visited and examined by a competent person...
  • N.C. Gen. Stat. § 58-71-175.   Limit on principal amount of bond to be written by professional bondsman
    No professional bondsman shall become liable on any bond or multiple of bonds for any one individual that totals more than one-fourth of the...
  • N.C. Gen. Stat. § 58-71-180.   Disposition of fees
    Fees collected by the Commissioner pursuant to this Article shall be credited to the Insurance Regulatory Fund created under G.S. 58-6-25. (1963, c. 1225,...
  • N.C. Gen. Stat. § 58-71-185.   Penalties for violations
    Except as otherwise provided in this Article, any person who violates any of the provisions of this Article is guilty of a Class 1...
  • N.C. Gen. Stat. § 58-71-190.   Duplication of regulation forbidden
    No county, city or town in this State shall license or levy a license tax on bail bondsmen nor require such bondsmen to deposit...
  • N.C. Gen. Stat. § 58-71-195.   Conflicting laws
    Section 41.1 of Chapter 105 of the General Statutes of North Carolina and all laws and clauses of laws in conflict with the provisions...
  • N.C. Gen. Stat. § 58-71-200.   Bondsman access to criminal court records
    (a) In order to assist licensed sureties and their agents in evaluating potential and current clients for the purposes of bail, the Administrative Office...

Article 72 - Official Bonds.

  • N.C. Gen. Stat. § 58-72-1.   Irregularities not to invalidate
    When any instrument is taken by or received under the sanction of the board of county commissioners, or by any person or persons acting...
  • N.C. Gen. Stat. § 58-72-5.   Penalty for officer acting without bond
    Every person or officer of whom an official bond is required, who presumes to discharge any duty of his office before executing such bond...
  • N.C. Gen. Stat. § 58-72-10.   Condition and terms of official bonds
    Every treasurer, sheriff, coroner, register of deeds, surveyor, and every other officer of the several counties who is required by law to give a...
  • N.C. Gen. Stat. § 58-72-15.   When county may pay premiums on bonds
    In all cases where the officers or any of them named in G.S. 58-72-10 are required to give a bond, the county commissioners of...
  • N.C. Gen. Stat. § 58-72-20.   Annual examination of bonds; security strengthened
    The bonds of the officers named in G.S. 58-72-10 shall be carefully examined on the first Monday in December of every year, and if...
  • N.C. Gen. Stat. § 58-72-25.   Effect of failure to renew bond
    Upon the failure of any such officer to make such renewal of his bond, it is the duty of the board of commissioners, by...
  • N.C. Gen. Stat. § 58-72-30.   Justification of sureties
    Every surety on an official bond required by law to be taken or renewed and approved by the board of commissioners shall take and...
  • N.C. Gen. Stat. § 58-72-35.   Compelling justification before judge; effect of failure
    When oath is made before any judge of the superior court by five respectable citizens of any county within his district that after diligent...
  • N.C. Gen. Stat. § 58-72-40.   Successor bonded; official bonds considered liabilities
    The person so appointed shall give bond before the judge, and the bond so given shall in all respects be subject to the requirements...
  • N.C. Gen. Stat. § 58-72-45.   Judge to file statement of proceedings with commissioners
    When a vacancy is declared by the judge, he shall file a written statement of all his proceedings with the clerk of the board...
  • N.C. Gen. Stat. § 58-72-50.   Approval, acknowledgment and custody of bonds
    The approval of all official bonds taken or renewed by the board of commissioners shall be recorded by the clerk to the board. Every...
  • N.C. Gen. Stat. § 58-72-55.   Clerk records vote approving bond; penalty for neglect
    It is the duty of the clerk of the board of commissioners to record in the proceedings of the board the names of those...
  • N.C. Gen. Stat. § 58-72-60.   When commissioner liable as surety
    Every commissioner who approves an official bond, which he knows to be, or which by reasonable diligence he could have discovered to have been,...
  • N.C. Gen. Stat. § 58-72-65.   Record of board conclusive as to facts stated
    In all actions under G.S. 58-72-60 a copy of the proceedings of the board of commissioners in the particular case, certified by their clerk...
  • N.C. Gen. Stat. § 58-72-70.   Person required to approve bond not to be surety
    No member of the board of commissioners, or any other person authorized to take official bonds, shall sign as surety on any official bond...

Article 73 - Bonds in Surety Company.

  • N.C. Gen. Stat. § 58-73-1.   State officers may be bonded in surety company
    All persons who are required to give bond to the State of North Carolina to be received by the Governor or by any department...
  • N.C. Gen. Stat. § 58-73-5.   When surety company sufficient surety on bonds and undertakings
    A bond or undertaking by the laws of North Carolina required or permitted to be given by a public official, fiduciary, or a party...
  • N.C. Gen. Stat. § 58-73-10.   Clerk to notify county commissioners of condition of company
    Each clerk of the superior court shall furnish the chairman of the board of county commissioners of his county with notice of each surety...
  • N.C. Gen. Stat. § 58-73-15.   Release of company from liability
    A company executing such bond, obligation or undertaking, may be released from its liability or security on the same terms as are or may...
  • N.C. Gen. Stat. § 58-73-20.   Company not to plead ultra vires
    Any company which executes any bond, obligation or undertaking under the provisions of this Article is estopped, in any proceeding to enforce the liability...
  • N.C. Gen. Stat. § 58-73-25.   Failure to pay judgment is forfeiture
    If a surety company against which a judgment is recovered fails to discharge the same within 60 days from the time such final judgment...
  • N.C. Gen. Stat. § 58-73-30.   On presentation of proper bond officer to be inducted
    Upon presentation to the person authorized by law to take, accept and file official bonds, of any bond duly executed in the penal sum...
  • N.C. Gen. Stat. § 58-73-35.   Expense of fiduciary bond charged to fund
    A receiver, assignee, trustee, committee, guardian, executor or administrator, or other fiduciary required by law to give a bond as such, may include as...

Article 74 - Mortgage in Lieu of Bond.

  • N.C. Gen. Stat. § 58-74-1.   Mortgage in lieu of required bond
    An administrator, executor, guardian, collector or receiver, or an officer required to give an official bond, or the agent or surety of such person...
  • N.C. Gen. Stat. § 58-74-5.   Mortgage in lieu of security for appearance, costs, or fine
    Any person required to give a bond or undertaking, or required to enter into a recognizance for his appearance at any court, in any...
  • N.C. Gen. Stat. § 58-74-10.   Cancellation of mortgage in such proceedings
    Any mortgage given by any person in lieu of bond as administrator, executor, guardian, collector, receiver or as an officer required to give an...
  • N.C. Gen. Stat. § 58-74-15.   Validating statute
    All acts heretofore done by the several superior court clerks, cancelling or satisfying any mortgage, or other instruments, herein mentioned and specified are hereby...
  • N.C. Gen. Stat. § 58-74-20.   Clerk of court may give surety by mortgage deposited with register
    In all cases where the clerk of the superior court may be required to give surety, he may deposit a mortgage with the register...
  • N.C. Gen. Stat. § 58-74-25.   Mortgage in lieu of bond to prosecute or defend in civil case
    It is lawful for any person desiring to commence any civil action or special proceeding, or to defend the same, his agent or surety,...
  • N.C. Gen. Stat. § 58-74-30.   Affidavit of value of property required
    In all cases where a mortgage is executed, as hereinbefore permitted, it is the duty of the clerk of the court in which it...
  • N.C. Gen. Stat. § 58-74-35.   When additional security required
    If, from any cause, the property mortgaged in lieu of a bond becomes of less value than the amount of the bond in lieu...

Article 75 - Deposit in Lieu of Bond.

  • N.C. Gen. Stat. § 58-75-1.   Deposit of cash or securities in lieu of bond; conditions and requirements
    In lieu of any written undertaking or bond required by law in any matter, before any court of the State, the party required to...

Article 76 - Actions on Bonds.

  • N.C. Gen. Stat. § 58-76-1.   Bonds in actions payable to court officer may be sued on in name of State
    Bonds and other obligations taken in the course of any proceeding at law, under the direction of the court, and payable to any clerk,...
  • N.C. Gen. Stat. § 58-76-5.   Liability and right of action on official bonds
    Every person injured by the neglect, misconduct, or misbehavior in office of any register, surveyor, sheriff, coroner, county treasurer, or other officer, may institute...
  • N.C. Gen. Stat. § 58-76-10.   Complaint must show party in interest; election to sue officer individually
    Any person who brings suit in manner aforesaid shall state in his complaint on whose relation and in whose behalf the suit is brought,...
  • N.C. Gen. Stat. § 58-76-15.   Summary remedy on official bond
    When a sheriff, coroner, clerk, county or town treasurer, or other officer, collects or receives any money by virtue or under color of his...
  • N.C. Gen. Stat. § 58-76-20.   Officer unlawfully detaining money liable for damages
    When money received as aforesaid is unlawfully detained by any of said officers, and the same is sued for in any mode whatever, the...
  • N.C. Gen. Stat. § 58-76-25.   Evidence against principal admissible against sureties
    In actions brought upon the official bonds of clerks of courts, sheriffs, coroners, or other public officers, and also upon the bonds of executors,...
  • N.C. Gen. Stat. § 58-76-30.   Officer liable for negligence in collecting debt
    When a claim is placed in the hands of any sheriff or coroner for collection, and he does not use due diligence in collecting...

Article 77 - Guaranteed Arrest Bond Certificates of Automobile Clubs and Associations in Lieu of Bond.

  • N.C. Gen. Stat. § 58-77-1 through 58-77-5.   Repealed by Session Laws 1999-132, s. 12.1, effective June 4, 1999

Article 78 - State Fire and Rescue Commission.

  • N.C. Gen. Stat. § 58-78-1.   State Fire and Rescue Commission created; membership
    (a) There is created the State Fire and Rescue Commission of the Department, which shall be composed of 15 voting members to be appointed...
  • N.C. Gen. Stat. § 58-78-5.   State Fire and Rescue Commission - Powers and duties
    (a) The Commission shall have the following powers and duties: (1) To formally adopt a State Fire Education and Training Plan, a State Master...
  • N.C. Gen. Stat. § 58-78-10.   State Fire and Rescue Commission - Organization; rules and regulations; meetings
    (a) Organization. - The Commission shall elect from its voting members a chairman and vice-chairman to serve as provided by the rules adopted by...
  • N.C. Gen. Stat. § 58-78-15.   State Fire and Rescue Commission; staff
    (a) There shall be an executive director nominated by the Commission with direct responsibilities to the Commission, who shall be appointed by the Commissioner....
  • N.C. Gen. Stat. § 58-78-20.   State Fire and Rescue Commission - Fiscal affairs
    All funds for the operation of the Commission and its staff shall be appropriated to the Department. All such funds shall be held in...

Article 79 - Investigation of Fires and Inspection of Premises.

  • N.C. Gen. Stat. § 58-79-1.   Fires investigated; reports; records
    The Attorney General, through the State Bureau of Investigation, and the chief of the fire department, or chief of police where there is no...
  • N.C. Gen. Stat. § 58-79-5.   Attorney General to make examination; arrests and prosecution
    It is the duty of the Attorney General to examine, or cause examination to be made, into the cause, circumstances, and origin of all...
  • N.C. Gen. Stat. § 58-79-10.   Powers of Attorney General in investigations
    The Attorney General, or his deputy appointed to conduct such examination, has the powers of a trial justice for the purpose of summoning and...
  • N.C. Gen. Stat. § 58-79-15.   Failure to comply with summons or subpoena
    The failure of a person to comply with a summons or subpoena of the Attorney General or his deputy under G.S. 58-79-10 shall be...
  • N.C. Gen. Stat. § 58-79-20.   Inspection of premises; dangerous material removed
    The Commissioner of Insurance, or the chief of fire department or chief of police where there is no chief of fire department, or the...
  • N.C. Gen. Stat. § 58-79-22.   Door lock exemption permit
    Any business entity licensed to sell automatic weapons as a federal firearms dealer that is in the business of selling firearms or ammunition and...
  • N.C. Gen. Stat. § 58-79-25.   Deputy investigators
    It shall be the duty of the Attorney General to appoint two or more persons as deputies, whose particular duty it shall be to...
  • N.C. Gen. Stat. § 58-79-30.   Repealed by Session Laws 1999-456, s. 66
  • N.C. Gen. Stat. § 58-79-35.   Fire prevention and Fire Prevention Day
    It is the duty of the Commissioner of Insurance, the Superintendent of Public Instruction and the State Board of Education to provide a pamphlet...
  • N.C. Gen. Stat. § 58-79-40.   Insurance company to furnish information
    (a) The chief of any municipal fire or police department, county fire marshal or sheriff, or special agent of the State Bureau of Investigation...
  • N.C. Gen. Stat. § 58-79-45.   Fire incident reports
    (a) Whenever a fire department responds to a fire, the chief of that department shall complete or cause to be completed a fire incident...

Article 80 - State Volunteer Fire Department.

  • N.C. Gen. Stat. § 58-80-1.   Purpose of Article; meaning of "State Fire Marshal"
    The purpose of this Article shall be the creation of a State Volunteer Fire Department to provide protection for property lying outside the boundaries...
  • N.C. Gen. Stat. § 58-80-5.   Personnel
    The personnel of the North Carolina State Volunteer Fire Department shall consist of all active members of the organized fire departments, who are members...
  • N.C. Gen. Stat. § 58-80-10.   Organization
    The North Carolina State Fire Marshal shall be chief of the State Volunteer Fire Department; regular municipal fire chiefs shall be assistant chiefs; assistant...
  • N.C. Gen. Stat. § 58-80-15.   Acceptance by municipalities
    Any municipality having an organized fire department and desiring to participate in the establishment of the State Volunteer Fire Department, may do so by...
  • N.C. Gen. Stat. § 58-80-20.   Withdrawal
    Any municipality which has accepted the provisions of this Article may withdraw its fire departments from membership in the State Volunteer Fire Department by...
  • N.C. Gen. Stat. § 58-80-25.   Dispatching firemen and apparatus from municipalities
    Municipalities endorsing this Article shall retain full and complete control and authority in sending or permitting firemen and apparatus to go beyond the limits...
  • N.C. Gen. Stat. § 58-80-30.   No authority in State Volunteer Fire Department to render assistance to nonaccepting counties
    The State Volunteer Fire Department shall not have authority to render assistance in any emergency occurring within a county which has not accepted the...
  • N.C. Gen. Stat. § 58-80-35.   Acceptance by counties
    Any county desiring to accept the benefits of this Article may do so by resolution of the board of county commissioners. Any such county...
  • N.C. Gen. Stat. § 58-80-40.   Municipalities not to be left unprotected
    At no time shall the entire personnel or equipment of any municipal fire department be absent from the municipality in response to a call...
  • N.C. Gen. Stat. § 58-80-45.   Rights and privileges of firemen; liability of municipality
    When responding to a call and while working at a fire or other emergency outside the limits of the municipality by which they are...
  • N.C. Gen. Stat. § 58-80-50.   Relief in case of injury or death
    In case of injury or death of any member of the State Volunteer Fire Department arising out of and in the course of the...
  • N.C. Gen. Stat. § 58-80-55.   Local appropriations
    Each county and municipality is authorized to make appropriations for the purposes of this Article and to fund them by levy of property taxes...
  • N.C. Gen. Stat. § 58-80-60.   Sums from contingent fund of State made available for administration of Article
    In order to assist in carrying out the purposes of the Article the Governor may, from time to time, make provisions for assistance to...

Article 81 - Hotels; Safety Provisions.

  • N.C. Gen. Stat. § 58-81-1.   Repealed by Session Laws 1995, c. 517, s. 33
  • N.C. Gen. Stat. § 58-81-5.   Careless or negligent setting of fires
    Any person who in any fashion or manner negligently or carelessly sets fire to any bedding, furniture, draperies, house or household furnishings or other...
  • N.C. Gen. Stat. § 58-81-10.   Penalty for noncompliance
    Any owner, owners, proprietor or keeper of any hotel or other building of like occupancy who fails to comply with any of the foregoing...
  • N.C. Gen. Stat. § 58-81-15.   Construction of Article
    Nothing in this Article shall be construed to limit powers granted to and duties imposed upon the chiefs of fire departments and building inspectors...

Article 82 - Authority and Liability of Firemen.

  • N.C. Gen. Stat. § 58-82-1.   Authority of firemen; penalty for willful interference with firemen
    Members and employees of county, municipal corporation, fire protection district, sanitary district or privately incorporated fire departments shall have authority to do all acts...
  • N.C. Gen. Stat. § 58-82-5.   Liability limited
    (a) For the purpose of this section, a "rural fire department" means a bona fide fire department incorporated as a nonprofit corporation which under...

Article 82A - Pyrotechnics Training and Permitting.

  • N.C. Gen. Stat. § 58-82A-1.   State Fire Marshal establish pyrotechnic safety guidelines
    (a) Guidelines. - The Commissioner of Insurance through the Office of the State Fire Marshal, in consultation with the State Fire and Rescue Commission,...
  • N.C. Gen. Stat. § 58-82A-1.1.   Definitions
    The following definitions apply in this Article: (1) Assistant display operator. - An individual who, under the supervision of the display operator, assists with...
  • N.C. Gen. Stat. § 58-82A-1.5.   Commissioner of Insurance to administer Article; rules; employees; evidence of Commissioner's action
    (a) The Commissioner shall have full power and authority to administer the provisions of this Article, which establishes guidelines for the use, handling, exhibiting,...
  • N.C. Gen. Stat. § 58-82A-2.   Individual training requirements
    An individual may not use, handle, exhibit, or discharge pyrotechnics in connection with a concert or public exhibition, as allowed under Article 54 of...
  • N.C. Gen. Stat. § 58-82A-2.1.   Require licenses
    (a) No person shall obtain a pyrotechnics permit under Article 54 of Chapter 14 of the General Statutes unless the person possesses the appropriate...
  • N.C. Gen. Stat. § 58-82A-2.5.   Terms of licenses
    A license issued to a pyrotechnics display operator, a proximate audience display operator, or an assistant display operator under this Article authorizes the licensee...
  • N.C. Gen. Stat. § 58-82A-3.   Pyrotechnics display operator license
    (a) License Required. - A display operator license issued by the Commissioner is required for an individual to obtain the necessary authorization under Article...
  • N.C. Gen. Stat. § 58-82A-10.   Proximate audience display operator license
    A proximate audience display operator license issued by the Commissioner is required for an individual to obtain the necessary authorization under Article 54 of...
  • N.C. Gen. Stat. § 58-82A-15.   Assistant display operator license
    (a) No person shall assist a pyrotechnics display operator or a proximate audience display operator with the exhibition, use, handling, or discharge of pyrotechnics...
  • N.C. Gen. Stat. § 58-82A-20.   License fees
    (a) A nonrefundable license fee of one hundred dollars ($100.00) shall be paid by the applicant to the Commissioner at the time of each...
  • N.C. Gen. Stat. § 58-82A-25.   Qualifications for event employees
    Notwithstanding the provisions of this Article, the Commissioner or the fire code official for the jurisdiction issuing the pyrotechnics permit under G.S. 14-413 may...
  • N.C. Gen. Stat. § 58-82A-30.   Examination fees
    (a) Each applicant for a license as a pyrotechnic display operator, a proximate audience display operator, or assistant display operator shall take a written...
  • N.C. Gen. Stat. § 58-82A-35.   Renewal fees
    (a) To renew a license as a pyrotechnics display operator, a proximate audience display operator, or an assistant display operator, a licensee shall make...
  • N.C. Gen. Stat. § 58-82A-40.   Dual license holding
    If any individual holds more than one license issued under this Article simultaneously, all licenses are considered one license for the purpose of disciplinary...
  • N.C. Gen. Stat. § 58-82A-45.   Reciprocity
    The Commissioner may issue a license under this Article to an individual who holds a comparable valid permit, license, or certification issued by another...
  • N.C. Gen. Stat. § 58-82A-50.   Discipline
    The Commissioner may deny, suspend, revoke, or refuse to renew any license under this Article if any of the following apply: (1) The licensee...
  • N.C. Gen. Stat. § 58-82A-55.   License sanction and denial procedures
    (a) The suspension or revocation of, or refusal to renew, any license under this Article may be contested in accordance with the provisions of...

Article 83 - Mutual Aid between Fire Departments.

  • N.C. Gen. Stat. § 58-83-1.   Authority to send firemen and apparatus beyond territorial limits; privileges and immunities
    A county, municipal corporation, fire protection district, sanitary district or incorporated fire department shall have full authority to send, or to decline to send,...

Article 84 - Fund Derived from Insurance Companies.

  • N.C. Gen. Stat. § 58-84-1.   Repealed by Session Laws 2006-196, s. 6, effective January 1, 2008, and applicable to proceeds credited to the Department of Insurance on or after that date
  • N.C. Gen. Stat. § 58-84-5.   Definitions
    The following definitions apply in Articles 84 through 88 of this Chapter: (1) City. - A fire district. (2) Clerk. - The clerk of...
  • N.C. Gen. Stat. § 58-84-10 through 58-84-20.   Repealed by Session Laws 1995 (Regular Session, 1996), c. 747, s. 6
  • N.C. Gen. Stat. § 58-84-25.   Disbursement of funds by Insurance Commissioner
    (a) Distribution. - The Insurance Commissioner shall deduct the sum of three percent (3%) from the tax proceeds credited to the Department pursuant to...
  • N.C. Gen. Stat. § 58-84-30.   Trustees appointed; organization
    For each county, town or city complying with and deriving benefits from the provisions of this Article, there shall be appointed a local board...
  • N.C. Gen. Stat. § 58-84-35.   Disbursement of funds by trustees
    The board of trustees shall have entire control of the funds derived from the provisions of this Article, and shall disburse the funds only...
  • N.C. Gen. Stat. § 58-84-40.   Trustees to keep account and file certified reports
    (a) Each local board of trustees shall keep a correct account of all moneys received and disbursed by them. On a form prescribed by...
  • N.C. Gen. Stat. § 58-84-45.   Repealed by Session Laws 2000-67, s. 26.21(a)
  • N.C. Gen. Stat. § 58-84-46.   Certification to Commissioner
    On or before October 31 of each year the clerk or finance officer of each city or county that has a local board of...
  • N.C. Gen. Stat. § 58-84-50.   Fire departments to be members of State Firemen's Association
    For the purpose of supervision and as a guaranty that provisions of this Article shall be honestly administered in a businesslike manner, it is...
  • N.C. Gen. Stat. § 58-84-55.   No discrimination on account of race
    The local boards of trustees of the Firefighters' Relief Fund shall make no discrimination based upon race in the payment of benefits. (1907, c....
  • N.C. Gen. Stat. § 58-84-60.   Immunity
    A person serving on a local board of trustees of the Firefighters' Relief Fund shall be immune individually from civil liability for monetary damages,...

Article 85 - State Appropriation.

  • N.C. Gen. Stat. § 58-85-1.   Application of fund
    The money paid into the hands of the treasurer of the North Carolina State Firemen's Association shall be known and remain as the "Firefighters'...
  • N.C. Gen. Stat. § 58-85-5.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 58-85-10.   Treasurer to file report and give bond
    The treasurer of the North Carolina State Firemen's Association shall make a detailed report to the State Treasurer of the yearly expenditures of the...
  • N.C. Gen. Stat. § 58-85-15.   Who shall participate in the fund
    The line of duty entitling one to participate in the fund shall be so construed as to mean actual fire duty only, and any...
  • N.C. Gen. Stat. § 58-85-20.   Who may become members
    Any organized fire company in North Carolina, holding itself ready for duty, may, upon compliance with the requirements of its constitution and bylaws, become...
  • N.C. Gen. Stat. § 58-85-25.   Applied to members of regular fire company
    G.S. 58-85-1, 58-85-10, 58-85-15, 58-85-20, and 58-85-25 shall apply to any fireman or fire marshal who is a member of a regularly organized fire...
  • N.C. Gen. Stat. § 58-85-30.   Treasurer to pay fund to Volunteer Firemen's Association
    (a) The treasurer of the North Carolina State Firemen's Association shall pay to the treasurer of the North Carolina State Volunteer Firemen's Association one...

Article 85A - State Fire Protection Grant Fund.

  • N.C. Gen. Stat. § 58-85A-1.   Creation of Fund; allocation to local fire districts and political subdivisions of the State
    (a) There is created in the Department of Insurance the State Fire Protection Grant Fund. The purpose of the Fund is to compensate local...

Article 86 - North Carolina Firefighters' and Rescue Squad Workers' Pension Fund.

  • N.C. Gen. Stat. § 58-86-1.   Fund established; administration by board of trustees; rules and regulations
    For the purpose of furthering the general welfare and police powers and obligations of the State with respect to the protection of all its...
  • N.C. Gen. Stat. § 58-86-2.   Definitions
    The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, shall have the following...
  • N.C. Gen. Stat. § 58-86-5.   Repealed by Session Laws 2013-284, s. 1(a), effective July 1, 2013
  • N.C. Gen. Stat. § 58-86-6.   Firefighters' and Rescue Squad Workers' Pension Fund Advisory Panel
    There is created an advisory panel to be known as the Firefighters' and Rescue Squad Workers' Pension Fund Advisory Panel, hereinafter referred to as...
  • N.C. Gen. Stat. § 58-86-10.   Powers and duties of the board
    The Board of Trustees of the North Carolina Local Governmental Employees' Retirement System shall administer the Pension Fund. The board shall request appropriations out...
  • N.C. Gen. Stat. § 58-86-11.   Powers and duties of the advisory panel
    The advisory panel shall meet at least once annually upon call of the chair. The advisory panel shall have no administrative authority but shall...
  • N.C. Gen. Stat. § 58-86-15.   Repealed by Session Laws 2013-284, s. 1(a), effective July 1, 2013
  • N.C. Gen. Stat. § 58-86-20.   State Treasurer to be custodian of fund; appropriations; contributions to fund; expenditures
    The State Treasurer shall be the custodian of the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund and shall invest its assets in...
  • N.C. Gen. Stat. § 58-86-25.   Determination and certification of eligible firefighters
    Eligible firefighters must attend 36 hours of training sessions in each calendar year. Each eligible fire department shall annually determine and report the names...
  • N.C. Gen. Stat. § 58-86-35.   Firefighters' application for membership in fund; monthly payments by members; payments credited to separate accounts of members; termination of membership
    Those firefighters who are eligible pursuant to G.S. 58-86-25 may apply to the board for membership. Each firefighter upon becoming a member of the...
  • N.C. Gen. Stat. § 58-86-40.   Rescue squad worker's application for membership in funds; monthly payments by members; payments credited to separate accounts of members; termination of membership
    Those rescue squad workers eligible pursuant to G.S. 58-86-30 may apply to the board for membership. Each eligible rescue squad worker upon becoming a...
  • N.C. Gen. Stat. § 58-86-45.   Additional retroactive membership
    (a) Repealed by Session Laws 2013-284, s. 1(a), effective July 1, 2013. (a1) Any firefighter or rescue squad worker who is a current or...
  • N.C. Gen. Stat. § 58-86-50.   Repealed by Session Laws 2009-66, s. 2.(g), effective July 1, 2009
  • N.C. Gen. Stat. § 58-86-55.   Monthly pensions upon retirement
    Any member who has served 20 years as an "eligible firefighter" or "eligible rescue squad worker" in the State of North Carolina, as provided...
  • N.C. Gen. Stat. § 58-86-60.   Payments in lump sums
    The board shall direct payment in lump sums from the fund in the following cases: (1) To any firefighter or rescue squad worker upon...
  • N.C. Gen. Stat. § 58-86-65.   Pro rata reduction of benefits when fund insufficient to pay in full
    If, for any reason, the fund created and made available for any purpose covered by this Article shall be insufficient to pay in full...
  • N.C. Gen. Stat. § 58-86-70.   Provisions subject to future legislative change
    These pensions shall be subject to future legislative change or revision, and no member of the fund, or any person, is deemed to have...
  • N.C. Gen. Stat. § 58-86-75.   Determination of creditable service; information furnished by applicants for membership
    The board shall determine by appropriate rules and regulations the number of years' credit for service of firefighters and rescue squad workers. Firefighters and...
  • N.C. Gen. Stat. § 58-86-80.   Length of service not affected by serving in more than one department or squad; transfer from one department or squad to another
    A firefighter's or rescue squad worker's length of service shall not be affected by the fact that he or she may have served with...
  • N.C. Gen. Stat. § 58-86-85.   Repealed by Session Laws 2005-91, s. 13, effective July 1, 2005, and Session Laws 2005-281, s. 1.1, effective August 18, 2005
  • N.C. Gen. Stat. § 58-86-90.   Exemptions of pensions from attachment; rights nonassignable
    Except for the applications of the provisions of G.S. 110-136, and in connection with a court-ordered equitable distribution under G.S. 50-20, the pensions provided...
  • N.C. Gen. Stat. § 58-86-91.   Repealed by Session Laws 2013-284, s. 1(a), effective July 1, 2013
  • N.C. Gen. Stat. § 58-86-95.   Leaves of absence; inactive membership
    (a) Any member who resigns as an eligible firefighter or an eligible rescue squad worker, whichever is applicable, may withdraw from the fund and...
  • N.C. Gen. Stat. § 58-86-100.   Forfeiture of retirement benefits for certain felonies that would bring disrepute on a fire department or rescue squad
    (a) Except as provided in G.S. 58-86-95(h), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of...

Article 87 - Volunteer Safety Workers Assistance.

  • N.C. Gen. Stat. § 58-87-1.   Volunteer Fire Department Fund
    (a) Fund. - The Volunteer Fire Department Fund is created as an interest-bearing, nonreverting fund in the Department to provide matching grants to volunteer...
  • N.C. Gen. Stat. § 58-87-5.   Volunteer Rescue/EMS Fund
    (a) There is created in the Department of Insurance the Volunteer Rescue/EMS Fund to provide grants to volunteer rescue units providing rescue or rescue...
  • N.C. Gen. Stat. § 58-87-7.   Oversight and accountability of grant awards
    To increase accountability and to expedite receipt of certain grant awards, notwithstanding any other provision, the Office of the State Fire Marshal and other...
  • N.C. Gen. Stat. § 58-87-10.   Workers' Compensation Fund for the benefit of volunteer safety workers
    (a) Definition. - As used in this section, the term "eligible unit" means a volunteer fire department or volunteer rescue/EMS unit that is not...

Article 88 - Rescue Squad Workers' Relief Fund.

  • N.C. Gen. Stat. § 58-88-1.   Definitions
    As used in this Article: (1) "Association" means the North Carolina Association of Rescue and Emergency Medical Services, Inc. (2) "Board" means the Board...
  • N.C. Gen. Stat. § 58-88-5.   Rescue Squad Workers' Relief Fund; trustees; disbursement of funds
    (a) The "Rescue Squad Workers' Relief Fund" is created. It consists of the revenue credited to the Fund under G.S. 20-183.7(c) and shall be...
  • N.C. Gen. Stat. § 58-88-10.   Membership eligibility
    (a) Any member of a rescue squad or EMS service who is eligible for membership in the Association and who has attended a minimum...
  • N.C. Gen. Stat. § 58-88-15.   Accounting; reports; audits
    The Board shall keep a correct account of all monies received and disbursed by the Board; and shall annually file a report with the...
  • N.C. Gen. Stat. § 58-88-20.   Justification of claim
    The eligibility of the claimant and the justification of each claim shall be certified by the chief or chief officer of the local department...
  • N.C. Gen. Stat. § 58-88-25.   Application for benefits
    Applications for benefits from the Fund shall be made to the Secretary-Treasurer under the following conditions and procedure: Within 30 days after the contracting...
  • N.C. Gen. Stat. § 58-88-30.   Administration costs
    The Association shall withhold twelve percent (12%) from the money received pursuant to G.S. 20-183.7(c) for the administration of the Fund. The Commissioner of...

Article 89 - Repealed

  • N.C. Gen. Stat. § 58-89-1 through 58-89-30.   Repealed by Session Laws 2004-162, s. 1, effective January 1, 2005
  • N.C. Gen. Stat. § 58-89-1 through 58-89-30.   Repealed by Session Laws 2004-162, s. 1, effective January 1, 2005
  • N.C. Gen. Stat. § 58-89-1 through 58-89-30.   Repealed by Session Laws 2004-162, s. 1, effective January 1, 2005
  • N.C. Gen. Stat. § 58-89-1 through 58-89-30.   Repealed by Session Laws 2004-162, s. 1, effective January 1, 2005
  • N.C. Gen. Stat. § 58-89-1 through 58-89-30.   Repealed by Session Laws 2004-162, s. 1, effective January 1, 2005
  • N.C. Gen. Stat. § 58-89-1 through 58-89-30.   Repealed by Session Laws 2004-162, s. 1, effective January 1, 2005
  • N.C. Gen. Stat. § 58-89-1 through 58-89-30.   Repealed by Session Laws 2004-162, s. 1, effective January 1, 2005

Article 89A - North Carolina Professional Employer Organization Act.

  • N.C. Gen. Stat. § 58-89A-1.   Title
    This Article shall be known and may be cited as the "North Carolina Professional Employer Organization Act". (2002-168, s. 8; 2004-162, s. 1.)
  • N.C. Gen. Stat. § 58-89A-5.   Definitions
    In this Article: (1) "Applicant" means a person applying for a license or a group license under this Article. (2) "Assigned employee" means an...
  • N.C. Gen. Stat. § 58-89A-10.   Repealed by Session Laws 2008-124, s. 7.3, effective October 1, 2008
  • N.C. Gen. Stat. § 58-89A-15.   Rules
    (a) The Commissioner may adopt rules necessary to implement, administer, and enforce the provisions of this Article. (b) Each licensee and each person subject...
  • N.C. Gen. Stat. § 58-89A-20.   Interagency cooperation
    A State agency, in performing duties under other law that affects the regulation of professional employer services, shall cooperate with the Commissioner as necessary...
  • N.C. Gen. Stat. § 58-89A-25.   Effect of other law on client companies and assigned employees
    (a) This Article does not exempt a client company of a licensee, or any assigned employee, from any other license requirements imposed under local,...
  • N.C. Gen. Stat. § 58-89A-30.   Other provisions of this chapter
    G.S. 58-2-45, 58-2-50, 58-2-55, 58-2-60, 58-2-65, 58-2-69, 58-2-70, 58-2-75, 58-2-100, 58-2-155, 58-2-163, 58-2-180, 58-2-185, 58-2-200, 58-2-240, and 58-3-100 shall apply to all persons licensed...
  • N.C. Gen. Stat. § 58-89A-31.   Tax credits and other incentives
    For purposes of determination of tax credits and other economic incentives provided by the State or a political subdivision and based on employment, covered...
  • N.C. Gen. Stat. § 58-89A-35.   License required; professional employer organization groups
    (a) No person shall engage in or offer professional employer services in this State unless the person holds a license issued under this Article....
  • N.C. Gen. Stat. § 58-89A-40.   Qualifications for controlling person
    (a) To be qualified to serve as a controlling person of a licensee under this Article, the controlling person shall be at least 18...
  • N.C. Gen. Stat. § 58-89A-45.   Reserved
  • N.C. Gen. Stat. § 58-89A-50.   Surety bond; letter of credit; other deposits
    (a) An applicant for licensure shall file with the Commissioner a surety bond, or other items as set forth in subsection (f) of this...
  • N.C. Gen. Stat. § 58-89A-55.   Reserved
  • N.C. Gen. Stat. § 58-89A-60.   License application
    (a) Every applicant for licensure shall file with the Commissioner, on a form prescribed by the Commissioner, the following information: (1) The name, organizational...
  • N.C. Gen. Stat. § 58-89A-65.   Fees
    (a) Each applicant for a professional employer organization license or de minimis registration shall pay to the Commissioner, before the issuance of the license,...
  • N.C. Gen. Stat. § 58-89A-70.   License issuance and maintenance
    (a) The Commissioner shall issue a license to an applicant whom the Commissioner determines has satisfied the requirements of this Article not later than...
  • N.C. Gen. Stat. § 58-89A-75.   De minimis registration
    (a) A person who seeks to offer limited professional employer services in this State shall be eligible for de minimis registration status upon compliance...
  • N.C. Gen. Stat. § 58-89A-76.   Alternative licensing
    The Commissioner, by rule, may provide for the acceptance of an affidavit by a bonded, independent, and qualified assurance organization that has been approved...
  • N.C. Gen. Stat. § 58-89A-80.   License not assignable; change of name or location
    (a) A licensee shall not conduct business under any name other than that specified in the license. A license issued under this Article is...
  • N.C. Gen. Stat. § 58-89A-85.   Supervision; rehabilitation; liquidation
    If at any time the Commissioner determines, after notice and an opportunity for the licensee to be heard, that a licensee (i) has been...
  • N.C. Gen. Stat. § 58-89A-90.   Reserved
  • N.C. Gen. Stat. § 58-89A-95.   Agreement
    (a) A licensee shall establish the terms of a PEO agreement by a written contract between the licensee and the client company. (b) The...
  • N.C. Gen. Stat. § 58-89A-100.   Contract requirements
    A contract between a licensee and a client company shall provide: (1) Unless otherwise expressly agreed by a professional employer organization and a client...
  • N.C. Gen. Stat. § 58-89A-105.   Employee benefit plans; required disclosure; other reports
    (a) A licensee may sponsor and maintain employee benefit plans for the benefit of assigned employees. Any health insurance plan sponsored and maintained by...
  • N.C. Gen. Stat. § 58-89A-106.   Health insurance plan requirements
    (a) In order for a licensee to sponsor and maintain a health benefit plan that is not fully insured by one or more of...
  • N.C. Gen. Stat. § 58-89A-107.   Examinations of self-funded health benefit plans
    (a) The Commissioner may conduct an examination of a licensee's self-funded employee benefit plan as often as the Commissioner considers appropriate. (b) An examination...
  • N.C. Gen. Stat. § 58-89A-110.   Workers' compensation insurance
    (a) A licensee or the licensee's client company shall provide workers' compensation insurance coverage through a licensed insurance carrier or a licensed self-insurance plan...
  • N.C. Gen. Stat. § 58-89A-112.   Liabilities
    Subject to any contrary provisions thereof, the PEO agreement shall be interpreted for purposes of insurance, bonding, and employer's liability as follows: (1) A...
  • N.C. Gen. Stat. § 58-89A-115.   Benefit plan notice
    (a) With respect to any insurance or benefit plan provided by a licensee for the benefit of its assigned employees, a licensee shall disclose...
  • N.C. Gen. Stat. § 58-89A-120.   Unemployment taxes; payroll
    A licensee is the employer of an assigned employee for purposes of Chapters 95, 96 and 105 of the General Statutes. Nothing in this...
  • N.C. Gen. Stat. § 58-89A-125.   Posting requirements
    (a) Each licensee shall post the license issued under this Article in a conspicuous place in the licensee's principal place of business in this...
  • N.C. Gen. Stat. § 58-89A-130.   Contractual duties
    Each licensee is responsible for the licensee's contractual duties and responsibilities to manage, maintain, collect, and make timely payments for all of the following:...
  • N.C. Gen. Stat. § 58-89A-135.   Compliance with other laws
    Each licensee shall comply with all appropriate State and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. (2004-162, s.
  • N.C. Gen. Stat. § 58-89A-140.   Required information
    Each licensee shall: (1) Maintain adequate books and records regarding the licensee's duties and responsibilities, including accounting and employment records relating to all PEO...
  • N.C. Gen. Stat. § 58-89A-145.   Examinations
    (a) The Commissioner may conduct an examination of a licensee as often as the Commissioner considers appropriate. (b) An examination under this Article shall...
  • N.C. Gen. Stat. § 58-89A-150.   Agent for service of process
    Each resident licensee shall maintain a registered agent for the service of process in this State. The Commissioner shall be each nonresident licensee's agent...
  • N.C. Gen. Stat. § 58-89A-155.   Grounds for disciplinary action
    (a) The Commissioner may take disciplinary action against a licensee or any person subject to licensure requirements under this Article on any of the...
  • N.C. Gen. Stat. § 58-89A-160.   Sanctions
    (a) On a finding that a ground for disciplinary action exists under G.S. 58-89A-155, the Commissioner may suspend or terminate a license, impose a...
  • N.C. Gen. Stat. § 58-89A-165.   Injunctions; civil remedies; cease and desist orders
    (a) In addition to the penalties and other enforcement provisions of this Article, if any person violates this Article or any rule implementing this...
  • N.C. Gen. Stat. § 58-89A-170.   Prohibited acts
    No person shall do any of the following: (1) Engage in or offer professional employer services without holding a license under this Article as...
  • N.C. Gen. Stat. § 58-89A-175.   Criminal penalty
    A person who violates G.S. 58-89A-170 commits a Class H felony. Any officer or controlling person who willfully violates any provision of this Article...
  • N.C. Gen. Stat. § 58-89A-180.   Application to unlicensed professional employer organizations
    Notwithstanding any other provision of law, each provision in this Article applies to persons subject to licensure under this Article, whether licensed under this...

Article 90 - Health Insurance Innovations Commission.

  • N.C. Gen. Stat. § 58-90-1.   Repealed by Session Laws 2011-266, s. 1.32, effective July 1, 2011
  • N.C. Gen. Stat. § 58-90-5.   Repealed by Session Laws 2011-266, s. 1.32, effective July 1, 2011
  • N.C. Gen. Stat. § 58-90-10.   Repealed by Session Laws 2011-266, s. 1.32, effective July 1, 2011
  • N.C. Gen. Stat. § 58-90-15.   Repealed by Session Laws 2011-266, s. 1.32, effective July 1, 2011
  • N.C. Gen. Stat. § 58-90-20.   Repealed by Session Laws 2011-266, s. 1.32, effective July 1, 2011
  • N.C. Gen. Stat. § 58-90-25.   Repealed by Session Laws 2011-266, s. 1.32, effective July 1, 2011

Article 91 - Interstate Insurance Product Regulation Compact Act.

  • N.C. Gen. Stat. § 58-91-1.   Preamble
    The Interstate Insurance Product Regulation Compact Act is intended to help states join together to establish an interstate compact to regulate designated insurance products....
  • N.C. Gen. Stat. § 58-91-5.   Purposes
    The purposes of this Compact are, through means of joint and cooperative action among the compacting states: (1) To promote and protect the interest...
  • N.C. Gen. Stat. § 58-91-10.   Definitions
    For purposes of this Article and the Compact: (1) "Advertisement" means any material designed to create public interest in a product, or induce the...
  • N.C. Gen. Stat. § 58-91-15.   Establishment of the Commission and venue
    (a) The compacting states hereby create and establish a joint public agency known as the "Interstate Insurance Product Regulation Commission." Pursuant to G.S. 58-91-20,...
  • N.C. Gen. Stat. § 58-91-20.   Powers of the Commission
    The Commission shall have the following powers: (1) To promulgate rules, pursuant to G.S. 58-91-35, which shall have the force and effect of law...
  • N.C. Gen. Stat. § 58-91-25.   Organization of the Commission
    (a) Membership, Voting, and Bylaws. - Each compacting state shall have and be limited to one member. Each member shall be qualified to serve...
  • N.C. Gen. Stat. § 58-91-30.   Meetings; acts of the Commission
    (a) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws. (b) Each member...
  • N.C. Gen. Stat. § 58-91-35.   Rules and operating procedures: rule-making functions of the Commission and opting out of uniform standards
    (a) Rule-Making Authority. - The Commission shall promulgate reasonable rules, including uniform standards, and operating procedures in order to effectively and efficiently achieve the...
  • N.C. Gen. Stat. § 58-91-40.   Commission records and enforcement
    (a) The Commission shall promulgate rules establishing conditions and procedures for public inspection and copying of its information and official records, except information and...
  • N.C. Gen. Stat. § 58-91-45.   Dispute resolution
    The Commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this Compact and...
  • N.C. Gen. Stat. § 58-91-50.   Product filing and approval
    (a) Insurers and third-party filers seeking to have a product approved by the Commission shall file the product with, and pay applicable filing fees...
  • N.C. Gen. Stat. § 58-91-55.   Review of Commission decisions regarding filings
    (a) Not later than 30 days after the Commission has given notice of a disapproved product or advertisement filed with the Commission, the insurer...
  • N.C. Gen. Stat. § 58-91-60.   Finance
    (a) The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of...
  • N.C. Gen. Stat. § 58-91-65.   Compacting states; effective date; amendment
    (a) Any State is eligible to become a compacting state. (b) The Compact shall become effective and binding upon legislative enactment of the Compact...
  • N.C. Gen. Stat. § 58-91-70.   Withdrawal; default; termination
    (a) Withdrawal. - Once effective, the Compact shall continue in force and remain binding upon each and every compacting state though a compacting state...
  • N.C. Gen. Stat. § 58-91-75.   Severability; construction
    (a) The provisions of this Compact shall be severable; and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of...
  • N.C. Gen. Stat. § 58-91-80.   Binding effect of Compact; other laws
    (a) Other Laws. - Nothing herein prevents the enforcement of any other law of a compacting state, except as provided in subsection (b) of...

Article 92 - Fire-Safety Standard and Firefighter Protection Act.

  • N.C. Gen. Stat. § 58-92-1.   Title
    This Article shall be known and may be cited as the "Fire-Safety Standard and Firefighter Protection Act." (2007-451, s. 1.)
  • N.C. Gen. Stat. § 58-92-5.   Findings
    The General Assembly finds: (1) Cigarettes are the leading cause of fire deaths in this State and the nation. (2) Each year in the...
  • N.C. Gen. Stat. § 58-92-10.   Definitions
    For the purposes of this Article: (1) "Agent" means any person authorized by the Department of Revenue to pay the excise tax on packages...
  • N.C. Gen. Stat. § 58-92-15.   Test method and performance standard
    (a) Except as provided in subsection (o) of this section, no cigarettes may be sold or offered for sale in this State or offered...
  • N.C. Gen. Stat. § 58-92-20.   Certification and product change
    (a) Each manufacturer shall submit to the Commissioner a written certification attesting both of the following: (1) Each cigarette listed in the certification has...
  • N.C. Gen. Stat. § 58-92-25.   Marking of cigarette packaging
    (a) Cigarettes that are certified by a manufacturer in accordance with G.S. 58-92-20 shall be marked to indicate compliance with the requirements of G.S....
  • N.C. Gen. Stat. § 58-92-30.   Penalties
    (a) A manufacturer, distributor, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale,...
  • N.C. Gen. Stat. § 58-92-35.   Implementation
    (a) The Commissioner may adopt rules, pursuant to Chapter 150B of the General Statutes, necessary to effectuate the purposes of this Article. (b) The...
  • N.C. Gen. Stat. § 58-92-40.   Inspection
    To enforce the provisions of this Article, the Attorney General, the Department of Revenue, and the Commissioner, their duly authorized representatives, and other law...
  • N.C. Gen. Stat. § 58-92-45.   Disposition of penalties
    The clear proceeds of civil penalties and forfeitures provided for in this Article shall be remitted to the Civil Penalty and Forfeiture Fund in...
  • N.C. Gen. Stat. § 58-92-50.   Sale outside the State
    Nothing in this Article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements...
  • N.C. Gen. Stat. § 58-92-55.   Preemption
    This Article does not apply if a federal reduced cigarette ignition propensity standard that preempts this Article is enacted and becomes effective, but such...

Last modified: March 23, 2014