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 subjects placed under the Department. (1899, c. 54, s. 3; 1901, c. 391, s. 1; Rev., s. 4680; C.S., s. 6263; 1991, c. 720, s. 5.)
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 by the General Assembly in the Current Operations Appropriations Act, longevity pay shall be paid on the same basis as is provided to employees of the State […]
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 to the inspection of the public, except that the records compiled as a part of an investigation for the […]
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. 132-1. As used in this section, "patient medical records" includes personal information that relates to an individual’s physical or mental condition, medical history, or […]
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 of office, may be used as evidence and may be recorded in the proper recording offices, in the same manner and with like […]
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 to whether any insurance or other corporation or agent thereof is or has been licensed by the Department to do business in […]
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 Joint Legislative Oversight Committee on General Government any change or changes that in the Commissioner’s opinion should be made in the laws relating to insurance and other subjects pertaining to the Department. […]
58-2-121. Report of Department to General Assembly committees on various relief funds. Beginning on April 1, 2016, and each year thereafter, the Department of Insurance shall report to the House Appropriations Subcommittee on General Government and the Senate Appropriations Committee on General Government and Information Technology the following information about each local firefighters’ relief fund […]
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 laws of the State for the class of company, association, or order to which it belongs. No provision in any statute, […]
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 Federal Reserve System, as the umbrella supervisor for financial holding companies, and the Commissioner, as the functional regulator of persons engaged in insurance activities, coordinate efforts to supervise […]
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 Examination Law is to provide an effective and efficient system for examining the activities, operations, financial condition, and affairs […]
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 examined, or as ascertained from the testimony of its officers or agents or other persons examined concerning its affairs, and conclusions and recommendations that the examiners find reasonably […]
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 or is affiliated with the management of or owns a pecuniary interest in any person subject to examination. This section does […]
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 conducted under G.S. 58-2-131, 58-2-132, or 58-2-133 under any of the following circumstances: (1) The insurer maintains part of its records or assets outside this State […]
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) In addition to the Commissioner’s authority in G.S. 58-2-185 through G.S. 58-2-200 to compel the production of records, in lieu of sending […]
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 or disqualification of the Commissioner, or in case the office of Commissioner shall for any reason become vacant, shall have and exercise all the powers and duties […]
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, in addition to the other requirements provided for by law, that the company file with the Commissioner the affidavit of its president or other […]
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 State has violated any of the provisions of Articles 1 through 64 of this Chapter, the Commissioner shall investigate the matter, and, if necessary, examine, under oath, […]
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 that person, acting without actual malice, is not subject to civil liability for […]
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 and protection and indemnity club operating under Article 20 of this Chapter. b. Any surplus lines insurer operating […]
