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 the applications for which are taken within the State shall be deemed to have been made within this State and are subject to the laws […]
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, and a representation, unless material or fraudulent, will not prevent a recovery on the policy. (1901, c. 705, s. 2; Rev., s. 4808; C.S., s. […]
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 fails or refuses to comply with any law, order or rule applicable to the insurer. (2) After considering the standards under G.S. 58-30-60(b), the Commissioner determines […]
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 loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders. Any risk or portion of any risk which shall have […]
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 or hazard in an amount exceeding ten per centum (10%) of its policyholders’ surplus, unless it shall be protected in excess of that amount by: (1) […]
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 comparison as to the terms, conditions, or benefits contained in any policy of insurance for the purpose of inducing or attempting to induce […]
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 between individuals of the same class in the amount of premiums or rates charged for any policy of insurance covered by Articles 50 through 55 of this Chapter, […]
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 a health benefit plan provides coverage on a group or individual basis for diagnostic, therapeutic, or surgical procedures involving bones or […]
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 […]
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 required by law or, pretending to be a principal, agent, broker, limited representative, adjuster or licensed motor vehicle damage […]
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, renewing or refinancing of any loan or to the establishing of any of the terms or conditions of such loan. Lenders shall […]
58-3-137. Prohibition on provisions relating to replacement cost estimators. (a) No person may require an insurance company or their designated agent to provide the replacement cost estimator or other underwriting or related proprietary business information of an insurer underwriting an insurance policy covering real property, as a condition precedent or condition subsequent to the lending […]
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 evidence of insurance a temporary written contract of insurance meeting the requirements of G.S. 58-44-20(4) and issued by any duly licensed insurance agent, broker, or […]
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 credit card or debit card meets the following conditions: (1) The insurer complies with the prohibition against unfair discrimination contained in […]
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 existing insurance as guaranty or collateral for the issuance of any credit card. (1993, c. 226, s. 9, c. 504, s. 40.)
58-3-149. Certificates of insurance. (a) For the purposes of this section, the following definitions apply: (1) Certificate of insurance. – A document prepared or issued exclusively by an insurance company or licensed producer that is used to verify or evidence the existence of property or casualty insurance coverage, including a document submitted or created electronically. […]
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 State that contains any clause or provision requiring the insured to take or maintain a larger amount of insurance than that expressed in the policy, nor […]
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 policy, contract, certificate, or certificate of insurance, or use applications in connection therewith, until the forms of the same have been submitted to and […]
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, or other documents required to be filed and approved under this Chapter or for executing contracts required to be filed and approved under this Chapter if those forms, […]
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. 20-279.21(b)(3) and for underinsured motorists as provided in G.S. 20-279.21(b)(4). (1997-396, s. 1.)
