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 to any and all kinds of insurance and insurers under this Chapter. For purposes of this Article, all references to insurance include annuities, unless the context otherwise requires. (1987, […]
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 of, insurance. A person not duly licensed who solicits or negotiates a policy of insurance on behalf of an insurer is an agent within the intent of this Article, […]
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 of receiving the premium therefor, the company’s agent, whatever conditions or stipulations may be contained in the policy or […]
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 reference to any application for insurance, or shall make any such statement for the purpose of obtaining any fee, commission, money or benefit from […]
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, shall be punished only by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000); provided, however, that […]
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 insurance company or other person not regularly licensed to do business in this State, or shall adjust or aid in the adjustment, either directly or […]
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 required by law or pretending to be a principal, agent, broker, limited representative, adjuster or licensed motor vehicle damage […]
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 21 of this Chapter: Adjuster…………………………………………………………………………………… $75.00 Adjuster, crop hail only……………………………………………………………….. 20.00 Agent appointment cancellation (paid by insurer)…………………………… 10.00 Agent appointment, individual……………………………………………………… 10.00 Agent appointment, Medicare supplement and long-term care, […]
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 professional responsibility of adjusters and motor vehicle damage appraisers. The rules may include criteria for: (1) The content of continuing education courses; (2) Accreditation of […]
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 for prelicensing and continuing insurance education courses. During any suspension, the instructor shall not engage in any instruction of prelicensing or continuing insurance education courses prior to […]
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 a course under G.S. 58-33-130. (b) At the time a course provider submits an application to the Commissioner for approval of a course under G.S. […]
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 life and health insurance licensees. The advisory committees shall recommend reasonable rules to the Commissioner for promulgation under G.S. 58-33-130. The Commissioner may adopt, reject, or […]
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 life insurance company domiciled in this State, provided the agent represents the insurance company only in a foreign country or territory and either on […]
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 pursuant to the provisions of this section and Article 28 of Chapter 66 of the General Statutes. (2) "Rental agreement" means any written agreement […]
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 units pursuant to the provisions of this section and Article 39 of Chapter 66 of the General Statutes. (2) "Rental agreement" means any written […]
58-33-19. Limited lines travel insurance. (a) As used in this section, the following definitions apply: (1) Limited lines travel insurance producer. – Any of the following: a. A licensed managing general underwriter. b. A licensed managing general agent or third-party administrator. c. A licensed insurance producer as defined by G.S. 58-33-10(7), including: 1. A limited […]
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 his beneficiary and the insurer, is regarded as representing the insurer and not the insured or his beneficiary. This provision does not affect the apparent authority of an agent. […]
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 appraiser unless duly licensed. (b) No agent, broker, or limited representative shall make application for, procure, negotiate for, or place for others, any policies for any kinds […]
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, data entry, calculation, and system-generated final resolution of claims on insurance policies that cover only portable consumer electronic devices, which system shall meet […]
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: (a) Application. – The applicable license application requirements of G.S. 58-33-31 shall be satisfied. (b), (c) Repealed by Session Laws 2001-203, s. 7, effective July 1, 2002. (d) […]
