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 are not a warranty or a part of the contract, except as incorporated in full into the policy. (1899, c. 54, […]
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 the Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions adopted by the Supreme Court of North Carolina pursuant to G.S. 7A-38.1 and […]
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 prescribed by the Administrator, indicating whether or not the parties reached a settlement. (b) Mediation is nonbinding unless all the parties specifically agree otherwise in writing. (c) If […]
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 to proceed under the appraisal process set forth in the insurance policy, by litigation, or by any other dispute resolution procedure available under North Carolina law. […]
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 was fair to the parties to the agreement. If the Commissioner, upon review and within 10 business days after receiving notice of the rescission, deems that it was […]
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 provisions of this Part shall govern in the event of any conflict with Chapter 150B of the General Statutes. (2006-145, s. 1.)
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 "standard fire insurance policy." (b) With the exception of policies covering (i) automobile fire, theft, comprehensive, and collision or (ii) marine and […]
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 shall issue fire insurance policies on property in this State other than those containing the provisions set forth in G.S. 58-44-16 except as follows: (1) A […]
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. 58-44-20 and Article 36 of this Chapter, are authorized to affix to the policy or […]
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 standard fire insurance policy to the agent of the company of any fact or condition stated […]
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 court of record to select the umpire referred to in the standard form of policy as set forth in G.S. 58-44-16(f)(14). The judge may not select […]
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 mortgage or deed of trust existing thereon or thereafter placed thereon, except during the life of the mortgage or deed of trust. […]
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, in common, or jointly, either name of one of the parties in interest named as the insured or beneficiary therein, shall […]
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 for improvements, and the rate at which written, and whenever a rate is made or changed on any property situated in this State upon […]
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 reply to the pleading of any other party against whom liability is sought which asserts as a defense, the […]
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 delivered or issued for delivery in this State with respect to any farm dwellings, appurtenant private structures, barns, or other […]
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, landslide, or windstorm or hail shall, upon the issuance and renewal of each […]
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, fair, and timely handling of insurance claims arising out of damages to residential property as the result of an event for which there is a state of […]
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 Commissioner’s duties under this Part. (2) Repealed by Session Laws 2013-199, s. 22(e), effective June 26, 2013. (3) Disputed claim. – Any matter on which there is a dispute […]
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 their right to mediate disputed claims. This requirement applies to all disputed claims, including instances where checks have been issued by the insurer to the […]
