N.C. Gen. Stat. § 58-1-1
Title of the Chapter
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; C.S., s. 6260.)
North Carolina General Statutes Chapter 58 — Chapter 58.
North Carolina · statute · N.C. Gen. Stat. ch. 58 · 2,094 active provisions
N.C. Gen. Stat. § 58-1-2
Insurance secondary sources not authoritative
Insurance secondary sources not authoritative. A secondary source on insurance in any legal treatise, scholarly publication, textbook, or other explanatory text does not constitute the law or public policy of the State and is not authoritative if the secondary source purports to create, eliminate, expand, or restrict a…
N.C. Gen. Stat. § 58-1-5
Definitions
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 outside of the United States. (1a) "Commercial aircraft" means aircraft used in domestic, flag, supplemental, commuter, or on-demand operations, a…
N.C. Gen. Stat. § 58-1-10
Contract of insurance
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 of value to the insured upon, and as an indemnity or reimbursement for the destruction, loss, or injury of something in which the other party has an interest. (1899, c. 54, s. 2;…
N.C. Gen. Stat. § 58-1-15
Warranties by manufacturers, distributors, or sellers of goods or services
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 buyer takes possession. "Goods" includes things not in existence at the time the transaction is entered into; and includes things…
N.C. Gen. Stat. § 58-1-20
Real property warranties
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 made by a builder or seller of the real property; (2) A warranty providing for the repair or replacement of the items covered by the warranty for defective…
N.C. Gen. Stat. § 58-2-1
Department established
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.)
N.C. Gen. Stat. § 58-2-5
Commissioner's election and term of office
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 Commissioner" appear, they shall be deemed to refer to and to be synonymous with the term "Commissioner of Insurance." He s…
N.C. Gen. Stat. § 58-2-10
Salary of Commissioner
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 S…
N.C. Gen. Stat. § 58-2-15
Chief deputy commissioner
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 exerc…
N.C. Gen. Stat. § 58-2-20
Chief actuary
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 Department of Administration. (1945, c. 383; 1987, c. 864, s. 19(b).)
N.C. Gen. Stat. § 58-2-25
Other deputies, actuaries, examiners and employees
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 and rescue training instructors, market conduct analysts, insurance compla…
N.C. Gen. Stat. § 58-2-30
Appointments of committees or councils
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 detailed technical areas; and the term "council" means a collective body that consults with and advises the Commissioner or his designee as…
N.C. Gen. Stat. § 58-2-31
Seniors' Health Insurance Information Program
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 with counseling in Medicare, Medicare supplement insurance, long-term care insurance, and…
N.C. Gen. Stat. § 58-2-35
Seal of Department
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 certificate of approval by the Governor, shall be filed in the office of the Secretary of State, with an impression thereof, which seal shall thereupo…
N.C. Gen. Stat. § 58-2-40
Powers and duties of Commissioner
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 are faithfully executed; and to that end the Commissioner is authorized to adopt rules in accordance with Chapter 150B of the General S…
N.C. Gen. Stat. § 58-2-45
Orders of Commissioner; when writing required
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 to make any other order affecting any insurer, insurance producer, or other person or persons subject to the provisions…
N.C. Gen. Stat. § 58-2-46
State of disaster automatic stay of proof of loss requirements; premium and debt deferrals
State of disaster automatic stay of proof of loss requirements; premium and debt deferrals. (a) 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 President of the United States has issued a major disaster declaration for the State or for a…
N.C. Gen. Stat. § 58-2-47
Incident affecting operations of the Department; stay of deadlines and deemer provisions
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, whenever an incident beyond the Department's reasonable control, including an…
N.C. Gen. Stat. § 58-2-50
Examinations, hearings, and investigations
Examinations, hearings, and investigations. All examinations, hearings, and investigations provided for by this Chapter that are within the scope of the Commissioner's powers and duties may be conducted by the Commissioner personally or by one or more deputies, investigators, actuaries, examiners or employees designate…
N.C. Gen. Stat. § 58-2-52
Appeals and rate-making hearings before the Commissioner
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, 58-45-50, 58-46-30, 58-48-40(c)(7), 58-48-42, and 58-62-51(c). These rules may provide for prefile…
N.C. Gen. Stat. § 58-2-53
Filing approvals and disapprovals; clarification of law
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 Plan, or any other item with the Commissioner or Department for approval, the approval or disapproval…
N.C. Gen. Stat. § 58-2-55
Designated hearing officers
Designated hearing officers. In any contested case under this Chapter that is within the scope of the Commissioner's powers and duties, the Commissioner may designate a member of his staff to serve as a hearing officer. When the Commissioner is unable or elects not to hear a contested case and elects not to designate a…
N.C. Gen. Stat. § 58-2-60
Restraining orders; criminal convictions
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 64, 65 and 66, 67, 69, 70, or 71 of this Chapter, he may apply to the superior court of any county in which the violation has occu…
N.C. Gen. Stat. § 58-2-65
License surrenders
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. When a licensee is accused of any act, omission, or misconduct that would subject the license to suspension or revocation, the licensee, with the consent and approval of th…
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