reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-43-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 43 - General Regulations of Business Fire Insurance.|§ 58-43-30 - Agreements restricting agent's commission; penalty.

 58-43-30. Agreements restricting agent's commission; penalty. It is unlawful for any insurance company doing the business of insurance as defined in subdivisions (3) to (22), inclusive, of G.S. 58-7-15 and employing an agent representing another such company, either directly or through any organization or association, to enter into, make or maintain any stipulation or agreement in anywise limiting the compensation such agent may receive from any such other company or forbidding or prohibiting reinsurance of the risks of any such domestic company in whole or in part by any other company holding membership in or cooperating with such organization or association. The penalty for any violation of this section shall be a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the forfeiture of license to do business in this State for a period of 12 months following conviction. (1905, c. 424; Rev., ss. 3491, 4768; 1915, c. 166, ss. 2, 3; C.S., s. 6432; 1945, c. 458; 1985, c. 666, s. 26.)
NC Gen Stat § 58-43-35 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 43 - General Regulations of Business Fire Insurance.|§ 58-43-35 - Punishment for issuing fire policies contrary to law.

 58-43-35. Punishment for issuing fire policies contrary to law.Any insurance company or agent who makes, issues, or delivers a policy of fire insurance in willful violation of the provisions of Articles 1 through 64 of this Chapter that prohibit a domestic insurance company from issuing policies before obtaining a license from the Commissioner; or that prohibit the issuing of a fire insurance policy for more than the fair value of the property or for a longer term than seven years; or that prohibit stipulations in insurance contracts restricting the jurisdiction of courts, or limiting the time within which an action may be brought to less than one year after the cause of action accrues or to less than six months after a nonsuit by the plaintiff, shall be guilty of a Class 3 misdemeanor and shall, upon conviction, be punished only by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000); but the policy shall be binding upon the company issuing it. (1899, c. 54, s. 99; 1903, c. 438, s. 10; Rev., s. 4832; C.S., s. 6433; 1985, c. 666, s. 27; 1993, c. 539, s. 466; 1994, Ex. Sess., c. 24, s. 14(c); 1999-132, s. 9.2.)
NC Gen Stat § 58-43-40 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 43 - General Regulations of Business Fire Insurance.|§ 58-43-40 - Expired.

 58-43-40: Expired.
NC Gen Stat § 58-44-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-1 - Terms and conditions must be set out in policy.

 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, s. 42; Rev., s. 4758; C.S., s. 6434; 2006-145, s. 1.)
NC Gen Stat § 58-44-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-5 - Items to be expressed in policies.

 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 request a full statement thereof showing in detail the basis rate, deficiency charges and credits, as well as rate proposed to be made, shall be delivered to the owner or his representative having the insurance on the property in charge, by the company, association, their agent or representative. (1915, c. 109, s. 3; C.S., s. 6435; 1925, c. 70, s. 3; 1945, c. 378.)
NC Gen Stat § 58-44-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-25 - Optional provisions as to loss or damage from nuclear reaction, nuclear radiation or radioactive contamination.

 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 include in the policy a written statement that the policy does not cover loss or damage caused by nuclear reaction, nuclear radiation, or radioactive contamination, all whether directly or indirectly resulting from an insured peril under the policy; provided, however, that nothing in this section shall be construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming coverage for loss or damage caused by nuclear reaction, nuclear radiation, or radioactive contamination.  (1963, c. 1148; 1987, c. 864, s. 7; 2009-171, s. 3.)
NC Gen Stat § 58-44-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-30 - Notice by insured or agent as to increase of hazard, unoccupancy and other insurance.

 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 in G.S. 58-44-16, it is equivalent to an agreement in writing added to the policy and has the force of the agreement in writing referred to in the standard fire insurance policy with respect to the liability of the company and the waiver; but this notice does not affect the right of the company to cancel the policy as stipulated in the policy.  (1899, c. 54, s. 43; Rev., s. 4761; 1907, c. 578, s. 1; 1915, c. 109, s. 11; C.S., s. 6438; 1929, c. 60, s. 1; 1945, c. 378; 2009-171, s. 2.)
NC Gen Stat § 58-44-35 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-35 - Judge to select umpire.

 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 the umpire until all of the following conditions have been met:(1) Proof of notice to all parties of record has been filed with the court, and at least 15 days have passed since the filing of the proof of notice.(2) Upon the request of any party of record, the judge has conducted a hearing. The hearing by the judge shall be governed by the practice for hearings in other civil actions before a judge without a jury and shall be limited to the issue of umpire selection.  (1945, c. 378; 2013-199, s. 23.)
NC Gen Stat § 58-44-40 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-40 - Effect of failure to give notice of encumbrance.

 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. (1915, c. 109, s. 4; C.S., s. 6440.)
NC Gen Stat § 58-44-45 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-45 - Policy issued to husband or wife on joint property.

 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 be sufficient and the policy shall not be void for failure to disclose the interest of the other, unless it appears that in the procuring of the issuance of such policy, fraudulent means or methods were used by the insured or owner thereof. (1945, c. 378.)
NC Gen Stat § 58-44-50 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-50 - Bar to defense of failure to render timely proof of loss.

 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 failure to render timely proof of loss as required by the terms of the policy that such failure was for good cause and that the failure to render timely proof of loss has not substantially harmed the party against whom liability is sought in his ability to defend. The issues raised by such reply shall be determined by the jury if jury trial has been demanded. (1973, c. 1391.)
NC Gen Stat § 58-44-55 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-55 - Farmowners' and other property policies; ice, snow, or sleet damage.

 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 farm buildings or farm structures located in this State, coverage shall be available for inclusion therein or supplemental thereto to include direct loss caused by weight of ice, snow, or sleet that results in physical damage to such buildings or structures, and shall be offered to all insureds requesting these policies. (1981, c. 550, s. 1.)
NC Gen Stat § 58-44-60 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-60 - Notice to property insurance policyholder about flood, earthquake, mudslide, mudflow, landslide, and windstorm or hail insurance coverage.

 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 policy, identify to the policyholder which of these perils are not covered under the policy. The insurer shall print the following warning, citing which peril is not covered, in Times New Roman 16-point font or other equivalent font and include it in the policy on a separate page immediately before the declarations page:"WARNING: THIS PROPERTY INSURANCE POLICY DOES NOT PROTECT YOU AGAINST LOSSES FROM [FLOODS], [EARTHQUAKES], [MUDSLIDES], [MUDFLOWS], [LANDSLIDES], [WINDSTORM OR HAIL]. YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT TO DISCUSS YOUR OPTIONS FOR OBTAINING COVERAGE FOR THESE LOSSES. THIS IS NOT A COMPLETE LISTING OF ALL OF THE CAUSES OF LOSSES NOT COVERED UNDER YOUR POLICY. YOU SHOULD READ YOUR ENTIRE POLICY TO UNDERSTAND WHAT IS COVERED AND WHAT IS NOT COVERED."(b) As used in this section, "insurer" includes an entity that sells property insurance under Articles 21, 45, or 46 of this Chapter.  (2006-145, s. 2; 2007-300, s. 5; 2012-162, s. 5.)
NC Gen Stat § 58-44-70 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-70 - Purpose and scope.

 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 disaster declared within 60 days of the event. This Part applies only (i) if a state of disaster has been proclaimed for the State or for an area within the State by the Governor or by a resolution of the General Assembly under G.S. 166A-19.21 or (ii) if the President of the United States has issued a major disaster declaration for the State or for an area within the State under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq., as amended; and (iii) if the Commissioner issues an order establishing the mediation procedure authorized by this Part.(b) The procedure authorized by this Part is available to all first-party claimants who have insurance claims resulting from damage to residential property occurring in this State. This Part does not apply to commercial insurance, motor vehicle insurance, or to liability coverage contained in property insurance policies.(c) The Commissioner may designate a person, either within the Department or outside of the Department, as the Administrator or other functionary to carry out any of the Commissioner's duties under this Part.  (2006-145, s. 1; 2007-300, s. 1; 2012-12, s. 2(m); 2013-199, s. 22(d).)
NC Gen Stat § 58-44-75 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-75 - Definitions.

 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 as to the cause of loss or amount of loss, for which the insurer has denied payment, in part or whole, with respect to claims arising from a disaster. Unless the parties agree to mediate a disputed claim involving a lesser amount, a "disputed claim" involves the insured requesting one thousand five hundred dollars ($1,500) or more to settle the dispute, or the difference between the positions of the parties is one thousand five hundred dollars ($1,500) or more. "Disputed claim" does not include a dispute with respect to which the insurer has reported allegations of fraud, based on a referral to the insurer's special investigative unit, to the Commissioner. A disputed claim does not include one in which there has been a denial of coverage for the loss because of exclusions in the policy, terms in the policy, conditions in the policy, or nonexistence of the policy at the time of the loss.(4) Mediation. - As defined in G.S. 7A-38.1(b)(2).(5) Mediator. - A neutral person who acts to encourage and facilitate a resolution of a claim.(6) Party or parties. - The insured and his or her insurer, including a surplus lines insurer and the underwriting associations in Articles 45 and 46 of this Chapter, when applicable.  (2006-145, s. 1; 2012-12, s. 2(n); 2013-199, s. 22(e).)
NC Gen Stat § 58-44-80 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-80 - Notification of right to mediate.

 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 insured.(b) The insurer shall mail the notice described in subsection (a) of this section to an insured within five days after the time the insured or the Administrator notifies the insurer of a dispute regarding the insured's claim. The following apply:(1) If the insurer has not been notified of a disputed claim before the time an insurer notifies the insured that a claim has been denied in whole or in part, the insurer shall mail a notice of the right to mediate to the insured in the same mailing as the notice of denial.(2) The insurer is not required to send a notice of the right to mediate if a claim is denied because the amount of the claim is less than the insured's deductible.(3) The mailing that contains the notice of the right to mediate shall include any consumer brochure on mediation developed by the Commissioner.(4) Notification shall be in writing and shall be legible, conspicuous, and printed in at least 12-point type.(5) The first paragraph of the notice shall contain the following statement: "The General Assembly of North Carolina has enacted a law to facilitate fair and timely handling of residential property insurance claims arising out of disasters. The law gives you the right to attend a mediation conference with your insurer in order to settle any dispute you have with your insurer about your claim. An independent mediator, who has no connection with your insurer, will be in charge of the mediation conference."(c) The notice shall also:(1) Include detailed instructions on how the insured is to request mediation, including name, address, and phone and fax numbers for requesting mediation through the Administrator.(2) Include the insurer's address and phone number for requesting additional information.(3) State that the Administrator will select the mediator. (2006-145, s. 1; 2007-300, s. 2.)
NC Gen Stat § 58-44-85 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-85 - Request for mediation.

 58-44-85. Request for mediation.(a) If an insured requests mediation before receipt of the notice of the right to mediate or if the date of the notice cannot be established, the insurer shall be notified by the Administrator of the existence of the dispute before the Administrator processes the insured's request for mediation. An insured must request mediation within 60 days after the denial of the claim; failure to request mediation within this time period shall only bar the right to demand mediation; it shall not prejudice any other legal right or remedy of the insured nor prohibit the insurer from voluntarily accepting the request for mediation.(b) If an insurer receives a request for mediation, the insurer shall electronically transmit the request to the Administrator within three business days after receipt of the request. If the Department receives any requests, it shall electronically transmit those requests to the Administrator within three business days after receipt. The Administrator shall notify the insurer within 48 hours after receipt of a request that has been filed with the Department.(c) In the insured's request for mediation, the insured shall provide the following information, if known:(1) Name, address, and daytime telephone number of the insured and location of the property if different from the address given.(2) The claim and policy number for the insured.(3) A brief description of the nature of the dispute.(4) The name of the insurer and the name, address, and phone number of the contact person for scheduling mediation.(5) Information with respect to any other policies of insurance that may provide coverage of the insured property for named perils such as flood, earthquake, or windstorm. (2006-145, s. 1.)
NC Gen Stat § 58-44-90 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-90 - Mediation fees.

 58-44-90. Mediation fees.(a) The fees of the mediator and of the Administrator as established by the Commissioner shall be borne by the insurer. All other mediation costs, fees, or expenses shall be borne by the party incurring such costs, fees, or expenses unless otherwise provided in a settlement agreement.(b) The Commissioner may establish fee schedules, through emergency rules, for fees to be paid to the Administrator, the mediator, and for timely and untimely mediation cancellations. (2006-145, s. 1.)
NC Gen Stat § 58-44-95 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-95 - Scheduling of mediation; qualification of mediator.

 58-44-95. Scheduling of mediation; qualification of mediator.(a) The Administrator shall select a mediator and schedule the mediation conference.(b) In order to be approved, a mediator must be certified by the Dispute Resolution Commission under G.S. 7A-38.2. (2006-145, s. 1; 2007-300, s. 3.)
NC Gen Stat § 58-44-105 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-105 - Post mediation.

 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 the parties reach a settlement, the mediator shall include a copy of the settlement agreement with the status report. Within three business days after the conclusion of the conference, the insurer shall disburse the settlement funds in accordance with the terms of the settlement agreement. The insured has three business days after receipt of the settlement funds within which to notify the Commissioner and the insurer of the insured's decision to rescind the settlement agreement, as long as the insured has not received the settlement funds by electronic means or has not cashed or deposited any check or draft disbursed to the insured in payment of the settlement funds.(d) If a settlement agreement is reached and is not rescinded, it shall act as a release of all specific claims that were presented in the conference. Any subsequent claim under the policy shall be presented as a separate claim. (2006-145, s. 1.)
NC Gen Stat § 58-44-110 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-110 - Nonparticipation in mediation program.

 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. (2006-145, s. 1.)
NC Gen Stat § 58-44-115 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 44 - Property Insurance Policies.|§ 58-44-115 - Commissioner's review.

 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 fair to the parties, the insured, upon notice from the Commissioner, may withdraw the rescission within five business days after receipt of notice from the Commissioner and reinstate the settlement agreement as if no rescission had taken place. The Commissioner's review and findings shall not be offered or accepted as evidence in any subsequent proceedings. (2006-145, s. 1.)