reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-28-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 28 - Unauthorized Insurers.|§ 58-28-1 - Purpose of Article.

 58-28-1. Purpose of Article.It is the purpose of this Article to abate and prevent the practices of unauthorized insurers within the State of North Carolina, and to provide methods for effectively enforcing the laws of this State against such practices. The General Assembly finds that there is within this State a substantial amount of insurance business being transacted by insurers who have not complied with the laws of this State and have not been authorized by the Commissioner to do business. These practices by unauthorized insurers are deemed to be harmful and contrary to public welfare of the citizens of this State. The difficulties which arise from the acts and practices of unauthorized insurers are compounded by the fact that such companies may be licensed in foreign jurisdictions and conduct a long-range business without having personal representatives or agents in proximity to insureds. The General Assembly further declares that it is a subject of vital public interest to the State that unlicensed and unauthorized companies have been and are now engaged in soliciting by way of direct mail and other advertising media, insurance risks within this State, and that such companies enjoy the many benefits and privileges provided by the State as well as the protection afforded to citizens under exercise of the police powers of the State, without themselves being subject to the laws designed to protect the insurance consuming public. The provisions of this Article are in addition to all other statutory provisions of Articles 1 through 64 of this Chapter relating to unauthorized insurers and do not replace, alter, modify or repeal such existing provisions. (1967, c. 909, s. 1; 1987, c. 864, s. 46; 1991, c. 720, s. 4.)
NC Gen Stat § 58-28-12 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 28 - Unauthorized Insurers.|§ 58-28-12 - Transacting insurance business in this State.

 58-28-12. Transacting insurance business in this State.Definitions. - As used in this section, G.S. 58-28-13, and G.S. 58-28-14:(1) "Admitted insurer" means an insurer that is licensed to write insurance in this State.(2) "Kind of insurance" means one of the types of insurance specified in G.S. 58-7-15.(3) "Nonadmitted insurer" means an insurer that is not licensed to write insurance in this State.(4) "Transacting insurance business" or "transact insurance business" means:a. The making of or proposing to make, as an insurer, an insurance contract.b. The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety.c. The solicitation, taking, or receiving of an application for insurance.d. The receiving or collection of any premium, commission, membership fees, assessments, dues, or other consideration for a contract of insurance or any part of the contract of insurance.e. The issuance or delivery in this State of a contract of insurance to a resident of this State or to a person authorized to do business in this State.f. The solicitation, negotiation, procurement, effectuation, or renewal of a contract of insurance.g. The dissemination of information as to coverage or rates; forwarding of an application; delivery of a contract of insurance; inspection of a risk; the fixing of rates; the investigation or adjustment of a claim or loss; the transaction of matters after effectuation of a contract of insurance and arising out of the contract; or any other manner of representing or assisting a person or insurer in transacting insurance business with respect to properties, risks, or exposures located or to be performed in this State.h. The transaction of any kind of insurance business specifically recognized as transacting an insurance business within the meaning of this Chapter.i. The offering of insurance or the transacting of insurance business.j. The offering of an agreement or contract which purports to alter, amend, or void coverage of an insurance contract.k. The transaction of any matters before or after the execution of contracts of insurance in contemplation of or arising out of the execution.l. The maintaining of any agency or office in this State where any acts in furtherance of an insurance business are transacted, including the execution of contracts of insurance with citizens of this State or any other state.m. The maintaining of files or records of contracts of insurance in this State.  (2008-124, s. 3.4.)
NC Gen Stat § 58-28-14 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 28 - Unauthorized Insurers.|§ 58-28-14 - Monetary penalty; factors to be considered.

 58-28-14. Monetary penalty; factors to be considered.In determining the amount of the penalty under G.S. 58-28-13, the Commissioner shall consider:(1) The amount of money that inured to the benefit of the violator as a result of the violation,(2) Whether the violation was committed willfully.(3) The prior record of the violator in complying or failing to comply with laws, rules, or orders applicable to the violator.(4) The failure of the violator to provide timely and complete responses to the Department's inquiries about the violator's insurance activities in North Carolina.(5) The extent and degree to which the violator marketed its insurance product in this State.(6) The extent to which the violator's marketing materials, including fax solicitations, Internet Web sites, circulars, or other forms of advertisement or solicitations through any medium, were deceptive or misleading to residents of this State.(7) The number of residents of this State who enrolled in the violator's insurance plan.(8) The number of policies and amount of insurance coverage issued by the violator to residents of this State.(9) The failure of the violator to promptly refund premiums and other consideration paid by residents of this State for insurance coverage issued by the violator upon requests by the residents of this State or the Department.(10) The extent and degree of harm to residents of this State. In assessing the extent and degree of harm, the Commissioner shall consider, among other things, the amount of premiums and other consideration paid by residents of this State for coverage issued by the violator, the failure of the violator to pay claims made by residents of this State, and number and dollar amount of claims made by residents of this State that the violator has failed to pay.(11) Whether the violator has a prior record of violating this Article or the unauthorized insurance laws of any other state. "Prior record" includes final administrative orders issued by the Commissioner or insurance regulator of any other state; federal or state criminal convictions, including pleas of guilty or nolo contendere; civil judgments; and written settlement agreements of state administrative proceedings, state or federal criminal proceedings, or civil lawsuits against the violator or any entity of which the violator was either a principal or owner.  (2008-124, s. 3.4.)
NC Gen Stat § 58-28-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 28 - Unauthorized Insurers.|§ 58-28-15 - Validity of acts or contracts of unauthorized company shall not impair obligation of contract as to the company; maintenance of suits; right to defend.

 58-28-15. Validity of acts or contracts of unauthorized company shall not impair obligation of contract as to the company; maintenance of suits; right to defend.The failure of a company to obtain a license shall not impair the validity of any acts or contracts of the company. Any person or insured holding contracts of insurance of an unauthorized insurer may bring an action in the courts of this State under the provisions of G.S. 58-16-35 for the enforcement of any rights pursuant to the contract of insurance. The failure of the insurance company to obtain a license shall not prevent such company from defending any action at law or suit in equity in any court of this State so long as the said company fully complies with the provisions of G.S. 58-16-35(c), but no company transacting insurance business in this State without a license shall be permitted to maintain an action at law or in equity in any court of this State to enforce any right, claim or demand arising out of the transaction of such business until such company shall have obtained a license. Nor shall an action at law or in equity be maintained in any court of this State by any successor or assignee of such company on any such right, claim or demand originally held by such company until a license shall have been obtained by the company or by a company which has acquired all or substantially all of its assets. Nothing in this section shall be construed to abrogate the conditions of admission into this State nor to impair the authority of the Commissioner with respect to the issuance of licenses. The Commissioner in considering the issuance of a license shall take into consideration the acts or transactions which an unauthorized company has engaged in in this State prior to its application for a license. (1967, c. 909, s. 1; 1991, c. 720, ss. 4, 56; 1999-132, s. 9.1; 2000-140, s. 12.)
NC Gen Stat § 58-28-20 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 28 - Unauthorized Insurers.|§ 58-28-20 - Cease and desist orders; judicial review.

 58-28-20. Cease and desist orders; judicial review.(a) Whenever the Commissioner has reasonable grounds to believe that any person is violating or is about to violate G.S. 58-28-5, 58-28-45, or 58-33-95, the Commissioner may, after notice and opportunity for hearing, make written findings and issue and cause to be served upon the person an order to cease and desist violating G.S. 58-28-5, 58-28-45, or 58-33-95.(b) Until the expiration of the time allowed under G.S. 58-2-75 for filing a petition for review, the Commissioner may at any time, upon notice and in a manner the Commissioner considers proper, modify or set aside in whole or in part any order issued by the Commissioner under this section as follows:(1) Any time before the expiration of the time allowed for seeking judicial review, if no petition for review has been filed; or(2) If a petition for review has been timely filed, until the transcript of the record in the proceeding has been filed with the Court.(c) If no petition for judicial review has been filed within the time provided under G.S. 58-2-75, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify, or set aside, in whole or in part, any order issued by the Commissioner under this section, whenever in the Commissioner's opinion conditions of fact or of law have so changed as to require such action or if the public interest requires.(d) Whenever the Commissioner has evidence that any person has or is violating G.S. 58-28-5 or G.S. 58-28-45, or has or is violating any order or requirement of the Commissioner issued by the Commissioner under this Article, and that the interests of policyholders, creditors, or the public may be irreparably harmed by delay, the Commissioner may issue an emergency cease and desist order that shall become effective on the date specified in the order or upon service of a certified copy of the order upon the person ordered to cease and desist, whichever is later. The emergency cease and desist order shall also include a notice of hearing, which shall be conducted as provided under Article 3A of Chapter 150B of the General Statutes. However, the person ordered to cease and desist under this subsection may request and shall be granted an expedited review of the order. The emergency order shall remain in effect prior to and during the proceedings, unless modified by the Commissioner as provided under subsection (b) of this section.(e) Any person required to cease and desist violating G.S. 58-28-5 by an order issued after notice and a hearing under subsection (a) or (d) of this section may seek judicial review of that order under G.S. 58-2-75. (1967, c. 909, s. 1; 1987, c. 864, s. 61; 1989, c. 485, s. 14; 1999-294, s. 6; 2005-217, s. 1; 2007-305, ss. 2, 3.)
NC Gen Stat § 58-28-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 28 - Unauthorized Insurers.|§ 58-28-30 - Penalty.

 58-28-30. Penalty.Any person who willfully violates a cease and desist order of the Commissioner under G.S. 58-28-20, after it has become final, and while such order is in effect, is subject to the provisions of G.S. 58-2-70. (1989, c. 485, s. 15.)
NC Gen Stat § 58-28-35 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 28 - Unauthorized Insurers.|§ 58-28-35 - Provisions of Article additional to existing law; application.

 58-28-35. Provisions of Article additional to existing law; application.The powers vested in the Commissioner by this Article are additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to transacting the business of insurance without authority. This Article applies to all kinds of insurance, including service corporations that would be subject to Article 65 of this Chapter, HMOs that would be subject to Article 67 of this Chapter, MEWAs that would be subject to Article 50A of this Chapter, and self-insured workers' compensation operations that would be subject to Article 47 of this Chapter or Article 4 of Chapter 97 of the General Statutes.  (1989, c. 485, s. 15; 1999-244, s. 9; 2019-202, s. 8.)
NC Gen Stat § 58-29-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 29 - Unauthorized Insurers False Advertising Process Act.|§ 58-29-1 - Purpose; construction.

 58-29-1. Purpose; construction.(a) The purpose of this Article is to subject to the jurisdiction of the Commissioner and to the jurisdiction of the courts of this State, insurers not authorized to transact business in this State which place in or send into this State any false advertising designed to induce residents of this State to purchase insurance from insurers not authorized to transact business in this State. The General Assembly declares it is in the interest of the citizens of this State who purchase insurance from insurers which solicit insurance business in this State in the manner set forth in the preceding sentence that such insurers be subject to the provisions of this Article. In furtherance of such interest, the General Assembly in this Article provides a method of substituted service of process upon such insurers and declares in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the State by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Session, section 340, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states; the authority provided herein to be in addition to any existing powers of this State.(b) The provisions of this Article shall be liberally construed. (1965, c. 910; 1991, c. 720, s. 4.)
NC Gen Stat § 58-29-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 29 - Unauthorized Insurers False Advertising Process Act.|§ 58-29-5 - Definitions.

 58-29-5. Definitions.As used in this Article:(1) "Residents" shall mean and include person, partnership or corporation, domestic, alien or foreign.(2) "Unfair Trade Practice Act" shall mean Article 63 of this Chapter. (1965, c. 910.)
NC Gen Stat § 58-29-10 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 29 - Unauthorized Insurers False Advertising Process Act.|§ 58-29-10 - Unlawful advertising; notice to unauthorized insurer and domiciliary insurance supervisory official.

 58-29-10. Unlawful advertising; notice to unauthorized insurer and domiciliary insurance supervisory official.No unauthorized foreign or alien insurer shall make, issue, circulate or cause to be made, issued or circulated, to residents of this State any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of the Unfair Trade Practice Act, and whenever the Commissioner shall have reason to believe that any such insurer is engaging in such unlawful advertising, it shall be his duty to give notice of such fact by registered mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States. (1965, c. 910.)
NC Gen Stat § 58-29-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 29 - Unauthorized Insurers False Advertising Process Act.|§ 58-29-15 - Action by Commissioner under Unfair Trade Practice Act.

 58-29-15. Action by Commissioner under Unfair Trade Practice Act.If after 30 days following the giving of the notice mentioned in G.S. 58-29-10 such insurer has failed to cease making, issuing, or circulating such false misrepresentations or causing the same to be made, issued or circulated in this State, and if the Commissioner has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this State or collecting premiums on such contracts or doing any of the acts enumerated in G.S. 58-29-20, he shall take action against such insurer under the Unfair Trade Practice Act. (1965, c. 910.)
NC Gen Stat § 58-29-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 29 - Unauthorized Insurers False Advertising Process Act.|§ 58-29-25 - Short title.

 58-29-25. Short title.This Article may be cited as the Unauthorized Insurers False Advertising Process Act. (1965, c. 910.)
NC Gen Stat § 58-30-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.|§ 58-30-1 - Construction and purpose.

 58-30-1. Construction and purpose.(a) This Article does not limit powers granted to the Commissioner by any other provision of law. To the extent practicable, the Commissioner may supplement the provisions of this Article with those of Part 2 of Article 38 of Chapter 1 of the General Statutes.(b) This Article shall be liberally construed to effect the purpose stated in subsection (c) of this section.(c) The purpose of this Article is to protect the interests of policyholders, claimants, creditors, and the public generally with minimum interference with the normal prerogatives of the owners and managers of insurers, through:(1) Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures;(2) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;(3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;(4) Equitable apportionment of any unavoidable loss;(5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extending the scope of personal jurisdiction over debtors of the insurer outside this State; and(6) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business. (1989, c. 452, s. 1.)
NC Gen Stat § 58-30-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.|§ 58-30-5 - Persons covered.

 58-30-5. Persons covered.The proceedings authorized by this Article may be applied to:(1) All insurers that are doing, or have done, an insurance business in this State, and against whom claims arising from that business may exist now or in the future.(2) All insurers that purport to do an insurance business in this State.(3) All insurers that have insureds resident in this State.(4) All persons organized or in the process of organizing with the intent to do an insurance business in this State.(5) All persons subject to Articles 64, 65 and 66, or 67 of this Chapter; except to the extent there is a conflict between the provisions of this Article and the provisions of those Articles, in which case those Articles will govern.(6) Self-insured group workers' compensation funds subject to Article 47 of this Chapter. (1989, c. 452, s. 1; 1995, c. 471, s. 3; 1995 (Reg. Sess., 1996), c. 582, s. 1; 1999-132, s. 7.2.)
NC Gen Stat § 58-30-12 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.|§ 58-30-12 - Duty to report insurer impairment; violations; penalties.

 58-30-12. Duty to report insurer impairment; violations; penalties.(a) As used in this section:(1) "Chief executive officer", as used in subsection (b) of this section, means the person, irrespective of title, designated by the board of directors or trustees of an insurer as the person charged with administering and implementing an insurer's policies and procedures.(2) "Impaired", as used in subsections (b) and (c) of this section, means a financial condition in which the assets of an insurer are less than the sum of the insurer's minimum required capital, minimum required surplus, and all liabilities as determined in accordance with the requirements for the preparation and filing of a financial statement under G.S. 58-2-165 and under other provisions of this Chapter.(3) "Insolvent", as used in subsection (c) of this section, has the same meaning as set forth in G.S. 58-30-10(13).(b) Whenever an insurer is impaired, its chief executive officer shall, as soon as is reasonably possible, notify the Commissioner in writing of the impairment and shall at the same time notify in writing all of the members of the board of directors or trustees of the insurer, if the chief executive officer knows or has reason to know of the impairment. An officer, director, or trustee of an insurer shall notify the chief executive officer of the impairment of the insurer if the officer, director, or trustee knows or has reason to know that the insurer is impaired. Any person who knowingly violates this subsection shall, upon conviction, be guilty of a Class 1 misdemeanor.(c) Any person who willfully:(1) Conceals any property belonging to an insurer; or(2) Transfers or conceals in contemplation of a delinquency proceeding the person's own property or property belonging to an insurer; or(3) Conceals, destroys, mutilates, alters, or makes a false entry in any document that affects or relates to the property of an insurer or withholds any such document from a receiver, trustee, or other officer of a court entitled to its possession; or(4) Gives, obtains, or receives a thing of value for acting or forbearing to act in any court proceedings;and any such act results in or contributes to an insurer becoming impaired or insolvent; shall be guilty of a Class H felony. (1991, c. 681, s. 40; 1993, c. 539, s. 455; 1994, Ex. Sess., c. 24, s. 14(c).)