reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-21-11 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-11 - Home state.

 58-21-11. Home state.(a) The provisions of this Article shall apply to those transactions in which North Carolina is the home state of the insured.(b) Except as provided in subsection (c) of this section, the term "home state" means, with respect to an insured, either of the following:(1) The state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence.(2) If one hundred percent (100%) of the insured risk is located out of the state referred to in subdivision (1) of this subsection, the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.(c) Affiliated Groups. - If two or more insureds from an affiliated group are named insureds on a single nonadmitted insurance contract, the term "home state" means the home state, as determined pursuant to subsection (b) of this section, of the member of the affiliated group that has the largest percentage of premium attributed to it under that insurance contract.  (2011-120, s. 3.)
NC Gen Stat § 58-21-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-15 - Placement of surplus lines insurance.

 58-21-15. Placement of surplus lines insurance.Surplus lines may be placed by a surplus lines licensee if all of the following apply:(1) Each insurer is an eligible surplus lines insurer.(1a) Each insurer is authorized to write the kind of insurance in its domiciliary jurisdiction.(2) The full amount or kind of insurance cannot be obtained from insurers who are admitted to do business in this State. Such full amount or kind of insurance may be procured from eligible surplus lines insurers, provided that a diligent search is made among the insurers who are admitted to transact and are actually writing the particular kind and class of insurance in this State.(3) All other requirements of this Article are met.  (1985, c. 688, s. 1; 1985 (Reg. Sess., 1986), c. 1013, s. 5; 2011-120, s. 4.)
NC Gen Stat § 58-21-17 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-17 - Placement with alien insurers.

 58-21-17. Placement with alien insurers.Nothing in this Article prohibits a surplus lines licensee from placing surplus lines insurance with, or procuring surplus lines insurance from, a nonadmitted insurer domiciled outside the United States that is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the NAIC.  (2011-120, s. 5.)
NC Gen Stat § 58-21-22 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-22 - Limitation on amount of salary protection insurance.

 58-21-22. Limitation on amount of salary protection insurance.When salary protection insurance benefits are payable to an individual or an individual's beneficiary, the amount of salary protection insurance plus the amount of any in-force disability income insurance, if the individual can obtain disability insurance from an admitted insurer, shall not exceed seventy-five percent (75%) of the individual's annual earned income. As used in this section, "disability income insurance" has the same meaning as "accident and health insurance" in G.S. 58-7-15(3).  (2011-370, s. 2.)
NC Gen Stat § 58-21-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-25 - Other nonadmitted insurers.

 58-21-25. Other nonadmitted insurers.Only that portion of any risk eligible for export for which the full amount of coverage is not procurable from eligible surplus lines insurers may be placed with any other nonadmitted insurer that does not appear on the list of eligible surplus lines insurers published by the Commissioner pursuant to G.S. 58-21-20(b), but nonetheless meets the requirements set forth in G.S. 58-21-20(a)(1) through (a)(3) and any regulations of the Commissioner. The surplus lines licensee seeking to provide coverage through an unlisted nonadmitted insurer shall make a filing specifying the amount and percentage of each risk to be placed, and naming the nonadmitted insurer with which placement is intended. Within 30 days after the coverage has been placed, the producing broker or surplus lines licensee shall send written notice to the insured that the insurance, or a portion thereof, has been placed with such nonadmitted insurer. (1985, c. 688, s. 1.)
NC Gen Stat § 58-21-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-30 - Withdrawal of eligibility from a surplus lines insurer.

 58-21-30. Withdrawal of eligibility from a surplus lines insurer.If at any time the Commissioner has reason to believe that an eligible surplus lines insurer:(1) Is in unsound financial condition or has acted in an untrustworthy manner,(2) Is no longer eligible under G.S. 58-21-20,(3) Has willfully violated the laws of this State, or(4) Does not make reasonably prompt payment of just losses and claims in this State or elsewhere, the Commissioner may declare it ineligible. The Commissioner shall promptly mail notice of all such declarations to each surplus lines licensee. (1985, c. 688, s. 1; 2001-223, s. 17.2.)
NC Gen Stat § 58-21-35 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-35 - Duty to file and retain reports.

 58-21-35. Duty to file and retain reports.(a) Within 30 days after the placing of any surplus lines insurance, the surplus lines licensee shall file with the Commissioner or the stamping office, as appropriate, a report in a format prescribed by the Commissioner regarding the insurance and including the following information:(1) The name of the insured.(2) The identity of the insurer or insurers.(3) A description of the subject and location of the risk.(4) The amount of premium charged for the insurance.(5) The amount of premium tax for the insurance.(6) The policy period.(7) The policy number.(7a) An acknowledged statement that the surplus lines licensee has complied with G.S. 58-21-15 or G.S. 58-21-16, whichever is applicable.(8) The name, address, telephone number, facsimile telephone number, and electronic mail address of the licensee, as applicable.(9) Any other relevant information the Commissioner may reasonably require.(b) The licensee shall complete and retain a copy of the report in paper or electronic form as required by the Commissioner. The report required by this section is not a public record under G.S. 132-1 or G.S. 58-2-100.  (1985, c. 688, s. 1; 1987, c. 864, s. 35; 1993 (Reg. Sess., 1994), c. 678, s. 16; 1999-219, s. 6.1; 2006-105, s. 2.6; 2011-120, s. 7; 2015-101, s. 2; 2019-179, s. 2(a).)
NC Gen Stat § 58-21-40 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-40 - Surplus lines regulatory support organization.

 58-21-40. Surplus lines regulatory support organization.(a) The North Carolina Surplus Lines Association (NCSLA) shall serve as the regulatory support organization of surplus lines licensees and shall carry out the following functions:(1) Facilitate and encourage compliance by resident and nonresident surplus lines licensees with the laws of this State and the rules and regulations of the Commissioner relative to surplus lines insurance.(2) Communicate with organizations of admitted insurers with respect to the proper use of the surplus lines market.(3) Receive and disseminate to surplus lines licensees information about surplus lines insurance, including, without limitation, new electronic filing procedures approved by the Commissioner, changes in the list of eligible surplus lines insurers, and modifications in coverages, procedures, and requirements as may be requested by the Commissioner.(4) Establish and operate a stamping office to process all surplus lines insurance and remit premium taxes for those coverages under G.S. 58-21-85 by means satisfactory to the Commissioner, and charge surplus lines licensees a fee for such processing.(b) The NCSLA shall file with the Commissioner all of the following:(1) A copy of its constitution, articles of agreement or association, or certificate of incorporation.(2) A copy of its bylaws and rules governing its activities.(3) Repealed by Session Laws 2019-179, s. 2(b), effective July 26, 2019.(4) The name and address of a resident of this State upon whom notices or orders of the Commissioner or processes issued at his direction may be served.(5) An agreement that the Commissioner may examine the NCSLA in accordance with subsection (c) of this section.(c) The Commissioner may, at times deemed appropriate, make or cause to be made an examination of the NCSLA in which case the provisions of G.S. 58-2-131, 58-2-132, 58-2-133, 58-2-134, 58-2-150, 58-2-155, 58-2-180, 58-2-185, 58-2-190, 58-2-195, and 58-2-200 shall apply. If the Commissioner finds the NCSLA or any surplus lines licensee to be in violation of this Article, the Commissioner may issue an order requiring the discontinuance of the violation.(d) Each surplus lines licensee shall maintain active membership in the NCSLA as a condition of continued licensure under this Article.  (1985, c. 688, s. 1; 1987 (Reg. Sess., 1988), c. 975, s. 13; 1995, c. 193, s. 28; 1999-132, s. 11.3; 2001-203, s. 28; 2001-451, ss. 2.1, 2.2; 2001-487, s. 63; 2015-101, s. 3; 2018-120, s. 2.1(g); 2019-179, s. 2(b).)
NC Gen Stat § 58-21-50 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-50 - Duty to notify insured.

 58-21-50. Duty to notify insured.No contract of insurance placed by a surplus lines licensee under this Article shall be binding upon the insured and no premium charged therefor shall be due and payable until the producing broker or surplus lines licensee notifies the insured in writing, a copy of which shall be maintained by the broker or licensee with the records of the contract and available for possible examination, that:(1) For surplus lines insurers that are not a nonadmitted domestic surplus lines insurer, the insurer with which the coverage has been placed is not licensed by this State and is not subject to its supervision and in the event the insurer who issued this policy becomes insolvent, losses will not be paid by any State guaranty or solvency fund.(2) For nonadmitted domestic surplus lines insurers, in the event of the insolvency of the surplus lines insurer with which the coverage has been placed, losses will not be paid by any State insurance guaranty or solvency fund.Nothing in this section shall nullify any agreement by any insurer to provide insurance.  (1985, c. 688, s. 1; 2018-120, s. 2.1(i).)
NC Gen Stat § 58-21-55 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-55 - Valid surplus lines insurance.

 58-21-55. Valid surplus lines insurance.Insurance contracts procured under this Article shall be valid and enforceable as to all parties. (1985, c. 688, s. 1.)
NC Gen Stat § 58-21-60 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-60 - Effect of payment to surplus lines licensee.

 58-21-60. Effect of payment to surplus lines licensee.A payment of premium to a surplus lines licensee acting for a person other than himself in negotiating, continuing, or reviewing any policy of insurance under this Article shall be deemed to be payment to the insurer, notwithstanding any conditions or stipulations inserted in the policy or contract. (1985, c. 688, s. 1.)
NC Gen Stat § 58-21-65 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-65 - Licensing of surplus lines license.

 58-21-65. Licensing of surplus lines license.(a) For insureds whose home state is this State, no agent or broker licensed by the Commissioner shall directly procure any contract of surplus lines insurance with any nonadmitted domestic surplus lines insurer or nonadmitted insurer, unless he possesses a current surplus lines insurance license issued by the Commissioner.(b) The Commissioner shall issue a surplus lines license to any qualified holder of a current property and casualty agent's license, but only when the agent has done all of the following:(1) Remitted the fifty dollars ($50.00) annual fee to the Commissioner.(2) Submitted a completed license application on a form supplied by the Commissioner, and the application has been approved by the Commissioner.(3) Passed a qualifying examination approved by the Commissioner; except that all holders of a license prior to July 11, 1985 shall be deemed to have passed such an examination.(4) Repealed by Session Laws 2004-199, s. 20(c), effective August 17, 2004.(c) Corporations shall be eligible to be surplus lines licensees, upon the following conditions:(1) The corporate licensee shall list individuals within the corporation who have satisfied all requirements of this Article to become surplus lines licensees; and(2) Only those individuals listed on the corporate license and who are surplus lines licensees shall transact surplus lines business.(d) Each surplus lines license shall be issued on September 1 of each year and expire August 31 of the following year unless renewed. Application for renewal shall be made 30 days before the expiration date. The license shall be renewed upon payment of the annual license fee and compliance with the other applicable provisions of this section. Any person who places surplus lines insurance without a valid surplus lines license in effect shall pay a penalty of one thousand dollars ($1,000) and be subject to such other penalties as provided by law.The clear proceeds of civil penalties provided for in this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.(e) Any person who does not renew a surplus lines license and applies for another surplus lines license more than two years after the expiration date of the previous license shall be required to satisfy every condition in this section, including the written exam, before the Commissioner issues another surplus lines license to that person.(f) Repealed by Session Laws 2011-120, s. 8, effective July 21, 2011.  (1985, c. 688, s. 1; 1985 (Reg. Sess., 1986), c. 928, s. 6; c. 1013, ss. 4, 16; 1987, c. 629, s. 18; c. 752, s. 6; 1987 (Reg. Sess., 1988), c. 975, s. 14; 1991, c. 212, s. 1; c. 644, s. 41; 1998-215, s. 85; 2004-199, s. 20(c); 2008-124, s. 10.2; 2009-566, s. 11; 2011-120, s. 8; 2015-101, s. 4; 2015-281, s. 14; 2018-120, s. 2.1(j).)
NC Gen Stat § 58-21-70 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-70 - Surplus lines licensees may accept business from other agents or brokers.

 58-21-70. Surplus lines licensees may accept business from other agents or brokers.(a) A surplus lines licensee may originate surplus lines insurance or accept such insurance from any other duly licensed agent or broker, and the surplus lines licensee may compensate such agent or broker therefor.(b), (c) Repealed by Session Laws 2015-101, s. 5, effective January 1, 2017.  (1985, c. 688, s. 1; 2001-451, s. 2; 2015-101, s. 5; 2015-281, s. 14.)
NC Gen Stat § 58-21-75 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-75 - Records of surplus lines licensee.

 58-21-75. Records of surplus lines licensee.Each surplus lines licensee shall keep in his or her office a full and true record of each surplus lines insurance contract placed by or through the licensee, including a copy of the policy, certificate, cover note, or other evidence of insurance. The record shall include the following items:(1) Amount of the insurance and perils insured;(2) Brief description of the property insured and its location;(3) Gross premium charged;(4) Any return premium paid;(5) Rate of premium charged upon the several items of property;(6) Effective date of the contract, and the terms of the contract;(7) Name and address of the insured;(8) Name and address of the insurer;(9) Amount of tax and other sums to be collected from the insured;(10) Identity of the producing broker, any confirming correspondence from the insurer or its representative, and the application; and(11) Copy of the compliance agreement.The record of each contract shall be kept open at all reasonable times to examination by the Commissioner without notice for a period not less than five years following termination of the contract.  (1985, c. 688, s. 1; 1991, c. 644, s. 42; 2018-120, s. 2.1(k); 2019-179, s. 2(c).)
NC Gen Stat § 58-21-85 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-85 - Surplus lines tax.

 58-21-85. Surplus lines tax.(a) Gross premiums charged, less any return premiums, for surplus lines insurance on insureds for whom North Carolina is the home state are subject to a premium receipts tax of five percent (5%), which shall be collected in a manner approved by the Commissioner, in addition to the full amount of the gross premium charged by the insurer for the insurance. The tax on any portion of the premium unearned at termination of insurance having been credited by the State to the licensee shall be returned by the licensee directly to the policyholder. The surplus lines licensee is prohibited from absorbing such tax and from rebating for any reason, any part of such tax. To the extent that other states in which portions of the properties, risks, or exposures reside have failed to enter into a compact or reciprocal allocation procedure with this State, the premium tax collected shall be retained by this State.(b) At the same time that he files his quarterly report as set forth in G.S. 58-21-80, each surplus lines licensee shall pay the premium receipts tax due for the period covered by the report.(c) This section does not apply to risks of State government agencies nor to risks of local government risk pools created and operating under Article 23 of this Chapter.(d) The surplus lines licensee placing the insurance and claiming the exemption in subsection (c) of this section shall affirmatively show in writing to the Commissioner that the risk qualifies for the exemption.  (1985, c. 688, s. 1; 1985 (Reg. Sess., 1986), c. 928, s. 11; 1987, c. 727, ss. 2, 3; c. 864, s. 37; 2011-120, s. 9; 2015-101, s. 6; 2015-281, s. 14; 2018-120, s. 2.1(l).)
NC Gen Stat § 58-21-90 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-90 - Collection of tax.

 58-21-90. Collection of tax.All provisions of Chapter 105 of the General Statutes, not inconsistent with this Article, relating to administration, auditing and making returns, the imposition and collection of tax and the lien thereon, assessments, refunds, and penalties, shall be applicable to the tax imposed by this Article; and with respect thereto, the Commissioner has the same power and authority as is given to the Secretary of Revenue under the provisions of Chapter 105 of the General Statutes. (1985, c. 688, s. 1; 1985 (Reg. Sess., 1986), c. 928, s. 7.)
NC Gen Stat § 58-21-95 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-95 - Suspension, revocation or nonrenewal of surplus lines licensee's license.

 58-21-95. Suspension, revocation or nonrenewal of surplus lines licensee's license.The Commissioner may suspend, revoke, or refuse to renew the license of a surplus lines licensee after notice and hearing as provided under G.S. 58-2-70 upon any one or more of the following grounds:(1) Repealed by Session Laws 2019-179, s. 2(e), effective July 26, 2019.(2) Removal of the surplus lines licensee's office accounts and records during the period during which such accounts and records are required to be maintained under G.S. 58-21-75;(3) Closing of the surplus lines licensee's office for a period of more than 30 business days, unless permission is granted by the Commissioner;(4) Failure to make and file required reports;(5) Failure to transmit the required tax on surplus lines premiums;(6) Failure to pay the stamping fee to the stamping office;(7) Violation of any provision of this Article; or(8) For any other cause for which an insurance license could be denied, revoked, suspended, or renewal refused under the Insurance Law.  (1985, c. 688, s. 1; 2019-179, s. 2(e).)
NC Gen Stat § 58-21-100 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-100 - Actions against surplus lines insurer; service of process.

 58-21-100. Actions against surplus lines insurer; service of process.(a) A surplus lines insurer may be sued upon any cause of action arising in this State, under any surplus lines insurance contract made by it or evidence of insurance issued or delivered by the surplus lines licensee, pursuant to the procedure provided in G.S. 58-16-30. Any such policy issued by the surplus lines licensee shall contain a provision stating the substance of this section and designating the person to whom the Commissioner shall mail process.(b) Each surplus lines insurer engaging in surplus lines insurance shall be deemed thereby to have subjected itself to this Article.(c) The remedies and procedures provided in this section are in addition to any other methods provided by law for service of process upon insurers. (1985, c. 688, s. 1; 1991, c. 720, s. 43.)
NC Gen Stat § 58-21-105 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 21 - Surplus Lines Act.|§ 58-21-105 - Penalties.

 58-21-105. Penalties.(a) Any surplus lines licensee who in this State represents or aids a nonadmitted domestic surplus lines insurer or a nonadmitted insurer in violation of this Article shall be guilty of a Class 1 misdemeanor.(b) In addition to any other penalty provided for in this section or otherwise provided by law, including any suspension, revocation, or refusal to renew a license, any person violating any provision of this Article shall be subject to a civil penalty, payment of restitution, or both, in accordance with G.S. 58-2-70.  (1985, c. 688, s. 1; 1993, c. 539, s. 450; 1994, Ex. Sess., c. 24, s. 14(c); 2018-120, s. 2.1(m).)
NC Gen Stat § 58-22-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 22 - Liability Risk Retention.|§ 58-22-1 - Purpose.

 58-22-1. Purpose.The purpose of this Article is to regulate the formation and operation of risk retention and purchasing groups in this State that are formed pursuant to the provisions of the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986 (15 U.S.C. 3901 et seq.). (1985 (Reg. Sess., 1986), c. 1013, s. 8; 1987, c. 310, s. 1.)
NC Gen Stat § 58-22-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 22 - Liability Risk Retention.|§ 58-22-25 - Compulsory association.

 58-22-25. Compulsory association.(a) No risk retention group is required to join or contribute financially to any insurance insolvency or guaranty fund or similar mechanism in this State; nor shall any risk retention group or its insureds receive any benefit from any such fund for claims arising out of the operations of such risk retention group.(b) A risk retention group may be required to participate in residual market mechanisms under Articles 37 and 42 of this Chapter. (1987, c. 310.)
NC Gen Stat § 58-22-30 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 22 - Liability Risk Retention.|§ 58-22-30 - Countersignature not required.

 58-22-30. Countersignature not required.A policy of insurance issued to a risk retention group or any member of that group is not required to be countersigned as otherwise provided in Articles 1 through 64 of this Chapter. (1985 (Reg. Sess., 1986), c. 1013, s. 8; 1987, c. 310.)