reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-45-40 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-40 - Association members may cede insurance to Association.

 58-45-40. Association members may cede insurance to Association.Any member of the Association may cede to the Association essential property insurance written on insurable property, to the extent, if any, and on the terms and conditions set forth in the plan of operation. (1967, c. 1111, s. 1; 1969, c. 249.)
NC Gen Stat § 58-45-41 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-41 - Coverage limits.

 58-45-41. Coverage limits.(a) The Association shall cause to be issued insurance up to the reasonable value of the insurable property, subject to a maximum of seven hundred fifty thousand dollars ($750,000) on habitational property. The above limits on habitational property shall apply to the value of the building only. Insurance issued by the Association for commercial property shall not exceed three million dollars ($3,000,000) on any freestanding structure or any building unit within multiple firewall divisions, provided the aggregate insurance on structures with multiple firewall divisions shall not exceed six million dollars ($6,000,000) on all interest at one risk.(b) Contents of habitational property can be insured up to forty percent (40%) of the building value. The Association shall ensure that rates accurately reflect the maximum limits for contents coverage and any reduction in contents coverage limits for habitational property.(c) If the value of the property exceeds the maximum coverage limits as described in this section, the Association shall not issue coverage without the insured's purchase of excess coverage to the full value of the property insured.  (2009-472, s. 1.)
NC Gen Stat § 58-45-46 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-46 - Unearned premium, loss, and loss expense reserves.

 58-45-46. Unearned premium, loss, and loss expense reserves.The Association shall make provisions for reserving unearned premiums and reserving for losses, including incurred but not reported losses, and loss expenses, in accordance with G.S. 58-3-71, 58-3-75, and 58-3-81. (2002-185, s. 5.1.)
NC Gen Stat § 58-45-50 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-50 - Appeal from acts of Association to Commissioner; appeal from Commissioner to superior court.

 58-45-50. Appeal from acts of Association to Commissioner; appeal from Commissioner to superior court.(a) Any person or any insurer who may be aggrieved by an act, ruling, or decision of the Association other than an act, ruling, or decision relating to (i) the cause or amount of a claimed loss or (ii) the reasonableness of expenses incurred by an insurer in adjusting windstorm and hail losses, may, within 30 days after the ruling, appeal to the Commissioner. Any hearings held by the Commissioner under the appeal shall be in accordance with rules adopted by the Commissioner: Provided, however, the Commissioner is authorized to appoint a member of the Commissioner's staff as deputy commissioner for the purpose of hearing those appeals and a ruling based upon the hearing shall have the same effect as if heard by the Commissioner. All persons or insureds aggrieved by any order or decision of the Commissioner may appeal as is provided in G.S. 58-2-75.(b) No later than 10 days before each hearing, the appellant shall file with the Commissioner or the Commissioner's designated hearing officer and shall serve on the appellee a written statement of the appellant's case and any evidence that the appellant intends to offer at the hearing. No later than five days before the hearing, the appellee shall file with the Commissioner or the designated hearing officer and shall serve on the appellant a written statement of the appellee's case and any evidence that the appellee intends to offer at the hearing. Each hearing shall be recorded and may be transcribed. If the matter is between an insurer and the Association, the cost of the recording and transcribing shall be borne equally by the appellant and appellee; provided that upon any final adjudication the prevailing party shall be reimbursed for his share of such costs by the other party. If the matter is between an insured and the Association, the cost of transcribing shall be borne equally by the appellant and appellee; provided that the Commissioner may order the Association to pay recording or transcribing costs for which the insured is financially unable to pay. Each party shall, on a date determined by the Commissioner or the designated hearing officer, but not sooner than 15 days after delivery of the completed transcript to the party, submit to the Commissioner or the designated hearing officer and serve on the other party, a proposed order. The Commissioner or the designated hearing officer shall then issue an order. (1967, c. 1111, s. 1; 1969, c. 249; 1985, c. 516, s. 3; 1989 (Reg. Sess., 1990), c. 1069, s. 18; 1991, c. 720, s. 4; 1999-219, s. 1.2; 2001-421, s. 4.2.)
NC Gen Stat § 58-45-55 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-55 - Reports of inspection made available.

 58-45-55. Reports of inspection made available. All reports of inspection performed by or on behalf of the Association shall be made available to the members of the Association, applicants, agent or broker, and the Commissioner. (1967, c. 1111, s. 1; 1969, c. 249.)
NC Gen Stat § 58-45-60 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-60 - Association and Commissioner immune from liability.

 58-45-60. Association and Commissioner immune from liability.There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the board of directors, or the Commissioner or his representatives for any action taken by them in good faith in the performance of their powers and duties under this Article. (1967, c. 1111, s. 1; 1969, c. 249; 1991, c. 720, s. 4; 1999-114, s. 5.)
NC Gen Stat § 58-45-65 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-65 - Association to file annual report with Commissioner.

 58-45-65. Association to file annual report with Commissioner. The Association shall file in the office of the Commissioner on an annual basis on or before January 1 a statement which shall summarize the transactions, conditions, operations and affairs of the Association during the preceding year. Such statement shall contain such matters and information as are prescribed by the Commissioner and shall be in such form as is approved by him. The Commissioner may at any time require the Association to furnish to him any additional information with respect to its transactions or any other matter which the Commissioner deems to be material to assist him in evaluating the operation and experience of the Association. (1967, c. 1111, s. 1; 1969, c. 249; 1987 (Reg. Sess., 1988), c. 975, s. 27.)
NC Gen Stat § 58-45-65.1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-65.1 - Association to be audited.

 58-45-65.1. Association to be audited.The Association shall be audited on an annual basis by an auditor selected by the Commissioner.  (2009-472, s. 1.)
NC Gen Stat § 58-45-70 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-70 - Commissioner may examine affairs of Association.

 58-45-70. Commissioner may examine affairs of Association.The Commissioner may from time to time make an examination into the affairs of the Association when he deems it to be prudent and in undertaking such examination he may hold a public hearing pursuant to the provisions of G.S. 58-2-50. When making an examination under this section, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the reasonable cost of which shall be borne by the Association. Examinations shall be conducted in accordance with G.S. 58-2-131, 58-2-132, and 58-2-133.  (1967, c. 1111, s. 1; 1969, c. 249; 2009-472, s. 1.)
NC Gen Stat § 58-45-71 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-71 - Report of member companies to Commissioner.

 58-45-71. Report of member companies to Commissioner.Each member company of the Association shall report by February 1 of each year to the Commissioner the amount of homeowners' coverage, including separate coverage for homeowners' wind and hail, written in the preceding calendar year by that member company in the beach area and the coastal area. The report shall include the number and type of homeowners' policies written by the member company in each area, the total amount of homeowners' coverage for each area, any increases and decreases in homeowners' coverage written in each area from the prior year, and other information as prescribed by the Commissioner and in such form as approved by him.  (2009-472, s. 1.)
NC Gen Stat § 58-45-75 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-75 - Commissioner authorized to promulgate reasonable rules and regulations.

 58-45-75. Commissioner authorized to promulgate reasonable rules and regulations.The Commissioner shall have authority to make reasonable rules and regulations, not inconsistent with law, to enforce, carry out and make effective the provisions of this Article. The Commissioner shall not be liable for any act or omission in connection with the administration of the duties imposed upon him by the provisions of this Article. (1967, c. 1111, s. 1; 1969, c. 249; 1991, c. 720, s. 4.)
NC Gen Stat § 58-45-80 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-80 - Premium taxes to be paid through Association.

 58-45-80. Premium taxes to be paid through Association.All premium taxes due on insurance written under this Article shall be remitted by each insurer to the Association; and the Association, as collecting agent for its member companies, shall forward all such taxes to the Secretary of Revenue as provided in Article 8B of Chapter 105 of the General Statutes. (1985 (Reg. Sess., 1986), c. 928, s. 10; 1995 (Reg. Sess., 1996), c. 747, s. 12.)
NC Gen Stat § 58-45-85 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-85 - Assessment; inability to pay.

 58-45-85. Assessment; inability to pay.(a) If any insurer fails, by reason of insolvency, to pay any assessment as provided in this Article, the amount assessed each insurer shall be immediately recalculated, excluding the insolvent insurer, so that its assessment is assumed and redistributed among the remaining insurers. Any assessment against an insolvent insurer shall not be a charge against any special deposit fund held under the provisions of Article 5 of this Chapter for the benefit of policyholders.(b) The nonrecoupable assessment of a member insurer may be ordered deferred in whole or in part upon application by the insurer if, in the opinion of the Commissioner or his designee, payment of the assessment would render the insurer insolvent or in danger of insolvency or would otherwise leave the insurer in a condition so that further transaction of the insurer's business would be hazardous to its policyholders. If payment of an assessment against a member insurer is deferred by order of the Commissioner or his designee in whole or in part, the amount by which the assessment is deferred must be assessed against other member insurers in the same manner as provided in this Article. In its order of deferral, or in necessary subsequent orders, the Commissioner or his designee shall prescribe a plan by which the assessment so deferred must be repaid to the Association by the impaired insurer with interest at the six-month treasury bill rate adjusted semiannually. The plan also shall provide for the reimbursement of excess assessments paid by member companies as a result of a deferral of assessments for an impaired insurer.  (1991 (Reg. Sess., 1992), c. 784, s. 7; 2009-472, s. 1.)
NC Gen Stat § 58-45-90 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-90 - Open meetings.

 58-45-90. Open meetings.The Association is subject to the Open Meetings Act, Article 33C of Chapter 143 of the General Statutes, as amended. (2002-185, s. 7.1.)
NC Gen Stat § 58-45-95 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-95 - Information availability.

 58-45-95. Information availability.Information concerning the Association's activities shall be made fully available upon request provided that no competitive information concerning an individual company's business plans, data, or operations may be disclosed by the Association if such company has properly designated such information as being a trade secret pursuant to G.S. 66-152(3) upon submitting such information to the Association. No confidential information may be disclosed by the Association identifying individual policyholders without such policyholders' consent unless such information is provided pursuant to reasonable rules adopted by the Association permitting such information to be disclosed for the purpose of enhancing the availability of insurance that is written in the voluntary market.  (2009-472, s. 1.)
NC Gen Stat § 58-45-96 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 45 - Essential Property Insurance for Beach Area Property.|§ 58-45-96 - Succession and dissolution.

 58-45-96. Succession and dissolution.In the event that a successor organization is created to perform the Association's general functions, the surplus, assets, and liabilities then held by the Association shall be transferred to such successor organization. The pledge or sale of, the lien upon, and the security interest in any rights, revenues, or other assets of the Association created pursuant to any financing arrangements entered into by the Association shall be and remain valid and enforceable on the successor organization, notwithstanding the commencement of any rehabilitation, insolvency, liquidation, bankruptcy, conservatorship, reorganization, or similar proceeding against the Association. No such proceeding shall relieve the Association of its obligation to continue to collect assessments or other revenues pledged pursuant to any financing arrangements. In the event of dissolution, surplus then held shall not be distributed to member insurers.  (2009-472, s. 1.)
NC Gen Stat § 58-46-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-1 - Purpose and geographic coverage of Article.

 58-46-1. Purpose and geographic coverage of Article.(a) It is the purpose of this Article to provide a program whereby adequate basic property insurance may be made available to property owners having insurable property in the State. It is further the purpose of this Article to encourage the improvement of properties located in the State and to arrest the decline of properties located in the State. It is the intent of the General Assembly in creating and, from time to time, amending this Article that the market provided by this Article not be the first market of choice, but the market of last resort.(b) This Article shall apply to all geographic areas of the State except the "Beach Area" defined in G.S. 58-45-5(2).(c) As used in this Article, "crime insurance" means insurance against losses resulting from robbery, burglary, larceny, and similar crimes, as more specifically defined and limited in the various crime insurance policies, or their successor forms of coverage, approved by the Commissioner and issued by the Association. Such policies shall not be more restrictive than those issued under the Federal Crime Insurance Program authorized by Public Law 91-609. (1969, c. 1284; 1985, c. 519, s. 1; 1986, Ex. Sess., c. 7, s. 4; 1985 (Reg. Sess., 1986), c. 1027, s. 24; 1987, c. 731, s. 1; 1987 (Reg. Sess., 1988), c. 975, s. 18; 1997-498, s. 10.)
NC Gen Stat § 58-46-2 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-2 - Persons who can be insured by the Association.

 58-46-2. Persons who can be insured by the Association.As used in this Article, "person" includes the State of North Carolina and any county, city, or other political subdivision of the State of North Carolina. (2000-122, s. 6; 2002-187, s. 1.5.)
NC Gen Stat § 58-46-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-5 - Organization of underwriting association.

 58-46-5. Organization of underwriting association. All insurers licensed to write and writing property insurance in this State on a direct basis are authorized, subject to the approval and regulation by the Commissioner, to establish and maintain a FAIR Plan (Fair Access to Insurance Requirements) and to establish and maintain an underwriting association and to formulate, and from time to time, to amend the plans and articles of the association and rules and regulations in connection therewith, and to assess and share on a fair and equitable basis all expenses, income and losses incident to such FAIR Plan and underwriting association in a manner consistent with the provisions of this Article. (1969, c. 1284; 1985, c. 519, s. 2.)
NC Gen Stat § 58-46-10 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-10 - Participation in association.

 58-46-10. Participation in association.(a) Every insurer authorized to write basic property insurance in this State except town and county mutual insurance associations and assessable mutual companies as authorized by G.S. 58-7-75(5)b, 58-7-75(5)d and 58-7-75(7)b and except an insurer who only writes insurance on property exempted from taxation by the provisions of G.S. 105-278.1 through 105-278.8 shall be required to become and remain a member of the Plan and underwriting association and comply with the requirements thereof as a condition of its authority to transact basic property insurance business in the State of North Carolina.(b) An agent who is licensed under Article 33 of this Chapter as an agent of a company which is a member of the Association established under this Article shall not be deemed an agent of the Association. (1969, c. 1284; 1971, c. 1067, s. 1; 1985, c. 519, s. 3; 1987, c. 629, s. 12; 1991, c. 720, s. 24.)
NC Gen Stat § 58-46-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-15 - Requirements of Plan and authority of Association.

 58-46-15. Requirements of Plan and authority of Association.The Association formed pursuant to the provisions of this Article shall have authority on behalf of its members to cause to be issued basic property insurance policies, including coverage for farm risks; and shall offer additional extended coverage, optional perils endorsements, and crime insurance policies, or their successor forms of coverage; to reinsure in whole or in part, any such policies; and to cede any such reinsurance. The Plan adopted, pursuant to the provision of this Article, shall provide, among other things, for the perils to be covered, compensation and commissions, assessments of members, the sharing of expenses, income and losses on an equitable basis, cumulative weighted voting for the board of directors of the Association, the administration of the Plan and Association and any other matter necessary or convenient for the purpose of assuring fair access to insurance requirements. The directors of the Association may, subject to the approval of the Commissioner, amend the plan of operation at any time. The Commissioner may review the plan of operation at any time he deems to be expedient or prudent, but not less than once in each calendar year. After review of such plan the Commissioner may amend the plan after consultation with the directors and upon certification to the directors of such amendment. (1969, c. 1284; 1985, c. 519, s. 4; 1986, Ex. Sess., c. 7, ss. 5, 6; 1985 (Reg. Sess., 1986), c. 1027, s. 23; 1987, c. 864, s. 24; 1987 (Reg. Sess., 1988), c. 975, ss. 25, 29.)
NC Gen Stat § 58-46-20 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-20 - Authority of Commissioner.

 58-46-20. Authority of Commissioner.(a) Within 90 days following July 2, 1969, and before August 1, 1969, the directors of the association shall submit to the Commissioner for his review, a proposed FAIR Plan and articles of the association consistent with the provisions of this Article.(b) The FAIR Plan and articles of association shall be subject to approval by the Commissioner and shall take effect 10 days after having been approved by him. If the Commissioner disapproves all or any part of the proposed Plan and articles, the directors of the association shall within 30 days submit for review an appropriately revised Plan and articles and if the directors fail to do so, the Commissioner shall thereafter promulgate such Plan and articles not inconsistent with the provisions of this Article.(c) The Commissioner may designate the kinds of property insurance policies on principal residences to be offered by the association, including insurance policies under Article 36 of this Chapter, and the commission rates to be paid to agents or brokers for these policies, if he finds, after a hearing held in accordance with G.S. 58-2-50, that the public interest requires the designation. The provisions of Chapter 150B do not apply to any procedure under this subsection, except that G.S. 150B-39 and G.S. 150B-41 shall apply to a hearing under this subsection. Within 30 days after the receipt of notification from the Commissioner of a change in designation pursuant to this subsection, the association shall submit a revised plan and articles of association for approval in accordance with subsection (b) of this section.(d) As used in this section and in G.S. 58-46-15, "FAIR Plan", "plan of operation", and "articles of association" include all written rules, practices, and procedures of the Association, except for staffing and personnel matters. (1969, c. 1284; 1986, Ex. Sess., c. 7, s. 7; 1987, c. 731, s. 1; 1991, c. 720, s. 4; 1991 (Reg. Sess., 1992), c. 784, s. 6.)
NC Gen Stat § 58-46-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 46 - Fair Access to Insurance Requirements.|§ 58-46-25 - Temporary directors of association.

 58-46-25. Temporary directors of association. Within 10 days after July 2, 1969, the Commissioner shall appoint a temporary board of directors of the association, which temporary board of directors may prepare and submit a Plan of operation and articles of association in accordance with G.S. 58-46-20. (1969, c. 1284.)