reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-61-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 61 - Regulation of Interest Rates on Life Insurance Policy Loans.|§ 58-61-5 - Definitions.

 58-61-5. Definitions.For purposes of this Article the "Published Monthly Average" means:(1) The Monthly Average of the Composite Yield on Seasoned Corporate Bonds as published by Moody's Investors Service, Inc., or any successor thereto; or(2) In the event that the Monthly Average of the Composite Yield on Seasoned Corporate Bonds is no longer published, a substantially similar average, established by regulation issued by the Commissioner. (1981, c. 841, s. 1.)
NC Gen Stat § 58-61-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 61 - Regulation of Interest Rates on Life Insurance Policy Loans.|§ 58-61-15 - Applicability to existing policies.

 58-61-15. Applicability to existing policies.The provisions of this Article shall not apply to any insurance contract issued before September 1, 1981. (1981, c. 841, s. 1.)
NC Gen Stat § 58-62-2 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-2 - Title.

 58-62-2. Title.This Article shall be known and may be cited as the North Carolina Life and Health Insurance Guaranty Association Act. (1991, c. 681, s. 56.)
NC Gen Stat § 58-62-6 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-6 - Purpose.

 58-62-6. Purpose.(a) The purpose of this Article is to protect, subject to certain limitations, the persons specified in G.S. 58-62-21(a) against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in G.S. 58-62-21(b), because of the delinquency of the member insurer that issued the policies, plans, or contracts.(b) To provide this protection, an association of member insurers is created to pay benefits and to continue coverages as limited herein, and members of the Association are subject to assessment to provide funds to carry out the purpose of this Article.  (1991, c. 681, s. 56; 2018-120, s. 1.1(a).)
NC Gen Stat § 58-62-11 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-11 - Construction.

 58-62-11. Construction.This Article shall be liberally construed to effect the purpose under G.S. 58-62-6, which shall constitute an aid and guide to interpretation. (1991, c. 681, s. 56.)
NC Gen Stat § 58-62-26 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-26 - Creation of the Association.

 58-62-26. Creation of the Association.(a) There is created a nonprofit legal entity to be known as the North Carolina Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the Association as a condition of their authority to transact insurance or a health maintenance organization business in this State. The Association shall perform its functions under the Plan established and approved under G.S. 58-62-46 and shall exercise its powers through the Board established under G.S. 58-62-31. For purposes of administration and assessment, the Association shall maintain two accounts:(1) The life insurance and annuity account, which includes the following subaccounts:a. Life insurance account.b. Annuity account, which shall include annuity contracts owned by a governmental retirement plan or its trustee established under Section 401, 403(b), or 457 of the United States Internal Revenue Code 1954, but shall otherwise exclude unallocated annuities.c. Unallocated annuity account, which shall exclude contracts owned by a governmental retirement benefit plan or its trustee established under Section 401, 403(b), or 457 of the United States Internal Revenue Code 1954.(2) The health account.(b) The Association is under the immediate supervision of the Commissioner and is subject to the applicable provisions of this Article. Meetings or records of the Association may be opened to the public upon majority vote of the Board.  (1991, c. 681, s. 56; 2018-120, s. 1.1(d).)
NC Gen Stat § 58-62-31 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-31 - Board of directors.

 58-62-31. Board of directors.(a) The Board shall consist of not less than seven nor more than 11 member insurers serving terms as established in the Plan. The members of the Board shall be selected by member insurers, subject to the Commissioner's approval. Vacancies on the Board shall be filled for the remaining period of the term by a majority vote of the remaining Board members, subject to the Commissioner's approval. In addition, two persons who must be public representatives shall be appointed by the Commissioner to the Board. A public representative may not be an officer, director, or employee of an insurance company or health maintenance organization or any person engaged in insurance or health maintenance organization business. To select the initial Board, and initially organize the Association, the Board's predecessor shall notify all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting, each member insurer is entitled to one vote in person or by proxy. If the Board is not selected within 60 days after notice of the organizational meeting, the Commissioner may appoint the initial members.(b) In approving selections or in appointing members to the Board, the Commissioner shall ensure that all member insurers are fairly represented between member insurers that write primarily life insurance and annuity contracts and member insurers that write primarily health benefit plans.(c) Members of the Board may be reimbursed from the assets of the Association for expenses they incur as members of the Board, but they shall not otherwise be compensated by the Association for their services.  (1991, c. 681, s. 56; 2018-120, s. 1.1(e).)
NC Gen Stat § 58-62-46 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-46 - Plan of operation.

 58-62-46. Plan of operation.(a) The Association shall submit to the Commissioner a Plan and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the Association. The Plan and any amendments shall become effective upon the Commissioner's written approval or unless the Commissioner has not disapproved it within 30 days.(b) If the Association fails to submit a suitable Plan within 120 days after the effective date of this Article or if at any time thereafter the Association fails to submit suitable amendments to the Plan, the Commissioner shall, after notice and hearing, adopt rules that are necessary or advisable to carry out the provisions of this Article. The rules shall continue in force until modified by the Commissioner or superseded by a Plan submitted by the Association and approved by the Commissioner.(c) All member insurers shall comply with the Plan.(d) The Plan shall, in addition to other requirements specified in this Article, establish all of the following:(1) Procedures for handling the assets of the Association.(2) The amount and method of reimbursing members of the Board under G.S. 58-62-31.(3) Regular places and times for meetings, including telephone conference calls, of the Board.(4) Procedures for records to be kept of all financial transactions of the Association, its agents, and the Board.(5) Procedures whereby selections for the Board will be made and submitted to the Commissioner.(6) Any additional procedures for assessments under G.S. 58-62-41.(7) Additional provisions necessary or proper for the execution of the powers and duties of the Association.(8) Procedures whereby a director may be removed for cause, including in the case where a member insurer director becomes a delinquent insurer.(9) Policies and procedures for the Board to address conflicts of interests.(e) The Plan may provide that any or all powers and duties of the Association, except those under G.S. 58-62-36(r) and G.S. 58-62-41, may be delegated to a corporation, association, or other organization that performs or will perform functions similar to those of the Association, or its equivalent, in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the Association and shall be paid for its performance of any function of the Association. A delegation under this subsection is effective only with the approval of both the Board and the Commissioner, and may be made only to a corporation, association, or organization that extends protection not substantially less favorable and effective than that provided by this Article.  (1991, c. 681, s. 56; 2018-120, s. 1.1(h).)
NC Gen Stat § 58-62-56 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-56 - Prevention of delinquencies.

 58-62-56. Prevention of delinquencies.(a) To aid in the detection and prevention of member insurer delinquencies, it is the Commissioner's duty to:(1) Notify insurance regulators of all the other states, territories of the United States, and the District of Columbia within 30 days when revoking or suspending the license of a member insurer, or making any formal order that the member insurer restrict its premium writing, obtain additional contributions to surplus, withdraw from this State, reinsure all or any part of its business, or increase capital, surplus, or any other account for the security of policy owners, contract owners, certificate holders or creditors.(2) Report to the Board when the Commissioner has taken any of the actions in subdivision (1) of this subsection or has received a report from another insurance regulator indicating that any such action has been taken in another state. The report to the Board shall contain all significant details of the action taken or the report received from another insurance regulator.(3) Report to the Board when the Commissioner has reasonable cause to believe from any examination, whether completed or in process, of any member insurer that the member insurer may be delinquent.(4) Furnish the Board with the NAIC Insurance Regulatory Information System financial test ratios and a listing of companies that are not included in the ratios developed by the NAIC; and the Board may use that data in carrying out its duties and responsibilities under this section. The data shall be kept confidential by the Board until it is made public by the Commissioner or another lawful authority.(b) The Commissioner may seek the advice and recommendations of the Board concerning any matter affecting the Commissioner's duties and responsibilities regarding the financial condition of member insurers and insurers or health maintenance organizations seeking admission to transact business in this State.(c) The Board may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer or germane to the solvency of any insurer or health maintenance organization seeking to do business in this State. The reports and recommendations are not public records.(d) The Board shall, upon majority vote, notify the Commissioner of any information indicating that any member insurer may be delinquent.(e) Repealed by Session Laws 2018-120, s. 1.1(j), effective June 28, 2018.(f) The Board may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of member insurer insolvencies.(g) Repealed by Session Laws 2018-120, s. 1.1(j), effective June 28, 2018.  (1991, c. 681, s. 56; 1995, c. 360, s. 2(k); 2018-120, s. 1.1(j).)
NC Gen Stat § 58-62-66 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-66 - Examination of the Association; annual report.

 58-62-66. Examination of the Association; annual report.The Association is subject to examination and regulation by the Commissioner. The Board shall submit to the Commissioner each year, not later than 120 days after the Association's fiscal year, a financial report in a form approved by the Commissioner and a report of its activities during the preceding fiscal year. Upon the request of a member insurer, the Association shall provide the member insurer with a copy of the report.  (1991, c. 681, s. 56; 2018-120, s. 1.1(l).)
NC Gen Stat § 58-62-75 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-75 - Tax exemptions.

 58-62-75. Tax exemptions.The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real property. (1973, c. 1438, s. 1.)
NC Gen Stat § 58-62-76 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-76 - Immunity.

 58-62-76. Immunity.There is no liability by, and no cause of action of any nature arises against, any member insurer or its agents or employees, the Association or its agents or employees, members of the Board, the Commissioner or the Commissioner's representatives, or insurance regulators or their representatives, for any act or omission by them in the performance of their powers and duties under this Article. This immunity extends to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees. (1991, c. 681, s. 56.)
NC Gen Stat § 58-62-77 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-77 - Actions not precluded.

 58-62-77. Actions not precluded.Nothing in this Article precludes any resident from bringing any action against the Association in any court of competent jurisdiction with respect to any contractual obligation arising under covered policies. (1993 (Reg. Sess., 1994), c. 678, s. 26.)
NC Gen Stat § 58-62-81 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-81 - Stay of proceedings; reopening default judgments.

 58-62-81. Stay of proceedings; reopening default judgments.All proceedings in which the insolvent insurer is a party in any court in this State shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the Association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict or finding based on default, the Association may apply to have the judgment set aside by the same court that made the judgment and may defend against such suit on the merits.  (1991, c. 681, s. 56; 2018-120, s. 1.1(m).)
NC Gen Stat § 58-62-95 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 62 - Life and Health Insurance Guaranty Association.|§ 58-62-95 - Use of deposits made by impaired or insolvent insurer.

 58-62-95. Use of deposits made by impaired or insolvent insurer.Notwithstanding any other provision of this Chapter pertaining to the use of deposits made by insurance or health maintenance organization companies for the protection of policy or contract owners, certificate holders, or enrollees, the Association shall receive, upon its request, from the Commissioner and may expend, any deposit or deposits made, whether or not made pursuant to statute, by a member insurer determined to be impaired or insolvent under this Article to the extent those deposits are needed by the Association to pay contractual obligations of that impaired or insolvent insurer owed under covered policies as required by this Article, and to the extent those deposits are needed to pay all expenses of the Association relating to the impaired or insolvent insurer: Provided that the Commissioner may retain and use an amount of the deposit up to ten thousand dollars ($10,000) to defray administrative costs to be incurred by the Commissioner in carrying out his powers and duties with respect to the impaired or insolvent insurer, notwithstanding G.S. 58-5-70. The Association shall account to the Commissioner and the impaired or insolvent insurer for all deposits received from the Commissioner under this section. After the deposits of the impaired or insolvent insurer received by the Association under this section have been expended by the Association for the purposes set out in this section, the member insurers shall be assessed as provided by this Article to pay any remaining liabilities of the Association arising under this Article.  (1979, c. 418; 1985, c. 666, s. 42; 1989, c. 452, s. 6; 1993 (Reg. Sess., 1994), c. 678, s. 28; 2018-120, s. 1.1(o).)
NC Gen Stat § 58-63-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-1 - Declaration of purpose.

 58-63-1. Declaration of purpose.The purpose of this Article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all such practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined. (1949, c. 1112.)
NC Gen Stat § 58-63-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-5 - Definitions.

 58-63-5. Definitions.When used in this Article:(1) Repealed by Session Laws 1991, c. 720, s. 6.(2) "Person" means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance under this Chapter; and includes agents, brokers, limited representatives, and adjusters. (1949, c. 1112; 1987, c. 629, s. 10; 1991, c. 720, s. 6; 1999-244, s. 13.)
NC Gen Stat § 58-63-10 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-10 - Unfair methods of competition or unfair and deceptive acts or practices prohibited.

 58-63-10. Unfair methods of competition or unfair and deceptive acts or practices prohibited.No person shall engage in this State in any trade practice which is defined in this Article as or determined pursuant to this Article to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. (1949, c. 1112.)
NC Gen Stat § 58-63-20 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-20 - Power of Commissioner.

 58-63-20. Power of Commissioner.The Commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this State in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by G.S. 58-63-10. (1949, c. 1112; 1991, c. 720, s. 62.)
NC Gen Stat § 58-63-32 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-32 - Cease and desist order.

 58-63-32. Cease and desist order.(a) If, after a hearing under G.S. 58-63-25, the Commissioner determines that the method of competition or the act or practice in question is defined in G.S. 58-63-15 and that the person complained of has engaged in the method of competition, act, or practice in violation of this Article, the Commissioner shall reduce his finding to writing and shall issue and cause to be served upon the person charged with the violation an order requiring the person to cease and desist from engaging in the method, act, or practice.(b) Until the expiration of the time allowed under G.S. 58-63-35(a) for filing a petition for review, if no such petition has been duly filed within that time, then until the transcript of the record in the proceeding has been filed in court, the Commissioner may at any time, upon such notice and in such manner as the Commissioner considers proper, modify or set aside in whole or in part any order issued by the Commissioner under this section.(c) After the expiration of the time allowed for filing a petition for review, if no such petition has been duly filed within that time, 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 the action or if the public interest requires. (1991, c. 644, s. 28.)
NC Gen Stat § 58-63-45 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-45 - Judicial review by intervenor.

 58-63-45. Judicial review by intervenor.If the report of the Commissioner does not charge a violation of this Article, then any intervenor in the proceedings may within 10 days after the service of such report, cause a notice of appeal to be filed in the Superior Court of Wake County for a review of such report. Upon such review, the court shall have authority to issue appropriate orders and decrees in connection therewith, including, if the court finds that it is to the interest of the public, orders enjoining and restraining the continuance of any method of competition, act or practice which it finds, notwithstanding such report of the Commissioner, constitutes a violation of this Article. (1949, c. 1112.)
NC Gen Stat § 58-63-50 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-50 - Penalty.

 58-63-50. Penalty.Any person who willfully violates a cease and desist order of the Commissioner under G.S. 58-63-32, after it has become final, and while the order is in effect, shall forfeit and pay to the Commissioner the sum of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation, which if not paid shall be recovered in a civil action instituted in the name of the Commissioner in the Superior Court of Wake County. The clear proceeds of forfeitures provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1949, c. 1112; 1985, c. 666, s. 21; 1991, c. 720, ss. 33, 63; 1995, c. 193, s. 51; 1998-215, s. 88.)
NC Gen Stat § 58-63-55 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 63 - Unfair Trade Practices.|§ 58-63-55 - Provisions of Article additional to existing law.

 58-63-55. Provisions of Article additional to existing law.The powers vested in the Commissioner by this Article shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive. (1949, c. 1112.)