reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-65-150 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-150 - Construction of Chapter as to single employer plans; associations exempt.

 58-65-150. Construction of Chapter as to single employer plans; associations exempt.Nothing in this Article and Article 66 of this Chapter shall be construed to affect or apply to hospital or medical and/or dental service plans which limit their membership to employees and the immediate members of the families of the employees of a single employer or his or its subsidiary or subsidiaries and which plans are operated by such employer of such limited group of the employees; nor shall this Article and Article 66 of this Chapter be construed to affect or apply to any nonstock, nonprofit medical service association which was, on January 1, 1943, organized solely for the purpose of, and actually engaged in, the administration of any medical service plan in this State upon contracts and participating agreements with physicians, surgeons, or medical societies, whereby such physicians or surgeons underwrite such plan by contributing their services to members of such association upon agreement with such association as to the schedule of fees to apply and the rate and method of payment by the association from the common fund paid in periodically by the members for medical, surgical and obstetrical care; and such hospital service plans, and such medical service associations as are herein specifically described, are hereby exempt from the provisions of this Article and Article 66 of this Chapter. The Commissioner of Insurance may require from any such hospital service plan or medical service association such information as will enable him to determine whether such hospital service plan or medical service association is exempt from the provisions of this Article and Article 66 of this Chapter. (1941, c. 338, s. 18; 1943, c. 537, s. 10; 1947, c. 140; 1961, c. 1149.)
NC Gen Stat § 58-65-165 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-165 - Commissioner of Insurance determines corporations exempt from this Article and Article 66 of this Chapter.

 58-65-165. Commissioner of Insurance determines corporations exempt from this Article and Article 66 of this Chapter.The Commissioner of Insurance may require from any corporation writing any hospital service contracts and any corporation writing medical and/or dental service contracts or any or all of them, such information as will enable him to determine whether such corporation is subject to the provisions of this Article and Article 66 of this Chapter. (1947, c. 820, s. 9; 1961, c. 1149.)
NC Gen Stat § 58-65-166 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-166 - Policy statement and definitions.

 58-65-166. Policy statement and definitions.(a) It is the public policy of this State to enable corporations organized under this Chapter to attract and maintain responsible, qualified directors, officers, employees, and agents, and, to that end, to permit corporations organized under this Chapter to allocate the risk of personal liability of directors, officers, employees, and agents through indemnification and insurance as authorized in this Part.(b) Definitions in this Part:(1) "Corporation" includes any not for profit domestic hospital, medical, or dental service corporation, or successor of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction.(2) "Director" or "Trustee" means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation's request as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise. A director is considered to be serving an employee benefit plan at the corporation's request if his duties to the corporation also impose duties on, or otherwise involve services by, him to the plan or to participants in or beneficiaries of the plan. "Director" or "Trustee" includes, unless the context requires otherwise, the estate or personal representative of a director or trustee.(3) "Expenses" means expenses of every kind incurred in defending a proceeding, including counsel fees.(4) "Liability" means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses incurred with respect to a proceeding.(5) "Official capacity" means: (i) when used with respect to a director or trustee, the office of director or trustee in a corporation; and (ii) when used with respect to an individual other than a director or trustee, as contemplated in G.S. 58-65-172, the office in a corporation held by the officer or the employment or agency relationship undertaken by the employee or agent on behalf of the corporation. "Official capacity" does not include service for any other foreign or domestic corporation or any partnership, joint venture, trust, employee benefit plan, or other enterprise.(6) "Party" includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding.(7) "Proceeding" means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal.(8) "Trustee". Whenever the term "director" or "directors" is used herein it shall include the term "trustee", or a person who is designated as a "trustee" under a corporation governed by this Article. (1989 (Reg. Sess., 1990), c. 1071, s. 1.)
NC Gen Stat § 58-65-167 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-167 - Authority to indemnify.

 58-65-167. Authority to indemnify.(a) Except as provided in subsection (d), a corporation may indemnify an individual made a party to a proceeding because he is or was a director against liability incurred in the proceeding if:(1) He conducted himself in good faith; and(2) He reasonably believed (i) in the case of conduct in his official capacity with the corporation, that his conduct was in its best interests; and (ii) in all other cases, that his conduct was at least not opposed to its best interests; and(3) In the case of any criminal proceeding, he had no reasonable cause to believe his conduct was unlawful.(b) A director's conduct with respect to an employee benefit plan for a purpose he reasonably believed to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of subsection (a)(2)(ii).(c) The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of no contest or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this section.(d) A corporation may not indemnify a director under this section:(1) In connection with a proceeding by or in the right of the corporation in which the director was adjudged liable to the corporation; or(2) In connection with any other proceeding charging improper personal benefit to him, whether or not involving action in his official capacity, in which he was adjudged liable on the basis that personal benefit was improperly received by him.(e) Indemnification permitted under this section in connection with a proceeding by or in the right of the corporation that is concluded without a final adjudication on the issue of liability is limited to reasonable expenses incurred in connection with the proceeding.(f) The authorization, approval or favorable recommendation by the board of directors of a corporation of indemnification, as permitted by this section, shall not be deemed an act or corporate transaction in which a director has a conflict of interest, and no such indemnification shall be void or voidable on such ground. (1989 (Reg. Sess., 1990), c. 1071, s. 1.)
NC Gen Stat § 58-65-168 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-168 - Mandatory indemnification.

 58-65-168. Mandatory indemnification.Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which he was a party because he is or was a director of the corporation against reasonable expenses incurred by him in connection with the proceeding. (1989 (Reg. Sess., 1990), c. 1071, s. 1.)
NC Gen Stat § 58-65-169 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-169 - Advance for expenses.

 58-65-169. Advance for expenses.Expenses incurred by a director in defending a proceeding may be paid by the corporation in advance of the final disposition of such proceeding as authorized by the board of directors in the specific case or as authorized or required under any provision in the articles of incorporation or bylaws or by any applicable resolution or contract upon receipt of an undertaking by or on behalf of the director to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the corporation against such expenses. (1989 (Reg. Sess., 1990), c. 1071, s. 1.)
NC Gen Stat § 58-65-170 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-170 - Court-ordered indemnification.

 58-65-170. Court-ordered indemnification.Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court after giving any notice the court considers necessary may order indemnification if it determines:(1) The director is entitled to mandatory indemnification under G.S. 58-65-168, in which case the court shall also order the corporation to pay the director's reasonable expenses incurred to obtain court-ordered indemnification; or(2) The director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not he met the standard of conduct set forth in G.S. 58-65-167 or was adjudged liable as described in G.S. 58-65-167(d), but if he was adjudged so liable his indemnification is limited to reasonable expenses incurred. (1989 (Reg. Sess., 1990), c. 1071, s. 1.)
NC Gen Stat § 58-65-171 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-171 - Determination and authorization of indemnification.

 58-65-171. Determination and authorization of indemnification.(a) A corporation may not indemnify a director under G.S. 58-65-167 unless authorized in the specific case after a determination has been made that indemnification of the director is permissible in the circumstances because he has met the standard of conduct set forth in G.S. 58-65-167.(b) The determination shall be made:(1) By the board of directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding;(2) If a quorum cannot be obtained under subdivision (1), by majority vote of a committee duly designated by the board of directors (in which designation directors who are parties may participate), consisting solely of two or more directors not at the time parties to the proceeding;(3) By special legal counsel (i) selected by the board of directors or its committee in the manner prescribed in subdivision (1) or (2); or (ii) if a quorum of the board of directors cannot be obtained under subdivision (1) and a committee cannot be designated under subdivision (2), selected by majority vote of the full board of directors (in which selection directors who are parties may participate); or(4) By the shareholders, but shares owned by or voted under the control of directors who are at the time parties to the proceeding may not be voted on the determination.(c) Authorization of indemnification and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under subsection (b)(3) to select counsel. (1989 (Reg. Sess., 1990), c. 1071, s. 1.)
NC Gen Stat § 58-65-172 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-172 - Indemnification of officers, employees, and agents.

 58-65-172. Indemnification of officers, employees, and agents.Unless a corporation's articles of incorporation provide otherwise:(1) An officer of the corporation is entitled to mandatory indemnification under G.S. 58-65-168 and is entitled to apply for court-ordered indemnification under G.S. 58-65-170, in each case to the same extent as a director;(2) The corporation may indemnify and advance expenses under this Part to an officer, employee, or agent of the corporation to the same extent as to a director; and(3) A corporation may also indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with public policy, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract. (1989 (Reg. Sess., 1990), c. 1071, s. 1; 1995, c. 193, s. 56.)
NC Gen Stat § 58-65-174 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 65 - Hospital, Medical and Dental Service Corporations.|§ 58-65-174 - Application of Part.

 58-65-174. Application of Part.(a) If articles of incorporation limit indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with the articles.(b) This Part does not limit a corporation's power to pay or reimburse expenses incurred by a director in connection with his appearance as a witness in a proceeding at a time when he has not been made a named defendant or respondent to the proceeding.(c) This Part shall not affect rights or liabilities arising out of acts or omissions occurring before October 1, 1990. (1989 (Reg. Sess., 1990), c. 1071, s. 1.)
NC Gen Stat § 58-66-1 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 66 - Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act.|§ 58-66-1 - Title.

 58-66-1. Title.This Article is known and may be cited as the "Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act." (1979, 2nd Sess., c. 1161, s. 1.)
NC Gen Stat § 58-66-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 66 - Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act.|§ 58-66-5 - Purpose.

 58-66-5. Purpose.The purpose of this Article is to provide that insurance certificates and subscriber contracts under this Article and Article 65 of this Chapter be readable by a person of average intelligence, experience, and education. All insurers are required by this Article to use certificate and contract forms and, where applicable, benefit booklets that are written in simple and commonly used language, that are logically and clearly arranged, and that are printed in a legible format. (1979, 2nd Sess., c. 1161, s. 1.)
NC Gen Stat § 58-66-10 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 66 - Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act.|§ 58-66-10 - Scope of application.

 58-66-10. Scope of application.(a) Except as provided in subsection (b) of this section, the provisions of this Article apply to the certificates and contracts of direct insurance and health care coverage that are described in G.S. 58-65-60(a) and (b).(b) Nothing in this Article applies to:(1) Any group contract or certificate, nor any group certificate delivered or issued for delivery outside of this State;(2) Insurers who issue benefit booklets on group and nongroup bases explaining the certificates or contracts issued under G.S. 58-65-60. In such cases, the provisions of this Article apply only to the benefit booklets furnished to the persons insured, and not to the certificates.(c) No other provision of the General Statutes setting language simplification standards shall apply to any certificate forms covered by this Article.(d) Any non-English language certificate delivered or issued for delivery in this State shall be deemed to be in compliance with this Article if the insurer certifies that such certificate is translated from an English language certificate which does comply with this Article. (1979, 2nd Sess., c. 1161, s. 1.)
NC Gen Stat § 58-66-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 66 - Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act.|§ 58-66-15 - Definitions.

 58-66-15. Definitions.As used in this Article, unless the context clearly indicates otherwise:(1) "Benefit booklet" means any written explanation of insurance coverages or benefits issued by an insurer and which is supplemental to and not a part of an insurance certificate or subscriber contract.(2) "Commissioner" means the Commissioner of Insurance.(3) "Flesch scale analysis readability score" means a measurement of the case of readability of an insurance certificate or contract made pursuant to the procedures described in G.S. 58-66-25.(4) "Insurance certificate or contract" or "policy" or "certificate" means an agreement as defined by G.S. 58-65-60.(5) "Insurer" means every corporation providing contracts or certificates of coverage of insurance as described in G.S. 58-65-1. (1979, 2nd Sess., c. 1161, s. 1.)
NC Gen Stat § 58-66-20 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 66 - Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act.|§ 58-66-20 - Format requirements.

 58-66-20. Format requirements.(a) All certificates and contracts covered by G.S. 58-66-35 must be printed in a type face at least as large as 10 point modern type, one point leaded, be written in a logical and clear order and form, and contain the following items:(1) On the cover, first, or insert page of the certificate a statement that the certificate is a legal contract between the certificate owner and the insurer, and the statement, printed in larger or other contrasting type or color, "Read your certificate carefully";(2) An index of the major provisions of the certificate, which may include the following items:a. The person or persons insured by the certificate;b. The applicable events, occurrences, conditions, losses, or damages covered by the certificate;c. The limitations or conditions on the coverage of the certificate;d. Definitional sections of the certificate;e. Provisions governing the procedure for filing a claim under the certificate;f. Provisions governing cancellation, renewal, or amendment of the certificate by either the insurer or the subscriber;g. Any options under the certificate; andh. Provisions governing the insurer's duties and powers in the event that suit is filed against the subscriber.(b) In determining whether or not a certificate is written in a logical and clear order and form the Commissioner must consider the following factors:(1) The extent to which sections or provisions are set off and clearly identified by titles, headings, or margin notations;(2) The use of a more readable format, such as narrative or outline forms;(3) Margin size and the amount and use of space to separate sections of the policy; and(4) Contrast and legibility of the colors of the ink and paper, and the use of contrasting titles or headings for sections. (1979, 2nd Sess., c. 1161, s. 1.)
NC Gen Stat § 58-66-25 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 66 - Hospital, Medical and Dental Service Corporation Readable Insurance Certificates Act.|§ 58-66-25 - Flesch scale analysis readability score; procedures.

 58-66-25. Flesch scale analysis readability score; procedures.(a) A Flesch scale analysis readability score will be measured as provided in this section.(b) For certificates containing 10,000 words or less of text, the entire certificate must be analyzed. For certificates containing more than 10,000 words, the readability of two 200-word samples per page may be analyzed in lieu of the entire certificate. The samples must be separated by at least 20 printed lines. For the purposes of this subsection a word will be counted as five printed characters or spaces between characters.(c) The number of words and sentences in the text must be counted and the total number of words divided by the total number of sentences. The figure obtained must be multiplied by a factor of 1.015. The total number of syllables must be counted and divided by the total number of words. The figure obtained must be multiplied by a factor of 84.6. The sum of the figures computed under this subsection subtracted from 206.835 equals the Flesch scale analysis readability score for the certificate.(d) For the purposes of subsection (c) of this section the following procedures must be used:(1) A contraction, hyphenated word, or numbers and letters, when separated by spaces, will be counted as one word;(2) A unit of words ending with a period, semicolon, or colon, but excluding headings, and captions will be counted as a sentence; and(3) A syllable means a unit of spoken language consisting of one or more letters of a word as divided by an accepted dictionary. Where the dictionary shows two or more equally acceptable pronunciations of a word, the pronunciation containing fewer syllables may be used.(e) The term "text" as used in this section includes all printed matter except the following:(1) The name and address of the insurer; the name, number or title of the certificate; the table of contents or index; captions and subcaptions; specification pages, schedules or tables; and(2) Any certificate language that is drafted to conform to the requirements of any law, regulation, or agency interpretation of any state or the federal government; any certificate language required by any collectively bargained agreement; any medical terminology; and any words that are defined in the certificate: Provided, however, that the insurer submits with his filing under G.S. 58-66-30 a certified document identifying the language or terminology that is entitled to be excepted by this subdivision. (1979, 2nd Sess., c. 1161, s. 1.)