reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 31A - State Insurance for Public Education. › § 58-31A-45 - Adjustment of losses; determination and report of appraisers; payment of amounts to treasurers of local school administrative units; disbursement of funds.

§ 58-31A-45. Adjustment of losses; determination and report of appraisers; payment of amounts to treasurers of local school administrative units; disbursement of funds.
(a) In the event of loss or damage by insurable hazards to public education buildings and properties for the public education boards, the Fund shall pay the loss (i) in the same proportion as the amount of insurance carried bore to the valuation of the property at the time it was insured, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after the loss, (ii) not in excess of the amount of insurance provided for the property, and (iii) not in excess of the amount of the loss that the Fund is required to pay in participation with property insurance companies having policies of insurance in force on the properties at the time of the loss or damage. The Fund shall not be liable for a greater proportion of any loss than the amount of insurance shall bear to the whole insurance covering the property against the peril involved.
(b) In the event of loss or damage by insurable hazards to public education buildings and properties of the public education boards, to the property insured, when an agreement as to the extent of the loss or damage cannot be arrived at between the Commissioner and the public education board with control charge of the property, the amount of the loss or damage shall be determined by three appraisers selected as follows: the Commissioner shall select one appraiser, the public education board in control of the property shall select one appraiser, and the two appraisers selected by the Commissioner and the public education board shall select a third appraiser. The selected appraisers shall be disinterested persons and shall be qualified from experience to appraise and value the property. If the appraisers appointed by the Commissioner and the public education board shall fail to agree upon a third appraiser within 15 days of their selection, then, on request of the Commissioner or the public education board, a third appraiser shall be selected by any regular resident superior court judge of the superior court district or set of districts as defined in G.S. 7A-41.1 in which the property is located. The selected appraisers shall file their written report with the Commissioner and with the public education board. The costs of the appraisal shall be paid from the Fund. Upon the determination of the loss by the appraisers, the Commissioner shall pay the amount of the loss or damage to the education property to the finance officer of the public education board, upon proper warrant of the Commissioner. The funds shall be paid out by the finance officer for the disbursement of the funds to the public education board. (2019-176, s. 3(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 31A - State Insurance for Public Education. › § 58-31A-50 - Maintenance of inspection and engineering service; cancellation of insurance.

§ 58-31A-50. Maintenance of inspection and engineering service; cancellation of insurance.
The Commissioner is authorized and empowered to maintain an inspection and engineering service deemed by it to be appropriate and necessary to reduce the hazards of fire in public education buildings insured in the Fund and to expend for such purpose not in excess of ten percent (10%) of the annual premiums collected from the public education boards. The Commissioner is authorized and empowered to cancel any insurance on any public education property when, in his or her opinion, because of dilapidation and depreciation of the property, the property is no longer insurable. The public education board shall be notified at least 30 days prior to cancellation, and in the event the public education board demonstrates the property can be restored to insurable condition, the Commissioner may continue insurance coverage, provided, that the findings and results of the inspection of public education property by the agents of the Commissioner shall be reported to the public education board and to the tax-levying authority for that public education board that carry insurance with the Fund at least 30 days prior to finalization of a local budget for that fiscal year to ensure that all public education property shall be properly taken care of and made safe from fire hazards. (2019-176, s. 3(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 31A - State Insurance for Public Education. › § 58-31A-55 - Other property insurance.

§ 58-31A-55. Other property insurance.
The Commissioner shall adopt rules for providing property insurance on property insured by the Fund against all risks of direct physical loss not otherwise insured against pursuant to this Article. Losses covered by this additional insurance shall be paid out of the Fund in the same manner as fire and extended coverage losses. Each public education board that elects to purchase this additional insurance shall pay a premium in accordance with rates fixed by the Commissioner. This additional insurance shall be subject to the provisions and stipulations on policy forms approved by the Commissioner. (2019-176, s. 3(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 31A - State Insurance for Public Education. › § 58-31A-60 - Catastrophic insurance for covered activities.

§ 58-31A-60. Catastrophic insurance for covered activities.
(a) For the purposes of this section, the following definitions shall apply:
(1) Administering organization. – As defined in G.S. 115C-407.50.
(2) Covered activities. – Interscholastic athletic activities that are authorized, sanctioned, or scheduled by a participating school or by an administering organization, including school-supervised practice, game-related activity, and related travel.
(3) Covered persons. – Students or school personnel participating in or responsible for supervising covered activities.
(4) Participating school. – As defined in G.S. 115C-407.50.
(b) The Commissioner of Insurance shall have the duty to offer catastrophic insurance coverage for covered persons to participating schools for covered activities.
(c) Premiums for catastrophic insurance for covered activities shall be paid by each participating school in accordance with rates fixed by the Commissioner, and the Commissioner may purchase from insurers admitted to do business in North Carolina such insurance as may be necessary. (2021-184, s. 3(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 32 - Public Officers and Employees Liability Insurance Commission. › § 58-32-5 - Meetings of Commission; compensation.

§ 58-32-5. Meetings of Commission; compensation.
The Commission shall meet at least four times per year, on or about January 15, April 15, July 15, October 15 and upon call of the chairman. The members shall receive no compensation for attendance at meetings, except a per diem expense reimbursement. Members of the Commission who are not officers or employees of the State shall receive reimbursement for subsistence and travel expenses at rates set out in G.S. 138-5 from funds made available to the Commission. Members of the Commission who are officers or employees of the State shall be reimbursed for travel and subsistence at the rates set out in G.S. 138-6 from funds made available to the Commission. (1979, c. 325, s.1; 1981 (Reg. Sess., 1982), c. 1191, s. 27; 1985, c. 666, s. 79.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 32 - Public Officers and Employees Liability Insurance Commission. › § 58-32-15 - Professional liability insurance for State officials.

§ 58-32-15. Professional liability insurance for State officials.
(a) The Commission may acquire professional liability insurance covering the officers and employees, or any group thereof, of any State department, institution or agency or any community college or technical college. Premiums for such insurance shall be paid by the requesting department, institution, agency, community college or technical college at rates established by the Commission, from funds made available to such department, institution, agency, community college or technical college for the purpose.
(b) The Commission, pursuant to this section, may acquire professional liability insurance covering the officers and employees, or any group thereof, of a department, institution or agency of State government or a community college or technical college only if the coverage to be provided by the insurance policy is in excess of the protection provided by Articles 31 and 31A of Chapter 143 of the General Statutes, other than the protection provided by G.S. 143-300.9.
(c) The purchase, by any State department, institution, agency, community college or technical college of professional liability insurance covering the law-enforcement officers, officers or employees of such department, institution, agency, community college or technical college shall not be construed as a waiver of any defense of sovereign immunity by such department, institution, agency, community college or technical college. The purchase of such insurance shall not be deemed a waiver by any employee of the defense of sovereign immunity to the extent that such defense may be available to him.
(d) The payment, by any State department, institution, agency, community college or technical college of funds as premiums for professional liability insurance through the plan provided herein, covering the law-enforcement officers or officials or employees of such department, institution, agency, community college or technical college is hereby declared to be for a public purpose. (1981, c. 1109, s. 3; 1985, c. 666, s. 79; 1987, c. 301; 1991, c. 674, s. 3.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 32 - Public Officers and Employees Liability Insurance Commission. › § 58-32-20 - Commission to act as liaison; meetings of Commission.

§ 58-32-20. Commission to act as liaison; meetings of Commission.
The Commission shall act as liaison between the insurance company or companies with which it contracts, their servicing agent and the insureds. The Commission shall give notice of its meetings to the company or companies and to all insureds. The Commission shall attempt to resolve such difficulties as arise in the servicing and administration of the program of insurance between the company and insureds. (1979, c. 325, s. 1; 1985, c. 666, s. 79.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 32 - Public Officers and Employees Liability Insurance Commission. › § 58-32-25 - Contract conditions.

§ 58-32-25. Contract conditions.
The Commission, in procuring and negotiating for the contract of insurance herein described shall include in any procurement document the following conditions, which are not subject to negotiation and which are deemed a part of the said contract when entered into:
(1) The master policy shall be issued in the name of the Commission and shall include all governmental entities for which coverage was requested in the procurement document.
(2) The company or companies selected must name a servicing agent resident in North Carolina who shall issue all certificates, collect all premiums, process all claims, and be responsible for all processing, service and administration of the program of insurance provided. (1979, c. 325, s. 1; 1985, c. 666, s. 79.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 32 - Public Officers and Employees Liability Insurance Commission. › § 58-32-30 - Payment a public purpose.

§ 58-32-30. Payment a public purpose.
The payment by any county or municipality of funds as premiums for professional liability insurance through the plan provided herein, covering the law-enforcement officers or public officials or employees of such subdivision of government, is declared to be for a public purpose. (1979, c. 325, s. 1; 1985, c. 666, s. 79.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-1 - Scope.

§ 58-33-1. Scope.
This Article governs the qualifications and procedures for the licensing of insurance producers, limited representatives, adjusters, and motor vehicle damage appraisers. This Article applies to any and all kinds of insurance and insurers under this Chapter. For purposes of this Article, all references to insurance include annuities, unless the context otherwise requires. (1987, c. 629, s. 1; 2001-203, s. 1; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-5 - License required.

§ 58-33-5. License required.
A person shall not sell, solicit, or negotiate insurance in this State for any kind of insurance unless the person is licensed for [that] line of authority in accordance with this Article. (2001-203, s. 2; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-15 - Restricted license for overseas military agents.

§ 58-33-15. Restricted license for overseas military agents.
Notwithstanding any other provision of this Article, an individual may be licensed by the Commissioner as a foreign military sales agent to represent a life insurance company domiciled in this State, provided the agent represents the insurance company only in a foreign country or territory and either on a United States military installation or with United States military personnel. The Commissioner may, upon request of the insurance company on application forms furnished by the Commissioner and upon payment of the fee specified in G.S. 58-33-125, issue to the applicant a restricted license which will be valid only for the representation of the insurance company in a foreign country or territory and either on a United States military installation or with United States military personnel. The insurance company shall certify to the Commissioner that the applicant has the necessary training to hold himself out as a life insurance agent, and that the insurance company is willing to be bound by the acts of the applicant within the scope of his employment. (1987, c. 629, s. 1; 1987 (Reg. Sess., 1988), c. 975, s. 9; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-20 - Representation.

§ 58-33-20. Representation.
(a) Every insurance producer or limited representative who, on behalf of an insurer, solicits or negotiates an application for insurance of any kind, in any controversy between the insured or his beneficiary and the insurer, is regarded as representing the insurer and not the insured or his beneficiary. This provision does not affect the apparent authority of an agent.
(b) Every insurance producer who, acting as a broker, solicits an application for insurance of any kind, in any controversy between the insured or his beneficiary and the insurer issuing any policy upon such application, is regarded as representing the insured or his beneficiary and not the insurer; except any insurer that directly or through its agents delivers in this State to any broker a policy of insurance pursuant to the application or request of such broker, acting for an insured other than himself, is deemed to have authorized such broker to receive on its behalf payment of any premium that is due on such policy of insurance at the time of its issuance or delivery. (1987, c. 629, s. 1; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-27 - Claims handling for portable consumer electronic devices.

§ 58-33-27. Claims handling for portable consumer electronic devices.
(a) As used in this section, the following definitions apply:
(1) "Automated claims adjudication system" means a preprogrammed computer system designed for the collection, data entry, calculation, and system-generated final resolution of claims on insurance policies that cover only portable consumer electronic devices, which system shall meet the following criteria:
a. Be utilized only by a licensed adjuster, licensed insurance producer, or supervised individuals operating pursuant to this section.
b. Comply with all claims payment requirements of this Chapter.
c. Be certified as compliant with this section by a licensed adjuster who is an officer of a licensed business entity under this Chapter.
(2) "Portable consumer electronic devices" include the following, which must be easily carried or conveyed by hand: smartphones, navigation devices, cellular phones, personal digital assistants, iPads, iPhones, Androids, video games, wireless reading devices, laptops, tablets, netbooks, MP3 players, digital cameras, and other electronic devices that are portable in nature, their accessories, and services related to the use of the device.
(b) No adjuster license is required for an individual who, in connection with insurance covering only portable consumer electronic devices as defined in subdivision (a)(2) of this section, collects claim information from or furnishes claim information to insureds, who conducts data entry, including entering data into an automated claims adjudication system, and who does not exercise any discretion in the disposition of the portable consumer electronic device claim; provided that the individual is supervised by a licensed adjuster or licensed insurance producer and there are no more than 25 individuals who may adjust claims under the supervision of the licensed adjuster or licensed insurance producer. No insurance producer acting as a supervisor pursuant to this section is required to be licensed as an adjuster.
(c) If other property losses occur in conjunction with the loss associated with the portable consumer electronic device, the individual who performs duties as described in G.S. 58-33-10(2) on the total loss, including the loss associated with the portable consumer electronic device, must hold an adjuster's license. (2011-196, s. 8; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-31 - Application for license.

§ 58-33-31. Application for license.
(a) A person applying for a resident license shall make application to the Commissioner on the Uniform Application and declare under penalty of denial, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the Commissioner shall find that the individual:
(1) Is at least 18 years of age.
(2) Has not committed any act that is a ground for probation, suspension, nonrenewal, or revocation set forth in G.S. 58-33-46.
(3) Has satisfied any applicable requirements of G.S. 58-33-30(d).
(4) Has paid the applicable fees set forth in G.S. 58-33-125.
(5) Has successfully passed any examinations required by G.S. 58-33-30(e).
(b) A business entity selling, soliciting, or negotiating insurance shall obtain an insurance producer license. Application shall be made using the Uniform Business Entity Application. Before approving the application, the Commissioner shall find that:
(1) The business entity has paid the applicable fees set forth in G.S. 58-33-125.
(2) The business entity has designated a licensed producer, who is a natural person, responsible for the business entity's compliance with the insurance laws and administrative rules of this State and orders of the Commissioner.
(c) The Commissioner may require any documents reasonably necessary to verify the information contained in an application. (2001-203, s. 12; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-40 - Appointment of agents.

§ 58-33-40. Appointment of agents.
(a) Except as provided in subsection (b) of this section, no individual who holds a valid insurance producer license issued by the Commissioner shall, either directly or for an insurance agency, solicit, negotiate, or otherwise act as an agent for an insurer by which the individual has not been appointed.
(b) Any insurer authorized to transact business in this State may appoint as its agent any individual who holds a valid insurance producer license issued by the Commissioner. To appoint an individual as its agent, the appointing insurer shall file, in a format approved by the Commissioner, a notice of appointment within 15 days after the date the first insurance application is submitted. The individual shall be authorized to act as an agent for the appointing insurer for the kinds of insurance for which the insurer is authorized in this State and for which the appointed insurance producer is licensed in this State, unless specifically limited. For purposes of determining the number of appointments for an insurance producer, there shall be one appointment for each line of authority for which the appointed insurance producer is licensed in this State, unless specifically limited.
(c) Repealed by Session Laws 2009-566, s. 9, effective August 28, 2009.
(d) Every insurer shall remit in a manner prescribed by the Commissioner the appointment fee specified in G.S. 58-33-125 for each appointed insurance producer.
(e) An appointment shall continue in effect as long as the appointed insurance producer is properly licensed and the appointing insurer is authorized to transact business in this State, unless the appointment is cancelled.
(f) Prior to April 1 of each year, every insurer shall remit in a manner prescribed by the Commissioner the renewal appointment fee specified in G.S. 58-33-125.
(g) Repealed by Session Laws 2022-46, s. 13(a), effective July 7, 2022.
(h) Repealed by Session Laws 2009-566, s. 9, effective August 28, 2009. (1987, c. 629, s. 1; 2001-203, s. 14; 2009-383, s. 3; 2009-566, ss. 7-9; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-48 - Criminal history record checks.

§ 58-33-48. Criminal history record checks.
(a) An applicant for an insurance producer or limited representative license under this Article shall furnish the Commissioner with a complete set of the applicant's fingerprints in a manner prescribed by the Commissioner. The applicant's fingerprints shall be certified by an authorized law enforcement officer. The fingerprints of every applicant shall be forwarded to the State Bureau of Investigation for a search of the applicant's criminal history record file, if any. If warranted, the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. An applicant shall pay the cost of the State and any national criminal history record check of the applicant.
(b) The Commissioner shall keep all information pursuant to this section privileged, in accordance with applicable State law and federal guidelines, and the information shall be confidential and shall not be a public record under Chapter 132 of the General Statutes.
(c) This section does not apply to any of the following:
(1) A person applying for renewal or continuation of a home state insurance producer license or a nonresident insurance producer license.
(2) A person applying for a limited line credit insurance producer license. (2009-566, s. 4; 2019-85, s. 1; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-50 - Notices; loss of residency; duplicate licenses.

§ 58-33-50. Notices; loss of residency; duplicate licenses.
(a) The Commissioner shall notify every appointing insurer about any suspension, revocation, or nonrenewal of a license by the Commissioner and about any surrender of a license by a licensee, whether by consent order or otherwise.
(b) Upon suspension, revocation, nonrenewal, surrender, or reinstatement of any license, the Commissioner shall notify the Central Office of the NAIC.
(c) Any licensee who ceases to maintain his residency in this State shall deliver his insurance license or licenses to the Commissioner by personal delivery or by mail within 30 days after terminating residency.
(d) The Commissioner may issue a duplicate license for any lost, stolen, or destroyed license issued pursuant to this Article upon a written request from the licensee and payment of appropriate fees. (1987, c. 629, s. 1; 1993, c. 504, s. 29.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-60 - Countersignature and related laws.

§ 58-33-60. Countersignature and related laws.
Subject to the retaliatory provisions of G.S. 58-33-30(i), there shall be no requirement that a licensed resident insurance producer must countersign, solicit, transact, take, accept, deliver, record, or process in any manner an application, policy, contract, or any other form of insurance on behalf of a nonresident insurance producer or an authorized insurer; or share in the payment of commissions, if any, related to such business. (1987, c. 629, s. 1; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-66 - Temporary licensing.

§ 58-33-66. Temporary licensing.
(a) The Commissioner may issue a temporary insurance producer license for a period not to exceed 180 days or longer, for good cause, without requiring an examination if the Commissioner deems that the temporary license is necessary for the servicing of an insurance business in any of the following cases:
(1) To the spouse or surviving spouse or court-appointed personal representative or guardian of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the transfer of the insurance business owned by the producer, for the recovery or return of the producer to the business, or for the training and licensing of new personnel to operate the producer's business.
(2) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license.
(3) To the designee of a licensed insurance producer entering active service in the Armed Forces of the United States.
(4) In any other circumstance where the Commissioner deems that the public interest will be served best by the issuance of this license.
(b) The Commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The Commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The Commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license terminates upon the transfer of the business.
(c) An individual requesting a temporary license on account of death or disability of a licensed insurance producer shall be licensed to represent only those insurers that had appointed such insurance producer at the time of death or commencement of disability. (2001-203, s. 20; 2011-183, s. 42; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-75 - Twisting with respect to insurance policies; penalties.

§ 58-33-75. Twisting with respect to insurance policies; penalties.
No licensee shall make or issue, or cause to be issued, any written or oral statement that willfully misrepresents or willfully makes an incomplete comparison as to the terms, conditions, or benefits contained in any policy of insurance for the purpose of inducing or attempting to induce a policyholder in any way to terminate or surrender, exchange, or convert any insurance policy. Any person who violates this section is subject to the provisions of G.S. 58-2-70 and G.S. 58-33-46. (1987, c. 629, s. 1; c. 864, s. 75; 2001-203, s. 21.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-76 - Referral of business to repair source; prohibitions.

§ 58-33-76. Referral of business to repair source; prohibitions.
(a) No insurance company, insurance producer, adjuster or appraiser or any person employed to perform their service shall recommend the use of a particular service or source for the repair of property damage without clearly informing the claimant that the claimant is under no obligation to use the recommended repair service.
(b) No insurance company, insurance producer, adjuster or appraiser or any person employed to perform their service shall accept any gratuity or other form of remuneration from a repair service for recommending that repair service to a claimant. Provided, however, discounts agreed to by repair services shall not violate this section.
(c) Any person who violates this section is subject to the provisions of G.S. 58-2-70 and G.S. 58-33-46. (1991, c. 386, s. 1; 1993, c. 525, s. 1; 2001-203, s. 22; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-80 - Discrimination forbidden.

§ 58-33-80. Discrimination forbidden.
No insurance producer or representative of any company doing the business of insurance as defined in G.S. 58-7-15 shall make any discrimination in favor of any person. (1987, c. 629, s. 1; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-82 - Commissions.

§ 58-33-82. Commissions.
(a) An insurance company, insurance producer, or limited representative shall not pay a commission, service fee, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this State if that person is required to be licensed under this Article and is not so licensed.
(b) A person shall not accept a commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this State if that person is required to be licensed under this Article and is not so licensed.
(c) Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this State if the person was required to be licensed under this Article at the time of the sale, solicitation, or negotiation and was so licensed at that time.
(d) Except as provided in subsection (e) of this section, only insurance producers who are duly licensed with appropriate company appointments, licensed limited lines producers, or licensed limited representatives may directly accept any commission, fee, or other valuable consideration for the sale, solicitation, or negotiation of insurance.
(d1) Insurance producers may indirectly accept any commission, fee, or other valuable consideration for business brokered through an insurance producer that is appropriately appointed.
(e) Commissions, fees, or other valuable consideration for the sale, solicitation, or negotiation of insurance may be assigned or directed to be paid in the following circumstances:
(1) To a business entity by a person who is an owner, shareholder, member, partner, director, employee, or agent of that business entity.
(2) To a producer or limited representative, in connection with renewals of insurance business originally sold by or through the licensed person or for other deferred commissions.
(3) In connection with the indirect receipt of commissions in circumstances in which a license is not required under G.S. 58-33-26(n). (2001-203, s. 23; 2004-199, s. 20(e); 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-83 - Assumed names.

§ 58-33-83. Assumed names.
An insurance producer doing business under any name other than the producer's legal name shall notify the Commissioner before using the assumed name. (2001-203, s. 24; 2003-221, s. 13.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-85 - Rebates and charges in excess of premium prohibited; exceptions.

§ 58-33-85. Rebates and charges in excess of premium prohibited; exceptions.
(a) No insurer, insurance producer, or limited representative shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance with the applicable filing approved by the Commissioner. No insurer, insurance producer, or limited representative shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance. No insured named in a policy of insurance, nor any employee of such insured, shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement or reduction of premium, or any special favor or advantage or valuable consideration or inducement. Nothing herein contained shall be construed as prohibiting the payment of commissions or other compensation to duly licensed insurance producers and limited representatives, nor as prohibiting any participating insurer from distributing to its policyholders dividends, savings or the unused or unabsorbed portion of premiums and premium deposits. As used in this section the word "insurance" includes suretyship and the word "policy" includes bond.
(b) No insurer, insurance producer, or limited representative shall knowingly charge to or demand or receive from an applicant for insurance any money or other consideration in return for the processing of applications or other forms or for the rendering of services associated with a contract of insurance, which money or other consideration is in addition to the premium for such contract, unless the applicant consents in writing before any services are rendered. This subsection does not apply to the charging or collection of any fees otherwise provided for by law. (1987, c. 629, s. 1; c. 864, ss. 49, 89; 1989, c. 485, s. 52; 1991, c. 720, s. 4; 2001-203, s. 25; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-90 - Rebate of premiums on credit life and credit accident and health insurance; retention of funds by insurance producer.

§ 58-33-90. Rebate of premiums on credit life and credit accident and health insurance; retention of funds by insurance producer.
It shall be unlawful for any insurance carrier, or officer, agent or representative of an insurance company writing credit life and credit accident and health insurance, as defined in G.S. 58-58-10 and G.S. 58-51-100, or combination credit life, accident and health, hospitalization and disability insurance in connection with loans, to permit any agent or representative of such company to retain any portion of funds received for the payment of losses incurred, or to be incurred, under such policies of insurance issued by such company, or to pay, allow, permit, give or offer to pay, allow, permit or give, directly, or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium, to any loan agency, insurance agency or insurance producer, or to any creditor of the debtor on whose account the insurance was issued, or to any person, firm or corporation which received a commission or fee in connection with the issuance of such insurance: Provided, that this section shall not prohibit the payment of commissions to a licensed insurance producer or agency or limited representative on the sale of a policy of credit life and credit accident and health insurance, or combination credit life, accident and health, hospitalization and disability insurance in connection with loans.
It shall be unlawful for any agency, insurance producer, limited representative, or insured named in any such policy, or for any loan agency or broker, or any agent, officer or employee of any loan agency or broker to receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of the premium as set out in this section. (1987, c. 629, s. 1; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-95 - Agents personally liable; representing unlicensed company prohibited; penalty.

§ 58-33-95. Agents personally liable; representing unlicensed company prohibited; penalty.
(a) Any person or entity who solicits, negotiates, or sells insurance or acts as a third-party administrator in this State for an unauthorized insurer:
(1) Is the representative of that insurer and shall be strictly liable for any losses or unpaid claims if an unauthorized insurer fails to pay in full or in part any claim or loss within the provisions of any insurance contract sold, directly or indirectly, by or through that person or entity on behalf of the unauthorized insurer. The liability imposed by this subsection shall be joint and several if more than one person violates this section.
(2) Shall be guilty of a Class 1 misdemeanor if the person or entity does not know that the insurer is an unauthorized insurer. Each solicitation, negotiation, or sale shall constitute a separate offense.
(3) Shall be guilty of a Class H felony if the person or entity knew or should have known that the insurer is an unauthorized insurer. Each solicitation, negotiation, or sale shall constitute a separate offense.
(b) A civil action may be filed or a license revocation proceeding may be initiated under this section regardless of whether a criminal action is brought or a criminal conviction is obtained for the act alleged in the civil action or revocation proceeding.
(c) For the purposes of this section, the status of an entity or person as an "unauthorized insurer" shall be determined in accordance with Article 28 of this Chapter and, if applicable, Article 49 of this Chapter.
(d) As used in this section, "third-party administrator" means a person who performs administrative functions, including claims administration and payment, marketing, premium accounting, premium billing, coverage verification, underwriting authority, or certificate issuance in regard to any kind of insurance; but does not include the persons specified in G.S. 58-56-2(5)a. through (5)l. (1987, c. 629, s. 1; 1993, c. 539, s. 457; 1994, Ex. Sess., c. 24, s. 14(c); 2004-166, s. 1; 2006-105, s. 2.8; 2007-305, s. 5.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-100 - Payment of premium to insurance producer valid; obtaining by fraud a crime.

§ 58-33-100. Payment of premium to insurance producer valid; obtaining by fraud a crime.
(a) Any insurance producer or limited representative who acts for a person other than himself negotiating a contract of insurance is, for the purpose of receiving the premium therefor, the company's agent, whatever conditions or stipulations may be contained in the policy or contract. This subsection does not apply to the Insurance Underwriting Association established under Article 45 of this Chapter or the Joint Underwriting Association established under Article 46 of this Chapter.
(b) Any insurance producer or limited representative knowingly procuring by fraudulent representations payment, or the obligation for the payment, of a premium of insurance, shall be guilty of a Class 1 misdemeanor. (1987, c. 629, s. 1; 1993, c. 539, s. 458; 1994, Ex. Sess., c. 24, s. 14(c); 1997-498, s. 4; 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-105 - False statements in applications for insurance.

§ 58-33-105. False statements in applications for insurance.
If any insurance producer, examining physician, applicant, or other person shall knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for insurance, or shall make any such statement for the purpose of obtaining any fee, commission, money or benefit from any company engaged in the business of insurance in this State, he shall be guilty of a Class 1 misdemeanor. This section shall also apply to contracts and certificates issued under Articles 65 through 67 of this Chapter. (1987, c. 629, s. 1; 1993, c. 539, s. 459; 1994, Ex. Sess., c. 24, s. 14(c); 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-110 - Insurance producers signing certain blank policies.

§ 58-33-110. Insurance producers signing certain blank policies.
Any insurance producer or limited representative who signs any blank contract or policy of insurance is guilty of a Class 3 misdemeanor and, upon conviction, shall be punished only by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000); provided, however, that transportation ticket policies of accident insurance and baggage insurance policies may be countersigned in blank for issuance only through coin-operated machines, subject to regulations prescribed by the Commissioner. (1987, c. 629, s. 1; 1993, c. 539, s. 460; 1994, Ex. Sess., c. 24, s. 14(c); 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-115 - Adjuster acting for unauthorized company.

§ 58-33-115. Adjuster acting for unauthorized company.
If any person shall act as adjuster on a contract made otherwise than as authorized by the laws of this State, or by any insurance company or other person not regularly licensed to do business in this State, or shall adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of the State, he shall be deemed guilty of a Class 1 misdemeanor. (1987, c. 629, s. 1; 1993, c. 539, s. 461; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-120 - Insurance producer, adjuster, etc., acting without a license or violating insurance law.

§ 58-33-120. Insurance producer, adjuster, etc., acting without a license or violating insurance law.
If any person shall assume to act either as principal, insurance producer, limited representative, adjuster or motor vehicle damage appraiser without license as is required by law or pretending to be a principal, insurance producer, limited representative, adjuster or licensed motor vehicle damage appraiser, shall solicit, examine or inspect any risk, or shall examine into, adjust, or aid in adjusting any loss, investigate or advise relative to the nature and amount of damages to motor vehicles or the amount necessary to effect repairs thereto, or shall receive, collect, or transmit any premium of insurance, or shall do any other act in the soliciting, making or executing any contract of insurance of any kind otherwise than the law permits, or as principal or insurance producer shall violate any provision of law contained in Articles 1 through 64 of this Chapter, the punishment for which is not elsewhere provided for, he shall be deemed guilty of a Class 1 misdemeanor. (1987, c. 629, s. 1; 1987 (Reg. Sess., 1988), c. 975, s. 11; 1993, c. 539, s. 462; 1994, Ex. Sess., c. 24, s. 14(c); 2022-46, s. 13(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-132 - Qualifications of instructors.

§ 58-33-132. Qualifications of instructors.
(a) The Commissioner may adopt rules to establish requisite qualifications for and issuance, renewal, summary suspension, and termination of provider, presenter, and instructor authority for prelicensing and continuing insurance education courses. During any suspension, the instructor shall not engage in any instruction of prelicensing or continuing insurance education courses prior to an administrative review. No person shall provide, present, or instruct any course unless that person has been qualified and possesses a license from the Commissioner or administrator.
(b) The Commissioner or administrator may summarily suspend or terminate the authority of an instructor, course provider, or presenter if the course presentation:
(1) Is determined to be inaccurate; or
(2) Receives an evaluation of poor from any Department monitor and a majority of attendees responding to Department questionnaires about the presentation. (1995, c. 517, s. 17; 1999-132, s. 9.1; 2007-507, s. 9.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 33 - Licensing of Insurance Producers, Limited Representatives, and Adjusters. › § 58-33-133 - Continuing education course provider fees.

§ 58-33-133. Continuing education course provider fees.
(a) Each course provider shall pay to the Commissioner a fee of one dollar ($1.00) per approved credit hour per individual who successfully completes a course under G.S. 58-33-130.
(b) At the time a course provider submits an application to the Commissioner for approval of a course under G.S. 58-33-130, the provider shall pay to the Commissioner a filing fee of one hundred dollars ($100.00) per course up to a two thousand five hundred dollars ($2,500) per calendar year maximum.
(b1) Licensees who are required to comply with G.S. 58-33-130 shall pay to the Commissioner a fee of one dollar ($1.00) per credit hour earned. These fees also apply to national designation courses and other courses approved by the Commissioner from other State or federal programs.
(c) Fees collected by the Commissioner under this section and under G.S. 58-33-130 shall be credited to the Insurance Regulatory Fund created under G.S. 58-6-25 for the purpose of offsetting the cost of administering the program authorized by G.S. 58-33-130. (2002-144, s. 2; 2003-221, s. 5; 2003-284, s. 22.2; 2004-124, s. 21.1; 2007-507, s. 10.)