reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 44B - Travel Insurance. › § 58-44B-1 - Scope and purpose.

§ 58-44B-1. Scope and purpose.
(a) The purpose of this Article is to create a comprehensive legal framework within which travel insurance may be sold in this State.
(b) The requirements of this Article shall apply to travel insurance which covers any resident of this State and is sold, solicited, negotiated, or offered in this State and where policies and certificates are delivered or issued for delivery in this State. It shall not apply to cancellation fee waivers and travel assistance services, except as expressly provided herein.
(c) All other applicable provisions of this Chapter shall continue to apply to travel insurance except that (i) the specific provisions of this Article shall supersede any general provisions of law that would otherwise be applicable to travel insurance and (ii) in the event of a conflict between this Article and other provisions of this Chapter regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this Article shall control. (2019-128, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 44B - Travel Insurance. › § 58-44B-10 - Premium tax.

§ 58-44B-10. Premium tax.
(a) A travel insurer shall pay premium tax, as provided in G.S. 105-228.5, on travel insurance premiums paid by any of the following:
(1) An individual primary policyholder who is a resident of this State.
(2) A primary certificate holder who is a resident of this State who elects coverage under a group travel insurance policy.
(3) A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in, this State for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
(b) A travel insurer shall do all of the following:
(1) Document the state of residence or principal place of business of the policyholder or certificate holder, as required in subsection (a) of this section.
(2) Report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers. (2019-128, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 44B - Travel Insurance. › § 58-44B-15 - Travel protection plans.

§ 58-44B-15. Travel protection plans.
Travel protection plans may be offered for one price for the combined permitted features as defined in G.S. 58-44B-5 if the plan meets the following requirements:
(1) The travel protection plan clearly discloses to the consumer at or prior to the time of purchase that it includes travel insurance, travel assistance services, and cancellation fee waivers as applicable, and provides information and an opportunity at or prior to the time of purchase for the consumer to obtain additional information regarding the features and pricing of each.
(2) The fulfillment materials shall do all of the following:
a. Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan.
b. Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.
c. Comply with the provisions of G.S. 58-44B-20(c)(2).
d. Advise the policyholder to read the policy, certificate of insurance, and other documents to be informed of the plan's terms, conditions, and coverage and assistance details.
e. Provide contact information for the company. (2019-128, s. 2; 2022-46, s. 12.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 44B - Travel Insurance. › § 58-44B-25 - Travel administrators.

§ 58-44B-25. Travel administrators.
(a) Notwithstanding any other provisions of this Chapter, no person shall act or represent himself or herself as a travel administrator for travel insurance in this State unless that person:
(1) Is a licensed property and casualty insurance producer in this State for activities permitted under that producer license.
(2) Holds a valid managing general agent license in this State.
(3) Holds a valid third-party administrator license in this State.
(b) A travel administrator and his or her employees are exempt from the licensing requirements of G.S. 58-33-19 for travel insurance he or she administers.
(c) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the Commissioner upon request. (2019-128, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 44B - Travel Insurance. › § 58-44B-30 - Policy.

§ 58-44B-30. Policy.
(a) Notwithstanding any other provision of this Chapter, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance, provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation, repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or an inland marine line of insurance.
(b) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the State's underwriting standards for inland marine.
(c) Travel insurance may be provided in the form of an individual, group, or blanket policy. (2019-128, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-1 - Declarations and purpose of Article.

§ 58-45-1. Declarations and purpose of Article.
(a) It is hereby declared by the General Assembly of North Carolina that an adequate market for essential property insurance is necessary to the economic welfare of the beach and coastal areas of the State of North Carolina and that without such insurance the orderly growth and development of those areas would be severely impeded; that furthermore, adequate insurance upon property in the beach and coastal areas is necessary to enable homeowners and commercial owners to obtain financing for the purchase and improvement of their property; and that while the need for such insurance is increasing, the market for such insurance is not adequate and is likely to become less adequate in the future; and that the present plans to provide adequate insurance on property in the beach and coastal areas, while deserving praise, have not been sufficient to meet the needs of this area. It is further declared that the State has an obligation to provide an equitable method whereby every licensed insurer writing essential property insurance in North Carolina is required to meet its public responsibility instead of shifting the burden to a few willing and public-spirited insurers. It is the purpose of this Article to accept this obligation and to provide a mandatory program to assure an adequate market for essential property insurance in the beach and coastal areas of North Carolina.
(b) The General Assembly further declares that it is its intent in creating and, from time to time, amending this Article that the market provided by this Article not be the first market of choice, but the market of last resort.
(c) It is the intent of the General Assembly that except for North Carolina gross premium taxes and the fire and lightning tax, the activities of the Association be exempt from State and federal taxation to the fullest extent permitted by law. (1967, c. 1111, s. 1; 1969, c. 249; 1979, c. 601, s. 1; 1997-498, s. 9; 2009-472, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-6 - Persons who can be insured by the Association.

§ 58-45-6. Persons who can be insured by the Association.
As used in this Article, "person" includes the State of North Carolina and any county, city, or other political subdivision of the State of North Carolina. (2000-122, s. 5; 2002-187, s. 1.4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-10 - North Carolina Insurance Underwriting Association created.

§ 58-45-10. North Carolina Insurance Underwriting Association created.
There is hereby created the North Carolina Insurance Underwriting Association, consisting of all insurers authorized to write and engage in writing within this State, on a direct basis, essential property insurance, except town and county mutual insurance associations and assessable mutual companies as authorized by G.S. 58-7-75(5)b, 58-7-75(5)d, and 58-7-75(7)b and except an insurer who only writes insurance in this State on property exempted from taxation by the provisions of G.S. 105-278.1 through G.S. 105-278.8. Every such insurer shall be a member of the Association and shall remain a member of the Association so long as the Association is in existence as a condition of its authority to continue to transact the business of insurance in this State. (1967, c. 1111, s. 1; 1969, c. 249; 1971, c. 1067, s. 2; 1987 (Reg. Sess., 1988), c. 975, s. 20; 1998-211, s. 6.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-15 - Powers and duties of Association.

§ 58-45-15. Powers and duties of Association.
The Association shall, pursuant to the provisions of this Article and the plan of operation, and with respect to the insurance coverages authorized in this Article, have the power on behalf of its members:
(1) To cause to be issued policies of insurance to applicants.
(2) To assume reinsurance from its members.
(3) To cede reinsurance to its members and to purchase reinsurance in behalf of its members.
(4) To pledge the proceeds of assessments, projected reinsurance recoveries, other recoverables, and any other funds available to the Association as the source of revenue for and to secure lines of credit or other borrowings or financing arrangements necessary to fund any actual, projected, or future deficits of the Association, including borrowing from member companies.
(5) To publish in the North Carolina Register all homeowners' rate filings with the Department of Insurance.
(6) To provide grants for mitigation of risk of loss to policyholders with premiums, funds appropriated to the Association for that purpose by the General Assembly, or funds donated or granted to the Association. (1967, c. 1111, s. 1; 1969, c. 249; 1999-114, s. 7; 2009-472, s. 1; 2021-180, s. 5.9(j).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-20 - Temporary directors of Association.

§ 58-45-20. Temporary directors of Association.
Within 10 days after April 17, 1969, the Commissioner shall appoint a temporary board of directors of this Association, which shall consist of 11 representatives of members of the Association. Such temporary board of directors shall prepare and submit a plan of operation in accordance with G.S. 58-45-30 and shall serve until the permanent board of directors shall take office in accordance with said plan of operation. (1967, c. 1111, s. 1; 1969, c. 249.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-36 - Temporary contracts of insurance.

§ 58-45-36. Temporary contracts of insurance.
Consistent with G.S. 58-45-35(d), the Association shall be temporarily bound by a written temporary binder of insurance issued by any duly licensed insurance producer. Coverage shall be effective upon payment to the insurance producer of the entire premium or part of the premium, as prescribed by the Association's plan of operation. Nothing in this section shall impair or restrict the rights of the Association under G.S. 58-45-35(b) to decline to issue a policy based upon a lack of insurability as determined by the Association or the existence of an unpaid premium due from the applicant. (2002-185, s. 4.2; 2022-46, s. 14(lll).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-40 - Association members may cede insurance to Association.

§ 58-45-40. Association members may cede insurance to Association.
Any member of the Association may cede to the Association essential property insurance written on insurable property, to the extent, if any, and on the terms and conditions set forth in the plan of operation. (1967, c. 1111, s. 1; 1969, c. 249.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-41 - Coverage limits.

§ 58-45-41. Coverage limits.
(a) The Association shall cause to be issued insurance up to the reasonable value of the insurable property, subject to a maximum of seven hundred fifty thousand dollars ($750,000) on habitational property. The above limits on habitational property shall apply to the value of the building only. Insurance issued by the Association for commercial property shall not exceed three million dollars ($3,000,000) on any freestanding structure or any building unit within multiple firewall divisions, provided the aggregate insurance on structures with multiple firewall divisions shall not exceed six million dollars ($6,000,000) on all interest at one risk.
(b) Contents of habitational property can be insured up to forty percent (40%) of the building value. The Association shall ensure that rates accurately reflect the maximum limits for contents coverage and any reduction in contents coverage limits for habitational property.
(c) If the value of the property exceeds the maximum coverage limits as described in this section, the Association shall not issue coverage without the insured's purchase of excess coverage to the full value of the property insured. (2009-472, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-46 - Unearned premium, loss, and loss expense reserves.

§ 58-45-46. Unearned premium, loss, and loss expense reserves.
The Association shall make provisions for reserving unearned premiums and reserving for losses, including incurred but not reported losses, and loss expenses, in accordance with G.S. 58-3-71, 58-3-75, and 58-3-81. (2002-185, s. 5.1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-50 - Appeal from acts of Association to Commissioner; appeal from Commissioner to superior court.

§ 58-45-50. Appeal from acts of Association to Commissioner; appeal from Commissioner to superior court.
(a) Any person or any insurer who may be aggrieved by an act, ruling, or decision of the Association other than an act, ruling, or decision relating to (i) the cause or amount of a claimed loss or (ii) the reasonableness of expenses incurred by an insurer in adjusting windstorm and hail losses, may, within 30 days after the ruling, appeal to the Commissioner. Any hearings held by the Commissioner under the appeal shall be in accordance with rules adopted by the Commissioner: Provided, however, the Commissioner is authorized to appoint a member of the Commissioner's staff as deputy commissioner for the purpose of hearing those appeals and a ruling based upon the hearing shall have the same effect as if heard by the Commissioner. All persons or insureds aggrieved by any order or decision of the Commissioner may appeal as is provided in G.S. 58-2-75.
(b) No later than 10 days before each hearing, the appellant shall file with the Commissioner or the Commissioner's designated hearing officer and shall serve on the appellee a written statement of the appellant's case and any evidence that the appellant intends to offer at the hearing. No later than five days before the hearing, the appellee shall file with the Commissioner or the designated hearing officer and shall serve on the appellant a written statement of the appellee's case and any evidence that the appellee intends to offer at the hearing. Each hearing shall be recorded and may be transcribed. If the matter is between an insurer and the Association, the cost of the recording and transcribing shall be borne equally by the appellant and appellee; provided that upon any final adjudication the prevailing party shall be reimbursed for his share of such costs by the other party. If the matter is between an insured and the Association, the cost of transcribing shall be borne equally by the appellant and appellee; provided that the Commissioner may order the Association to pay recording or transcribing costs for which the insured is financially unable to pay. Each party shall, on a date determined by the Commissioner or the designated hearing officer, but not sooner than 15 days after delivery of the completed transcript to the party, submit to the Commissioner or the designated hearing officer and serve on the other party, a proposed order. The Commissioner or the designated hearing officer shall then issue an order. (1967, c. 1111, s. 1; 1969, c. 249; 1985, c. 516, s. 3; 1989 (Reg. Sess., 1990), c. 1069, s. 18; 1991, c. 720, s. 4; 1999-219, s. 1.2; 2001-421, s. 4.2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-55 - Reports of inspection made available.

§ 58-45-55. Reports of inspection made available.
All reports of inspection performed by or on behalf of the Association shall be made available to the members of the Association, applicants, insurance producers, and the Commissioner. (1967, c. 1111, s. 1; 1969, c. 249; 2022-46, s. 14(mmm).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-60 - Association and Commissioner immune from liability.

§ 58-45-60. Association and Commissioner immune from liability.
There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the board of directors, or the Commissioner or his representatives for any action taken by them in good faith in the performance of their powers and duties under this Article. (1967, c. 1111, s. 1; 1969, c. 249; 1991, c. 720, s. 4; 1999-114, s. 5.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-65 - Association to file annual report with Commissioner.

§ 58-45-65. Association to file annual report with Commissioner.
The Association shall file in the office of the Commissioner on an annual basis on or before January 1 a statement which shall summarize the transactions, conditions, operations and affairs of the Association during the preceding year. Such statement shall contain such matters and information as are prescribed by the Commissioner and shall be in such form as is approved by him. The Commissioner may at any time require the Association to furnish to him any additional information with respect to its transactions or any other matter which the Commissioner deems to be material to assist him in evaluating the operation and experience of the Association. (1967, c. 1111, s. 1; 1969, c. 249; 1987 (Reg. Sess., 1988), c. 975, s. 27.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-70 - Commissioner may examine affairs of Association.

§ 58-45-70. Commissioner may examine affairs of Association.
The Commissioner may from time to time make an examination into the affairs of the Association when he deems it to be prudent and in undertaking such examination he may hold a public hearing pursuant to the provisions of G.S. 58-2-50. When making an examination under this section, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the reasonable cost of which shall be borne by the Association. Examinations shall be conducted in accordance with G.S. 58-2-131, 58-2-132, and 58-2-133. (1967, c. 1111, s. 1; 1969, c. 249; 2009-472, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-71 - Report of member companies to Commissioner.

§ 58-45-71. Report of member companies to Commissioner.
Each member company of the Association shall report by April 1 of each year to the Commissioner the amount of homeowners' coverage, including separate coverage for homeowners' wind and hail, written in the preceding calendar year by that member company in the beach area and the coastal area. The report shall include the number and type of homeowners' policies written by the member company in each area, the total amount of homeowners' coverage for each area, any increases and decreases in homeowners' coverage written in each area from the prior year, and other information as prescribed by the Commissioner and in such form as approved by him. (2009-472, s. 1; 2022-46, s. 18.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-75 - Commissioner authorized to promulgate reasonable rules and regulations.

§ 58-45-75. Commissioner authorized to promulgate reasonable rules and regulations.
The Commissioner shall have authority to make reasonable rules and regulations, not inconsistent with law, to enforce, carry out and make effective the provisions of this Article. The Commissioner shall not be liable for any act or omission in connection with the administration of the duties imposed upon him by the provisions of this Article. (1967, c. 1111, s. 1; 1969, c. 249; 1991, c. 720, s. 4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-80 - Premium taxes to be paid through Association.

§ 58-45-80. Premium taxes to be paid through Association.
All premium taxes due on insurance written under this Article shall be remitted by each insurer to the Association; and the Association, as collecting agent for its member companies, shall forward all such taxes to the Secretary of Revenue as provided in Article 8B of Chapter 105 of the General Statutes. (1985 (Reg. Sess., 1986), c. 928, s. 10; 1995 (Reg. Sess., 1996), c. 747, s. 12.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-85 - Assessment; inability to pay.

§ 58-45-85. Assessment; inability to pay.
(a) If any insurer fails, by reason of insolvency, to pay any assessment as provided in this Article, the amount assessed each insurer shall be immediately recalculated, excluding the insolvent insurer, so that its assessment is assumed and redistributed among the remaining insurers. Any assessment against an insolvent insurer shall not be a charge against any special deposit fund held under the provisions of Article 5 of this Chapter for the benefit of policyholders.
(b) The nonrecoupable assessment of a member insurer may be ordered deferred in whole or in part upon application by the insurer if, in the opinion of the Commissioner or his designee, payment of the assessment would render the insurer insolvent or in danger of insolvency or would otherwise leave the insurer in a condition so that further transaction of the insurer's business would be hazardous to its policyholders. If payment of an assessment against a member insurer is deferred by order of the Commissioner or his designee in whole or in part, the amount by which the assessment is deferred must be assessed against other member insurers in the same manner as provided in this Article. In its order of deferral, or in necessary subsequent orders, the Commissioner or his designee shall prescribe a plan by which the assessment so deferred must be repaid to the Association by the impaired insurer with interest at the six-month treasury bill rate adjusted semiannually. The plan also shall provide for the reimbursement of excess assessments paid by member companies as a result of a deferral of assessments for an impaired insurer. (1991 (Reg. Sess., 1992), c. 784, s. 7; 2009-472, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-95 - Information availability.

§ 58-45-95. Information availability.
Information concerning the Association's activities shall be made fully available upon request provided that no competitive information concerning an individual company's business plans, data, or operations may be disclosed by the Association if such company has properly designated such information as being a trade secret pursuant to G.S. 66-152(3) upon submitting such information to the Association. No confidential information may be disclosed by the Association identifying individual policyholders without such policyholders' consent unless such information is provided pursuant to reasonable rules adopted by the Association permitting such information to be disclosed for the purpose of enhancing the availability of insurance that is written in the voluntary market. (2009-472, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 45 - Essential Property Insurance for Beach Area Property. › § 58-45-96 - Succession and dissolution.

§ 58-45-96. Succession and dissolution.
In the event that a successor organization is created to perform the Association's general functions, the surplus, assets, and liabilities then held by the Association shall be transferred to such successor organization. The pledge or sale of, the lien upon, and the security interest in any rights, revenues, or other assets of the Association created pursuant to any financing arrangements entered into by the Association shall be and remain valid and enforceable on the successor organization, notwithstanding the commencement of any rehabilitation, insolvency, liquidation, bankruptcy, conservatorship, reorganization, or similar proceeding against the Association. No such proceeding shall relieve the Association of its obligation to continue to collect assessments or other revenues pledged pursuant to any financing arrangements. In the event of dissolution, surplus then held shall not be distributed to member insurers. (2009-472, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-1 - Purpose and geographic coverage of Article.

§ 58-46-1. Purpose and geographic coverage of Article.
(a) It is the purpose of this Article to provide a program whereby adequate basic property insurance may be made available to property owners having insurable property in the State. It is further the purpose of this Article to encourage the improvement of properties located in the State and to arrest the decline of properties located in the State. It is the intent of the General Assembly in creating and, from time to time, amending this Article that the market provided by this Article not be the first market of choice, but the market of last resort.
(b) This Article shall apply to all geographic areas of the State except the "Beach Area" defined in G.S. 58-45-5(2).
(c) As used in this Article, "crime insurance" means insurance against losses resulting from robbery, burglary, larceny, and similar crimes, as more specifically defined and limited in the various crime insurance policies, or their successor forms of coverage, approved by the Commissioner and issued by the Association. Such policies shall not be more restrictive than those issued under the Federal Crime Insurance Program authorized by Public Law 91-609. (1969, c. 1284; 1985, c. 519, s. 1; 1986, Ex. Sess., c. 7, s. 4; 1985 (Reg. Sess., 1986), c. 1027, s. 24; 1987, c. 731, s. 1; 1987 (Reg. Sess., 1988), c. 975, s. 18; 1997-498, s. 10.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-2 - Persons who can be insured by the Association.

§ 58-46-2. Persons who can be insured by the Association.
As used in this Article, "person" includes the State of North Carolina and any county, city, or other political subdivision of the State of North Carolina. (2000-122, s. 6; 2002-187, s. 1.5.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-5 - Organization of underwriting association.

§ 58-46-5. Organization of underwriting association.
All insurers licensed to write and writing property insurance in this State on a direct basis are authorized, subject to the approval and regulation by the Commissioner, to establish and maintain a FAIR Plan (Fair Access to Insurance Requirements) and to establish and maintain an underwriting association and to formulate, and from time to time, to amend the plans and articles of the association and rules and regulations in connection therewith, and to assess and share on a fair and equitable basis all expenses, income and losses incident to such FAIR Plan and underwriting association in a manner consistent with the provisions of this Article. (1969, c. 1284; 1985, c. 519, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-10 - Participation in association.

§ 58-46-10. Participation in association.
(a) Every insurer authorized to write basic property insurance in this State except town and county mutual insurance associations and assessable mutual companies as authorized by G.S. 58-7-75(5)b, 58-7-75(5)d and 58-7-75(7)b and except an insurer who only writes insurance on property exempted from taxation by the provisions of G.S. 105-278.1 through 105-278.8 shall be required to become and remain a member of the Plan and underwriting association and comply with the requirements thereof as a condition of its authority to transact basic property insurance business in the State of North Carolina.
(b) An insurance producer who is licensed under Article 33 of this Chapter and is appointed as an agent of a company which is a member of the Association established under this Article shall not be deemed an agent of the Association. (1969, c. 1284; 1971, c. 1067, s. 1; 1985, c. 519, s. 3; 1987, c. 629, s. 12; 1991, c. 720, s. 24; 2022-46, s. 14(nnn).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-15 - Requirements of Plan and authority of Association.

§ 58-46-15. Requirements of Plan and authority of Association.
The Association formed pursuant to the provisions of this Article shall have authority on behalf of its members to cause to be issued basic property insurance policies, including coverage for farm risks; and shall offer additional extended coverage, optional perils endorsements, and crime insurance policies, or their successor forms of coverage; to reinsure in whole or in part, any such policies; and to cede any such reinsurance. The Plan adopted, pursuant to the provision of this Article, shall provide, among other things, for the perils to be covered, compensation and commissions, assessments of members, the sharing of expenses, income and losses on an equitable basis, cumulative weighted voting for the board of directors of the Association, the administration of the Plan and Association and any other matter necessary or convenient for the purpose of assuring fair access to insurance requirements. The directors of the Association may, subject to the approval of the Commissioner, amend the plan of operation at any time. The Commissioner may review the plan of operation at any time he deems to be expedient or prudent, but not less than once in each calendar year. After review of such plan the Commissioner may amend the plan after consultation with the directors and upon certification to the directors of such amendment. (1969, c. 1284; 1985, c. 519, s. 4; 1986, Ex. Sess., c. 7, ss. 5, 6; 1985 (Reg. Sess., 1986), c. 1027, s. 23; 1987, c. 864, s. 24; 1987 (Reg. Sess., 1988), c. 975, ss. 25, 29.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-20 - Authority of Commissioner.

§ 58-46-20. Authority of Commissioner.
(a) Within 90 days following July 2, 1969, and before August 1, 1969, the directors of the association shall submit to the Commissioner for his review, a proposed FAIR Plan and articles of the association consistent with the provisions of this Article.
(b) The FAIR Plan and articles of association shall be subject to approval by the Commissioner and shall take effect 10 days after having been approved by him. If the Commissioner disapproves all or any part of the proposed Plan and articles, the directors of the association shall within 30 days submit for review an appropriately revised Plan and articles and if the directors fail to do so, the Commissioner shall thereafter promulgate such Plan and articles not inconsistent with the provisions of this Article.
(c) The Commissioner may designate the kinds of property insurance policies on principal residences to be offered by the association, including insurance policies under Article 36 of this Chapter, and the commission rates to be paid to insurance producers for these policies, if he finds, after a hearing held in accordance with G.S. 58-2-50, that the public interest requires the designation. The provisions of Chapter 150B do not apply to any procedure under this subsection, except that G.S. 150B-39 and G.S. 150B-41 shall apply to a hearing under this subsection. Within 30 days after the receipt of notification from the Commissioner of a change in designation pursuant to this subsection, the association shall submit a revised plan and articles of association for approval in accordance with subsection (b) of this section.
(d) As used in this section and in G.S. 58-46-15, "FAIR Plan", "plan of operation", and "articles of association" include all written rules, practices, and procedures of the Association, except for staffing and personnel matters. (1969, c. 1284; 1986, Ex. Sess., c. 7, s. 7; 1987, c. 731, s. 1; 1991, c. 720, s. 4; 1991 (Reg. Sess., 1992), c. 784, s. 6; 2022-46, s. 14(ooo).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-25 - Temporary directors of association.

§ 58-46-25. Temporary directors of association.
Within 10 days after July 2, 1969, the Commissioner shall appoint a temporary board of directors of the association, which temporary board of directors may prepare and submit a Plan of operation and articles of association in accordance with G.S. 58-46-20. (1969, c. 1284.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-30 - Appeals; judicial review.

§ 58-46-30. Appeals; judicial review.
The association shall provide reasonable means, to be approved by the Commissioner, whereby any person or insurer affected by any act or decision of the administrators of the Plan or underwriting association, other than an act or decision relating to the cause or amount of a claimed loss, may be heard in person or by an authorized representative, before the governing board of the association or a designated committee. Any person or insurer aggrieved by any decision of the governing board or designated committee, may be appealed to the Commissioner within 30 days after the date of the ruling or decision. The Commissioner, after a hearing held under rules adopted by the Commissioner, shall issue an order approving or disapproving the act or decision with respect to the matter that is the subject of appeal. The Commissioner may appoint a member of the Commissioner's staff as deputy commissioner for the purpose of hearing the appeals and a ruling based on the hearing has the same effect as if heard by the Commissioner. All persons or insurers or their representatives aggrieved by any order or decision of the Commissioner may appeal as provided in G.S. 58-2-75.
No later than 10 days before each hearing, the appellant shall file with the Commissioner or the designated hearing officer and shall serve on the appellee a written statement of the appellant's case and any evidence that the appellant intends to offer at the hearing. No later than five days before the hearing, the appellee shall file with the Commissioner or the designated hearing officer and shall serve on the appellant a written statement of the appellee's case and any evidence that the appellee intends to offer at the hearing. Each hearing shall be recorded and may be transcribed. If the matter is between an insurer and the Association, the cost of the recording and transcribing shall be borne equally by the appellant and appellee; provided that upon any final adjudication the prevailing party shall be reimbursed for his share of such costs by the other party. If the matter is between an insured and the Association, the cost of transcribing shall be borne equally by the appellant and appellee; provided that the Commissioner may order the Association to pay recording or transcribing costs for which the insured is financially unable to pay. Each party shall, on a date determined by the Commissioner or the designated hearing officer, but not sooner than 15 days after delivery of the completed transcript to the party, submit to the Commissioner or the designated hearing officer and serve on the other party, a proposed order. The Commissioner or the designated hearing officer shall then issue an order. (1969, c. 1284; 1985, c. 519, s. 5; 1989 (Reg. Sess., 1990), c. 1069, s. 19; 1999-219, s. 1.3.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-35 - Reports of inspection made available; immunity from liability.

§ 58-46-35. Reports of inspection made available; immunity from liability.
All reports of inspection performed by or on behalf of the association shall be made available to the members of the association, applicants and the Commissioner. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the board of directors, or the Commissioner or his representatives for any action taken by them in good faith in the performance of their powers and duties under this Article. (1969, c. 1284; 1999-114, s. 6.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-40 - Assessment; inability to pay.

§ 58-46-40. Assessment; inability to pay.
In the event any insurer fails by reason of insolvency to pay any assessment as provided herein, the amount assessed each insurer shall be immediately recalculated excluding therefrom the insolvent insurer so that its assessment is, in effect, assumed and redistributed among the remaining insurers. Such an assessment against an insolvent insurer shall not be a charge against any special deposit fund held under the provisions of Article 5 of this Chapter for the benefit of policyholders. (1969, c. 1284; 1985, c. 519, s. 7; 1991, c. 720, s. 26.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-41 - Unearned premium, loss, and loss expense reserves.

§ 58-46-41. Unearned premium, loss, and loss expense reserves.
The Association shall make provisions for reserving unearned premiums and reserving for losses, including incurred but not reported losses, and loss expenses, in accordance with G.S. 58-3-71, 58-3-75, and 58-3-81. (2002-185, s. 5.2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-45 - Premium taxes to be paid through Association.

§ 58-46-45. Premium taxes to be paid through Association.
All premium taxes due on insurance written under this Article shall be remitted by each insurer to the Association; and the Association, as collecting agent for its member companies, shall forward all such taxes to the Secretary of Revenue as provided in Article 8B of Chapter 105 of the General Statutes. (1985 (Reg. Sess., 1986), c. 928, s. 10; 1995 (Reg. Sess., 1996), c. 747, s. 13.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-50 - Annual reports.

§ 58-46-50. Annual reports.
On or before January 1 of each year the association shall file with the Commissioner a statement that summarizes the transactions, conditions, operations, and affairs of the association during the preceding year. The statement shall contain such matters and information as are prescribed by the Commissioner and shall be in such form as is approved by him. The Commissioner may at any time require the association to furnish him with any additional information with respect to its transactions or any other matter that the Commissioner deems to be material to assist him in evaluating the operation and experience of the association. (1987 (Reg. Sess., 1988), c. 975, s. 26.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 46 - Fair Access to Insurance Requirements. › § 58-46-55 - Rates, rating plans, rating rules, and forms applicable.

§ 58-46-55. Rates, rating plans, rating rules, and forms applicable.
The rates, rating plans, rating rules, and forms applicable to the insurance written by the association shall be in accordance with the most recent manual rates or adjusted loss costs and forms that are legally in effect in this State. (1987 (Reg. Sess., 1988), c. 975, s. 28; 1991 (Reg. Sess., 1992), c. 784, s. 3; 2009-472, s. 6.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 47 - Workers' Compensation Self-Insurance. › § 58-47-70 - License denial; termination; revocation; restrictions.

§ 58-47-70. License denial; termination; revocation; restrictions.
(a) If the Commissioner denies a license, the Commissioner shall inform the applicant of the reasons for the denial. The Commissioner may issue a license to an applicant that remedies the reasons for a denial within 60 days after the Commissioner's notice. The Commissioner may grant additional time to an applicant to remedy any deficiencies in its application. A request for an extension of time shall be made in writing by the applicant within 30 days after the Commissioner's notice. If the applicant fails to remedy the reasons for the denial, the application shall be withdrawn or denied.
(b) A group shall not terminate its license or cease the writing of renewal business without obtaining prior written approval from the Commissioner. The Commissioner shall not grant the request of any group to terminate its license unless the group has closed or reinsured all of its incurred workers' compensation obligations and has settled all of its other legal obligations, including known and unknown claims and associated expenses.
(c) No group shall transfer its workers' compensation obligations under an assumption reinsurance agreement without complying with Part 2 of Article 10 of this Chapter.
(d) Every group is subject to Article 19 of this Chapter. No group shall merge with another group unless both groups are engaged in the same or a similar type of business. (1997-362, s. 3.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 47 - Workers' Compensation Self-Insurance. › § 58-47-80 - Assets and invested assets.

§ 58-47-80. Assets and invested assets.
Funds shall be held and invested by the board under G.S. 58-7-160, 58-7-162, 58-7-163, 58-7-165, 58-7-167, 58-7-168, 58-7-170, 58-7-172, 58-7-173, 58-7-178, 58-7-179, 58-7-180, 58-7-183, 58-7-185, 58-7-187, 58-7-188, 58-7-192, 58-7-193, 58-7-197, 58-7-200, and 58-19-10. (1997-362, s. 3; 2001-223, s. 21.2; 2003-212, s. 13.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 47 - Workers' Compensation Self-Insurance. › § 58-47-90 - Deposits.

§ 58-47-90. Deposits.
(a) Each group shall deposit with the Commissioner an amount equal to ten percent (10%) of the group's total annual earned premium, according to the group's annual statement filing, but not less than six hundred thousand dollars ($600,000), or another amount that the Commissioner prescribes based on, but not limited to, the financial condition of the group and the risk retained by the group.
(b) G.S. 58-5-1, 58-5-20, 58-5-25, 58-5-30, 58-5-35, 58-5-40, 58-5-63, 58-5-75, 58-5-80, 58-5-90(a) and (c), 58-5-95, 58-5-110, 58-5-115, and 58-5-120 apply to groups.
(c) A group organized and authorized before January 1, 1998, has until January 1, 2001, to comply with subsection (b) of this section. However, a dividend request shall not be approved by the Commissioner until the group has replaced its surety bonds with the deposit required by subsection (b) of this section.
(d) No judgment creditor, other than a claimant entitled to benefits under the Act, may levy upon any deposits made under this section.
(e) Surety bonds shall be in a form prescribed by the Commissioner and issued by an insurer authorized by the Commissioner to write surety business in North Carolina.
(f) Any surety bond may be exchanged or replaced with another surety bond that meets the requirements of this section if 90 days' advance written notice is provided to the Commissioner. An endorsement to a surety bond shall be filed with the Commissioner within 30 days after its effective date.
(g) If a group ceases to self-insure, dissolves, or transfers its workers' compensation obligations under an assumption reinsurance agreement, the Commissioner shall not release any deposits until the group has fully discharged all of its obligations under the Act. (1997-362, s. 3.)