reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-247 - Insurance identification card.

§ 58-3-247. Insurance identification card.
(a) Every insurer offering a health benefit plan as defined under G.S. 58-3-167 shall provide the health benefit plan subscriber or members with an insurance identification card. The card shall contain, at a minimum, all of the following information:
(1) The subscriber's name and identification number.
(2) The member's name and identification number, if applicable and different from the subscriber's name and identification number.
(3) The group number.
(4) The name of the organization issuing the policy, the name of the organization administering the policy, and the name of the network, whichever applies.
(5) The effective date of health benefits plan coverage or the date the card is issued if it is after the effective date.
(6) The address where claims are to be filed and, if applicable, the electronic claims filing payor identification number.
(7) The policyholder's obligations with regard to copayments, if applicable, for at least all of the following:
a. Primary care office visit.
b. Specialty care office visit.
c. Urgent care visit.
d. Emergency room visit.
(8) The phone number or website address whereby the subscriber, member, or service provider, in compliance with privacy rules under the Health Insurance Portability and Accountability Act may readily obtain the following:
a. Confirmation of eligibility.
b. Benefits verification in order to estimate patient financial responsibility.
c. Prior authorization for services and procedures.
d. The list of participating providers in the network.
e. The employer group number.
f. Special mental health medical benefits under the health plan, if applicable.
(9) An indication of whether the health benefit plan is a fully insured or self-funded plan. Plans that are fully insured shall be noted by using the phrase "fully insured" to indicate to the consumer that the Department is able to provide assistance regarding the regulation of the plan.
(b) The insurance identification card must be designed such that if the card is photocopied or electronically scanned, the resulting image is clearly legible. The identification card must present the information in a readily identifiable manner or, alternatively, the information may be embedded on the card and available through magnetic stripe or smart card. The information may also be provided through other electronic technology. (2007-362, s. 2; 2021-30, s. 1(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-250 - Payment obligations for covered services.

§ 58-3-250. Payment obligations for covered services.
(a) If an insurer calculates a benefit amount for a covered service under a health benefit plan through a method other than a fixed dollar co-payment, the insurer shall clearly explain in its evidence of coverage and plan summaries how it determines its payment obligations and the payment obligations of the insured. The explanation shall include:
(1) An example of the steps the insurer would take in calculating the benefit amount and the payment obligations of each party.
(2) Whether the insurer has obtained the agreement of health care providers not to bill an insured for any amounts by which a provider's charge exceeds the insurer's recognized charge for a covered service and whether the insured may be liable for paying any excess amount.
(3) Which party is responsible for filing a claim or bill with the insurer.
(b) If an insured is liable for an amount that differs from a stated fixed dollar co-payment or may differ from a stated coinsurance percentage because the coinsurance amount is based on a plan allowance or other such amount rather than the actual charges and providers are permitted to balance bill the insured, the evidence of coverage, plan summaries, and marketing and advertising materials that include information on benefit levels shall contain the following statement: "NOTICE: Your actual expenses for covered services may exceed the stated [coinsurance percentage or co-payment amount] because actual provider charges may not be used to determine [plan/insurer or similar term] and [insured/member/enrollee or similar term] payment obligations." (2001-446, s. 2.3.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-256 - Coverage related to organ transplants.

§ 58-3-256. Coverage related to organ transplants.
(a) For the purposes of this section, the following definitions apply:
(1) Anatomical gift. – The donation of all or part of a human body to take effect after the donor's death for the purpose of a transplant.
(2) Disability. – As defined in the Americans with Disabilities Act of 1990, 42 U.S.C. § 12102 et seq., as amended.
(3) Health benefit plan. – As defined in G.S. 58-3-167.
(4) Insurer. – As defined in G.S. 58-3-167.
(5) Transplant. – The transplantation or transfusion of a part of a human body into the body of another human for the purpose of treating or curing a medical condition.
(b) No insurer offering a health benefit plan in this State that provides coverage for anatomical gifts, organ transplants, or treatment and services related to anatomical gifts or transplants shall do any of the following:
(1) Deny coverage to an insured solely on the basis of that individual's disability.
(2) Deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of a health benefit plan solely for the purpose of avoiding the requirements of this section.
(3) Attempt to induce a health care provider to provide care to an insured in a manner inconsistent with this section by doing either of the following:
a. Penalizing, or otherwise reducing or limiting the reimbursement of, a health care provider.
b. Providing monetary or nonmonetary incentives to a health care provider.
(4) Reduce or limit health benefit plan coverage benefits to an insured for any services related to organ transplantation performed determined to be necessary in consultation with the attending physician and the insured.
(c) When a person or that person's health care provider or representative requests that person's insurer to determine whether a transplant is eligible for benefits under that person's health benefit coverage, the insurer shall, within 10 business days after receipt of the request and medical documentation necessary to determine if there is coverage, inform the requesting person as to whether there is coverage; provided coverage exists at the time of the transplant.
(d) In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any amendment to the health benefit plan made pursuant to a collective bargaining agreement solely to conform to this section shall not be treated as a termination of the collective bargaining agreement.
(e) Nothing in this section shall be deemed to require an insurer to provide coverage for a medically inappropriate organ transplant. (2021-64, s. 3(a); 2021-64, s. 3(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-260 - Insurance coverage for newborn hearing screening mandated.

§ 58-3-260. Insurance coverage for newborn hearing screening mandated.
(a) As used in this section, the terms "health benefit plan" and "insurer" have the meanings applied under G.S. 58-3-167.
(b) Each health benefit plan shall provide coverage for newborn hearing screening ordered by the attending physician pursuant to G.S. 130A-125. The same deductibles, coinsurance, reimbursement methodologies, and other limitations and administrative procedures as apply to similar services covered under the health benefit plan shall apply to coverage for newborn hearing screening. (2001-446, s. 3.2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-265 - Prohibition on managed care provider incentives.

§ 58-3-265. Prohibition on managed care provider incentives.
An insurer offering a health benefit plan may not offer or pay any type of material inducement, bonus, or other financial incentive to a participating provider to deny, reduce, withhold, limit, or delay specific medically necessary and appropriate health care services covered under the health benefit plan to a specific insured or enrollee. This section does not prohibit insurers from paying a provider on a capitated basis or withholding payment or paying a bonus based on the aggregate services rendered by the provider or the insurer's financial performance. (2001-446, s. 1.8.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-270 - Coverage for surveillance tests for women at risk for ovarian cancer.

§ 58-3-270. Coverage for surveillance tests for women at risk for ovarian cancer.
(a) Every health benefit plan, as defined in G.S. 58-3-167, shall provide coverage for surveillance tests for women age 25 and older at risk for ovarian cancer. As used in this section:
(1) "At risk for ovarian cancer" means either:
a. Having a family history:
1. With at least one first-degree relative with ovarian cancer; and
2. A second relative, either first-degree or second-degree, with breast, ovarian, or nonpolyposis colorectal cancer; or
b. Testing positive for a hereditary ovarian cancer syndrome.
(2) "Surveillance tests" mean annual screening using:
a. Transvaginal ultrasound; and
b. Rectovaginal pelvic examination.
(b) The same deductibles, coinsurance, and other limitations as apply to similar services covered under the plan apply to coverage for transvaginal ultrasound and rectovaginal pelvic examinations required to be covered under this section. (2003-223, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-280 - Coverage for the diagnosis and treatment of lymphedema.

§ 58-3-280. Coverage for the diagnosis and treatment of lymphedema.
(a) Every health benefit plan, as defined in G.S. 58-3-167, shall provide coverage for the diagnosis, evaluation, and treatment of lymphedema. The coverage required by this section shall include benefits for equipment, supplies, complex decongestive therapy, gradient compression garments, and self-management training and education, if the treatment is determined to be medically necessary and is provided by a licensed occupational or physical therapist or licensed nurse that has experience providing this treatment, or other licensed health care professional whose treatment of lymphedema is within the professional's scope of practice.
(b) The same deductibles, coinsurance, and other limitations as apply to similar services covered under the health benefit plan apply to coverage for the diagnosis, evaluation, and treatment of lymphedema required to be covered under this section. Nothing in this section requires a health benefit plan to provide a separate set of benefit limitations or maximums for the diagnosis, evaluation, or treatment of lymphedema.
(c) As used in this section, gradient compression garments:
(1) Require a prescription;
(2) Are custom-fit for the covered individual; and
(3) Do not include disposable medical supplies such as over-the-counter compression or elastic knee-high or other stocking products. (2009-313, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-285 - Coverage for hearing aids.

§ 58-3-285. Coverage for hearing aids.
(a) Every health benefit plan, including the State Health Plan for Teachers and State Employees, shall provide coverage for one hearing aid per hearing-impaired ear up to two thousand five hundred dollars ($2,500) per hearing aid every 36 months for covered individuals under the age of 22 years subject to subsection (b) of this section. The coverage shall include all medically necessary hearing aids and services that are ordered by a physician or an audiologist licensed in this State. Only those persons authorized by law to fit hearing aids, including individuals licensed under Chapter 93D of the General Statutes, are eligible to fit a hearing aid under this section. Coverage shall be as follows:
(1) Initial hearing aids and replacement hearing aids not more frequently than every 36 months.
(2) A new hearing aid when alterations to the existing hearing aid cannot adequately meet the needs of the covered individual.
(3) Services, including the initial hearing aid evaluation, fitting, and adjustments, and supplies, including ear molds.
(b) The same deductibles, coinsurance, and other limitations as apply to similar services covered under the health benefit plan apply to hearing aids and related services and supplies required to be covered under this section.
(c) Nothing in this section prevents an insurer from applying utilization review criteria to determine medical necessity as defined by G.S. 58-50-61 as long as it does so in accordance with all requirements for utilization review programs and medical necessity determinations specified in that section, including the offering of an insurer appeal process and where applicable, health benefit plans external review as provided in Part 4 of Article 50 of Chapter 58 of the General Statutes. (2010-2, s. 1; 2010-97, s. 7.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-290 - Nondependent child coverage defined; open enrollment.

§ 58-3-290. Nondependent child coverage defined; open enrollment.
(a) As used in this section, the following definitions apply:
(1) "Health benefit plan" has the same meaning as G.S. 58-3-167(a)(1).
(2) "Individual market" has the same meaning as G.S. 58-68-25(a)(9).
(3) "Insurer" has the same meaning as G.S. 58-3-167(a)(2).
(4) "Nondependent child coverage" or "nondependent child policy" means an individual health benefit plan which provides coverage to an individual under age 19. This shall not include health benefit plans that cover children under age 19 as dependents.
(5) "Open enrollment" means, with respect to "nondependent child coverage," the period of time during which any individual under age 19 has the opportunity to apply for coverage under a health benefit plan offered by an insurer and shall not be denied eligibility for coverage under the plan due to factors relating to the individual's health status.
(b) An insurer who offers nondependent child coverage shall offer open enrollment either continuously throughout the year or for the months of January and July of each year. Coverage issued under this section shall be issued without any riders based on the health status of the child. Nothing in this section shall require an insurer to offer nondependent child coverage or maternity coverage within an offer of nondependent child coverage.
(c) The Commissioner shall adopt rules as necessary or proper to implement the provisions of this section.
(d) Nothing in this section shall prohibit an insurer from adjusting the initial premium charged an individual afforded coverage under this section based upon medical underwriting to the extent that such an adjustment is in compliance with the applicable product's current rate filing approved by the Commissioner. (2011-196, s. 5.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 3 - General Regulations for Insurance. › § 58-3-300 - Health insurance issuers subject to certain requirements of federal law.

§ 58-3-300. Health insurance issuers subject to certain requirements of federal law.
Pursuant to the authority granted to the states under 42 U.S.C. § 300gg-22(a)(1), health insurance issuers that issue, sell, renew, or offer health benefit plans, as defined in G.S. 58-3-167(a)(1), in the State in the individual or group market shall meet the requirements of Part A of Subchapter XXV of Chapter 6A of Title 42 of the United States Code and regulations issued thereunder. (2013-199, s. 24.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 4 - NAIC Filing Requirements. › § 58-4-5 - Filing requirements.

§ 58-4-5. Filing requirements.
(a) Each domestic, foreign, and alien insurer that is authorized to transact insurance in this State shall file with the NAIC a copy of its financial statements required by G.S. 58-2-165, applicable rules, and legal directives and bulletins issued by the Department. The statements shall, in the Commissioner's discretion, be filed annually, semiannually, quarterly, or monthly and shall be filed in a form or format prescribed or permitted by the Commissioner. The Commissioner may require the statements to be filed in a format that can be read by electronic data processing equipment. Any amendments and addenda to the financial statement that are subsequently filed with the Commissioner shall also be filed with the NAIC.
(b) Foreign insurers that are domiciled in a state that has a law or regulation substantially similar to this Article shall be deemed to be in compliance with this section. (1985, c. 305, s. 1; 1991, c. 681, s. 11; 1993, c. 504, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 4 - NAIC Filing Requirements. › § 58-4-10 - Immunity.

§ 58-4-10. Immunity.
In the absence of actual malice, or gross negligence, members of the NAIC, their duly authorized committees, subcommittees, and task forces, their delegates, NAIC employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filings made pursuant to G.S. 58-4-10 shall be acting as agents of the Commissioner under the authority of this Article and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required under this Article. (1985, c. 305, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 4 - NAIC Filing Requirements. › § 58-4-15 - Revocation or suspension of license.

§ 58-4-15. Revocation or suspension of license.
The Commissioner may suspend or revoke the license of any insurer failing to file its financial statement when due or within any extension of time that the Commissioner, for good cause, may have granted. (1985, c. 305, s. 1; 1991, c. 681, s. 12; 1999-132, s. 9.1; 2003-212, s. 26(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 4 - NAIC Filing Requirements. › §§ 58-4-20: Recodified as § 58-2-220 pursuant to Session Laws 1989 (Regular Session, 1990), c. 0121, s. 7.

§ 58-4-20: Recodified as § 58-2-220 pursuant to Session Laws 1989 (Regular Session, 1990), c. 0121, s. 7.
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 4 - NAIC Filing Requirements. › § 58-4-25 - Insurance Regulatory Information System and similar program test data records.

§ 58-4-25. Insurance Regulatory Information System and similar program test data records.
Financial test ratios, data, or information generated by the NAIC Insurance Regulatory Information System, any successor program, or any similar program shall be disseminated by the Commissioner consistent with procedures established by the NAIC. (1991, c. 681, s. 13.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-1 - Deposits; use of master trust.

§ 58-5-1. Deposits; use of master trust.
Notwithstanding any other provision of law, the Commissioner is authorized to select a bank or trust company as master trustee to hold cash or securities to be pledged to the State when deposited with him pursuant to statute. Securities may be held by the master trustee in any form which, in fact, perfects the security interest of the State in the securities. The Commissioner shall by rule establish the manner in which the master trust shall operate. The master trustee may charge the person making the deposit reasonable fees for services rendered in connection with the operation of the trust. (1985, c. 666, s. 55; 1987, c. 864, s. 23.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-5 - Amount of deposits required of foreign or alien fire and/or marine insurance companies.

§ 58-5-5. Amount of deposits required of foreign or alien fire and/or marine insurance companies.
Unless otherwise provided in this Article, every fire, marine, or fire and marine insurance company chartered by any other state or foreign government shall make and maintain deposits of securities with the Commissioner in the amount of one hundred thousand dollars ($100,000) market value. (1909, c. 923, s. 1; 1911, c. 164, s. 1; Ex. Sess. 1913, c. 62, ss. 1, 2, 3; 1915, c. 166, s. 6; C.S., s. 6442; 1933, c. 60; 1945, c. 384; 1991, c. 681, s. 15; 2003-212, s. 1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-10 - Amount of deposits required of foreign or alien fidelity, surety and casualty insurance companies.

§ 58-5-10. Amount of deposits required of foreign or alien fidelity, surety and casualty insurance companies.
Unless otherwise provided in this Article, every fidelity, surety or casualty insurance company chartered by any other state or foreign government shall make and maintain deposits of securities with the Commissioner in the amount of two hundred thousand dollars ($200,000) market value. (1945, c. 384; 1991, c. 681, s. 16; 2003-212, s. 2.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-15 - Minimum deposit required upon admission.

§ 58-5-15. Minimum deposit required upon admission.
Upon admission to do business in the State of North Carolina every foreign or alien fire, marine, or fire and marine, fidelity, surety or casualty company shall deposit with the Commissioner securities in the amounts required under G.S. 58-5-5 and G.S. 58-5-10. (1945, c. 384; 1991, c. 681, s. 17; 2001-487, s. 18.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-20 - Type of deposits.

§ 58-5-20. Type of deposits.
The deposits required to be made under G.S. 58-5-5, 58-5-10, and 58-5-50 shall be composed of:
(a) Interest-bearing bonds of the United States of America;
(b) Interest-bearing bonds of the State of North Carolina, or of its cities or counties; or
(c) Certificates of deposit issued by any solvent bank domesticated in the State of North Carolina. (1945, c. 384; 1989, c. 485, s. 34; 1991, c. 681, s. 18.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-25 - Replacements upon depreciation of securities.

§ 58-5-25. Replacements upon depreciation of securities.
Whenever any of the securities deposited by companies under the provisions of G.S. 58-5-5, 58-5-10, and 58-5-50 shall be depreciated or reduced in value, such company shall forthwith increase the deposit in order to maintain the required deposit in accordance with the amounts required by the said sections. (1945, c. 384; 1989, c. 485, s. 34.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-30 - Power of attorney.

§ 58-5-30. Power of attorney.
With the securities deposited in accordance with G.S. 58-5-5, 58-5-10, and 58-5-50 the company shall at the same time deliver to the Commissioner a power of attorney executed by its president and secretary or other proper officers authorizing the sale or transfer of said securities or any part thereof for the purpose of paying any of the liabilities provided for in this Article. (1945, c. 384; 1989, c. 485, s. 34; 1991, c. 720, s. 4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-35 - Securities held by Treasurer; faith of State pledged therefor; nontaxable.

§ 58-5-35. Securities held by Treasurer; faith of State pledged therefor; nontaxable.
Unless a master trustee is selected by the Commissioner pursuant to G.S. 58-5-1, the securities required to be deposited by each insurance company in this Article shall be delivered for safekeeping by the Commissioner to the Treasurer of the State who shall receipt him therefor. For the securities so deposited the faith of the State is pledged that they shall be returned to the companies entitled to receive them or disposed of as herein provided for. The securities deposited by any company under this Article shall not, on account of such securities being in this State, be subjected to taxation but shall be held exclusively and solely for the protection of contract holders. (1945, c. 384; 1985, c. 666, s. 56.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-40 - Authority to increase deposit.

§ 58-5-40. Authority to increase deposit.
When, in the Commissioner's opinion, it is necessary for the protection of the public interest to increase the amount of deposits specified in G.S. 58-5-5, 58-5-10, 58-5-50, and 58-5-55, the companies described in those sections shall, upon demand, make additional deposits in such sums as the Commissioner may require, and those additional deposits shall be held in accordance with and for the purposes set out in this Article, and shall comprise:
(a) Interest-bearing bonds of the United States of America;
(b) Interest-bearing bonds of the State of North Carolina or of its cities or counties;
(c) Certificates of deposit issued by any solvent bank domesticated in the State of North Carolina;
(d) Interest-bearing AA or better rated corporate bonds and classified as investment grade in the latest NAIC Securities Valuation Manual; or
(e) Other interest-bearing bonds or notes considered to be acceptable by the Commissioner on a case by case basis. (1945, c. 384; 1989, c. 485, s. 34; 1991, c. 681, s. 19.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-50 - Deposits of foreign life insurance companies.

§ 58-5-50. Deposits of foreign life insurance companies.
In addition to other requirements of this Chapter, all foreign life insurance companies shall deposit securities, as specified in G.S. 58-5-20, that have a market value of four hundred thousand dollars ($400,000) as a prerequisite of doing business in this State. All foreign life insurance companies shall deposit an additional two hundred thousand dollars ($200,000) where such companies cannot show three years of net income before being licensed in this State. (1989, c. 485, s. 35; 2003-212, s. 3; 2005-215, s. 3; 2008-124, s. 2.1.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-55 - Deposits of capital and surplus by domestic insurance companies.

§ 58-5-55. Deposits of capital and surplus by domestic insurance companies.
(a) In addition to other requirements of Articles 1 through 64 of this Chapter, all domestic stock insurance companies shall deposit their required statutory capital with the Commissioner, and all domestic nonstock insurance companies shall deposit their required statutory surplus with the Commissioner. Such deposits shall be under the exclusive control of the Commissioner for the protection of policyholders.
(b) In addition to other requirements of Articles 1 through 64 of this Chapter, all domestic mutual insurance companies shall deposit at least fifty percent (50%) of their minimum required surplus with the Commissioner, with the amount of the deposit to be determined by the Commissioner. Such deposits shall be under the exclusive control of the Commissioner for the protection of policyholders.
(c) Deposits fulfilling the requirements of this section shall comprise:
(1) Interest-bearing bonds of the United States of America;
(2) Interest-bearing bonds of the State of North Carolina or of its cities or counties; or
(3) Certificates of deposit issued by any solvent bank domesticated in the State of North Carolina. (1989, c. 485, s. 35; 1991, c. 681, s. 20; 1993, c. 504, s. 3; 2008-124, s. 2.5; 2015-281, s. 7.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-63 - Interest; liquidation of deposits for liabilities.

§ 58-5-63. Interest; liquidation of deposits for liabilities.
(a) All insurance companies making deposits under this Article are entitled to interest on those deposits. The right to interest is subject to a company paying its insurance policy liabilities. If any company fails to pay those liabilities, interest accruing after the failure is payable to the Commissioner for the payment of those liabilities under subsection (b) of this section.
(b) If any company fails to pay its insurance policy liabilities after those liabilities have been established by settlement or final adjudication, the Commissioner may liquidate the amount of the company's deposit and accrued interest specified in subsection (a) of this section that will satisfy the company's policy liabilities and make payment to the person to whom the liability is owed. After payment has been made, the Commissioner may require the company to deposit the amount paid out under this subsection. As used in this section, "insurance policy" includes a policy written by a surety bondsman under Article 71 of this Chapter.
(c) Notwithstanding the provisions of G.S. 58-5-70, if any company that is or has been the subject of supervision or rehabilitation proceedings fails to pay its liabilities for temporary disability payments or emergency medical expenses under policies of workers' compensation insurance, the Commissioner shall liquidate the company's deposits and accrued interest and shall use the proceeds to pay such liabilities until that company becomes the subject of a final order of liquidation with a finding of insolvency that has not been stayed or been the subject of a writ of supersedeas or other comparable order. The Commissioner also may enter into one or more contracts to handle the administration of the identification and payment of such liabilities, and to the extent such a contract is entered into, the contractor and its employees, agents, and attorneys, shall have immunity of the same scope and extent as an employee of the State acting in the course and scope of the public duties of such employment. After an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction that has not been stayed or been the subject of a writ of supersedeas or other comparable order, then the balance of the proceeds, if any, shall be delivered to the North Carolina Insurance Guaranty Association in accordance with G.S. 58-48-95. To the extent that any payment made hereunder reduces the ratable amount payable to policyholders under G.S. 58-5-70, the liens obtained by the North Carolina Insurance Guaranty Association pursuant to Article 48 of this Chapter shall be reduced to such extent as necessary to permit the policyholders to be paid the ratable share that would have been due but for such payments. (1995, c. 193, s. 11; 1999-294, s. 8; 2001-223, s. 23.2; 2002-185, s. 8.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-70 - Lien of policyholders; action to enforce.

§ 58-5-70. Lien of policyholders; action to enforce.
Upon the securities deposited with the Commissioner by any foreign or alien insurance company, the holders of all contracts of the company who are citizens or residents of this State at the time, or who hold policies issued upon property in the State, shall have a lien for amounts in excess of fifty dollars ($50.00) due them, respectively, under or in consequence of the contracts for losses, equitable values, return premiums, or otherwise, and shall be entitled to be paid ratably out of the proceeds of the securities, if the proceeds are not sufficient to pay all of the contract holders. When any foreign or alien insurance company depositing securities under this Article becomes insolvent or bankrupt or makes an assignment for the benefit of its creditors, any holder of the contract may begin an action in the Superior Court of the County of Wake to enforce the lien for the benefit of all the holders of the contracts. The Commissioner shall be a party to the suit, and the funds shall be distributed by the court, but the cost of the action shall not be adjudged against the Commissioner. (1909, c. 923, s. 4; C.S., s. 6445; 1991, c. 720, s. 4; 1995, c. 193, s. 12; 2001-223, s. 24.1; 2001-487, s. 103(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-71 - Liens of policyholders; subordination.

§ 58-5-71. Liens of policyholders; subordination.
Liens against the deposit of a foreign insurer under G.S. 58-5-70 shall be subordinated to the reasonable and necessary expenses of the Commissioner in liquidating the deposit and paying the special deposit claims. "Special deposit claims" has the same meaning set forth in G.S. 58-30-10(19). (1993 (Reg. Sess., 1994), c. 678, s. 7; 2008-124, s. 2.4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-75 - Substitution for securities paid.

§ 58-5-75. Substitution for securities paid.
Where the principal of any of the securities so deposited is paid to the Commissioner, he shall notify the company or its agent in this State, and pay the money so received to the company upon receiving other securities of the character named in this Article to an equal amount, or, upon the failure of the company for 30 days after receiving notice to deliver such securities to an equal amount to the Commissioner, he may invest the money in any such securities and hold the same as he held those which were paid. (1909, c. 923, s. 5; C.S., s. 6446; 1991, c. 720, s. 4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-80 - Return of deposits.

§ 58-5-80. Return of deposits.
If such company ceases to do business in this State and its liabilities, whether fixed or contingent upon its contracts, to persons residing in this State or having policies upon property situated in this State have been satisfied or have been terminated, or have been fully reinsured, with the approval of the Commissioner, in a solvent company licensed to do an insurance business in North Carolina approved by the Commissioner, upon satisfactory evidence of this fact to the Commissioner the State Treasurer or the trustee selected pursuant to G.S. 58-5-1 shall deliver to such company, upon the order of the Commissioner, the securities in his possession belonging to it, or such of them as remain after paying the liabilities aforesaid. (1909, c. 923, s. 6; C.S., s. 6447; 1951, c. 781, s. 1; 1985, c. 666, s. 57; 1991, c. 720, s. 4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-90 - Deposits held in trust by Commissioner or Treasurer.

§ 58-5-90. Deposits held in trust by Commissioner or Treasurer.
(a) Deposits by Domestic Company. – The Commissioner or the Treasurer, in that officer's official capacity, shall take and hold in trust deposits made by any domestic insurance company for the benefit of all of the insurer's policyholders and for the purpose of complying with the laws of any other state to enable the company to do business in that state. The company making the deposits is entitled to the income thereof, and may, from time to time, with the consent of the Commissioner or Treasurer, and when not forbidden by the law under which the deposit was made, change in whole or in part the securities which compose the deposit for other solvent securities of equal par value. Upon request of any domestic insurance company the Commissioner or the Treasurer may return to the company the whole or any portion of the securities of the company held by the officer on deposit, when the officer is satisfied that the deposits are subject to no liability and are no longer required to be held by any provision of law or purpose of the original deposit.
(b) Deposits by Foreign or Alien Company. – The Commissioner or Treasurer, in that respective officer's official capacity, shall take and hold in trust deposits made by any foreign or alien insurance company for the benefit of the holders of all insurance contracts of the company who are citizens or residents of this State or who hold policies issued upon property in this State in accordance with G.S. 58-5-70. The Commissioner or Treasurer may return to the trustees or other representatives authorized for that purpose any deposit made by a foreign or alien insurance company, when it appears that the company has ceased to do business in the State and is under no obligation to policyholders or other persons in the State for whose benefit the deposit was made.
(c) Action to Enforce or Terminate the Trust. – An insurance company which has made a deposit in this State pursuant to Articles 1 through 64 of this Chapter, or its trustees or resident managers in the United States, or the Commissioner, or any creditor of the company, may at any time bring an action in the Superior Court of Wake County against the State and other parties properly joined therein, to enforce, administer, or terminate the trust created by the deposit. The process in this action shall be served on the officer of the State having the deposit, who shall appear and answer in behalf of the State and perform such orders and judgments as the court may make in such action. (1899, c. 54, s. 17; 1901, c. 391, s. 2; 1903, c. 438, s. 1; c. 536, s. 4; Rev., s. 4709; C.S., s. 6313; 1945, c. 384; 1991, c. 720, s. 4; 2005-215, s. 4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-95 - Deposits subject to approval and control of Commissioner.

§ 58-5-95. Deposits subject to approval and control of Commissioner.
The deposits of securities required to be made by any insurance company of this State shall be approved by the Commissioner of the State, and he may examine them at all times, and may order all or any part thereof changed for better security, and no change or transfer of the same may be made without his assent. (1903, c. 536, s. 5; Rev., s. 4710; C.S., s. 6314; 1945, c. 384; 1991, c. 720, s. 4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-100 - Deposits by alien companies required and regulated.

§ 58-5-100. Deposits by alien companies required and regulated.
An alien company, other than life, shall not be admitted to do business in this State until, in addition to complying with the conditions by law prescribed for the licensing and admission of such companies to do business in this State, it has made a deposit with the Treasurer or Commissioner, or with the financial officer of some other state of the United States, of a sum not less than the capital required of like companies under Articles 1 through 64 of this Chapter. This deposit must be in exclusive trust for the benefit and security of all the company's policyholders and creditors in the United States, and may be made in the securities, but subject to the limitations, specified in Articles 1 through 64 of this Chapter with regard to the investment of the capital of domestic companies formed and organized under the provisions of Articles 1 through 64 of this Chapter. The deposit shall be deemed for all purposes of the insurance law the capital of the company making it. (1899, c. 54, s. 64; 1903, c. 438, s. 6; Rev., s. 4711; C.S., s. 6315; 1945, c. 384; 1991, c. 720, s. 52.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-105 - Deposits by life companies not chartered in United States.

§ 58-5-105. Deposits by life companies not chartered in United States.
Every alien life insurance company organized under the laws of any other country than the United States must have and keep on deposit with some state insurance department or in the hands of trustees, in exclusive trust for the security of its contracts with policyholders in the United States, funds of an amount equal to the net value of all its policies in the United States and not less than three hundred thousand dollars ($300,000). (1899, c. 54, s. 56; Rev., s. 4712; C.S., s. 6316; 1945, c. 384.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-110 - Registration of bonds deposited in name of Treasurer or Commissioner.

§ 58-5-110. Registration of bonds deposited in name of Treasurer or Commissioner.
The Commissioner is hereby empowered, upon the written consent of any insurance company depositing with the Commissioner or the State Treasurer under any law of this State, any state, county, city, or town bonds or notes which are payable to bearer, to cause such bonds or notes to be registered as to the principal thereof in lawful books of registry kept by or in behalf of the issuing state, county, city or town, such registration to be in the name of the Treasurer of North Carolina or the Commissioner in trust for the company depositing the notes or bonds and the State of North Carolina, as their respective interest may appear, and is further empowered to require of any and all such companies the filing of written consent to such registration as a condition precedent to the right of making any such deposit or right to continue any such deposit heretofore made. (1925, c. 145, s. 2; 1945, c. 384; 1985, c. 666, s. 58; 1991, c. 720, s. 4.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-115 - Notation of registration; release.

§ 58-5-115. Notation of registration; release.
Bonds or notes so registered shall bear notation of such registration on the reverse thereof, signed by the registering officer or agent, and may be released from such registration and may be transferred on such books of registry by the signature of the State Treasurer or Commissioner. (1925, c. 145, s. 3; 1945, c. 384; 1985, c. 666, s. 59.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 5 - Deposits and Bonds by Insurance Companies. › § 58-5-120 - Expenses of registration.

§ 58-5-120. Expenses of registration.
The necessary expenses of procuring such registration and any transfer thereof shall be paid by the company making the deposits. (1925, c. 145, s. 4; 1945, c. 384.)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 6 - License Fees and Taxes. › § 58-6-1 - Commissioner to report taxes and fees and pay monthly.

§ 58-6-1. Commissioner to report taxes and fees and pay monthly.
On or before the 10th day of each month the Commissioner shall furnish to the Auditor a statement in detail of the taxes and fees received during the previous month, and shall pay the amounts received to the Treasurer. Except as otherwise provided, the amounts shall be credited to the General Fund. The Auditor may examine the accounts of the Commissioner and check them up with said statement. (1899, c. 54, s. 82; 1901, c. 391, s. 7; 1905, c. 430, s. 4; Rev., s. 4714; C.S., s. 6317; 1991, c. 720, s. 4; 1991 (Reg. Sess., 1992), c. 1014, s. 4; 1998-215, s. 83(b).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 6 - License Fees and Taxes. › § 58-6-5 - Schedule of fees and charges.

§ 58-6-5. Schedule of fees and charges.
The Commissioner shall collect and pay into the State treasury fees and charges as follows:
(1) For filing and examining an insurance company application for admission, a nonrefundable fee of one thousand dollars ($1,000), to be submitted with the filing; for each certification or confirmation of an insurance company deposit held by the Commissioner pursuant to this Chapter, twenty-five dollars ($25.00).
(2) Repealed by Session Laws 1977, c. 376, s. 2.
(3) The Commissioner shall receive for copy of any record or paper in his office fifty cents (50¢) per copy sheet.
(4) He shall collect all other fees and charges due and payable into the State treasury by any company, association, order, or individual under his Department.
(5) Repealed by Session Laws 1999-435, s. 1. (1899, c. 54, ss. 50, 68, 80, 81, 82, 87, 90, 92; 1901, c. 391, s. 7; c. 706, s. 2; 1903, c. 438, ss. 7, 8; c. 536, s. 4; cc. 680, 774; 1905, c. 588, s. 68; Rev., s. 4715; 1913, c. 140, s. 1; 1919, c. 186, s. 6; C.S., s. 6318; 1921, c. 218; 1935, c. 334; 1939, c. 158, s. 208; 1945, c. 386; 1947, c. 721; 1957, cc. 133, 1047; 1959, c. 911; 1963, c. 692; 1977, c. 376, s. 2; c. 802, s. 50; 1983, c. 790, s. 6; 1989 (Reg. Sess., 1990), c. 1069, s. 2; 1991, c. 720, s. 4; 1995, c. 360, s. 2(f); c. 507, s. 11A(c); 1999-435, s. 1; 2005-424, s. 1.1; 2009-451, s. 21.11(a).)
2023 North Carolina General Statutes › Chapter 58 - Insurance › Article 6 - License Fees and Taxes. › § 58-6-7 - Licenses; perpetual licensing; annual license continuation fees for insurance companies.

§ 58-6-7. Licenses; perpetual licensing; annual license continuation fees for insurance companies.
(a) In order to do business in this State, an insurance company shall apply for and obtain a license from the Commissioner. The license shall be perpetual and shall continue in full force and effect, subject to timely payment of the annual license continuation fee in accordance with this Chapter and subject to any other applicable provision of the insurance laws of this State. The insurance company shall pay a fee for each year the license is in effect, as follows:
For each domestic farmer's mutual assessment fire insurance company $ 25.00
For each fraternal order 500.00
For each of all other insurance companies, except domestic mutual burial associations 2,500.00
The fees levied in this subsection are in addition to those specified in G.S. 58-6-5.
(b) Repealed by Session Laws 2005-424, s. 1.2, effective January 1, 2006, and applicable to applications filed, licenses issued, and licenses continued on or after that date.
(c) Upon payment of the fee specified above and the fees and taxes elsewhere specified, each insurance company, exchange, bureau, or agency, shall be entitled to do the types of business specified in Chapter 58, of the General Statutes of North Carolina as amended, to the extent authorized therein. All fees and charges collected by the Commissioner under this Chapter are nonrefundable.
(d) Any rating bureau established by action of the General Assembly of North Carolina shall be exempt from the fees in this section. (1945, c. 752, s. 2; 1947, c. 501, s. 8; 1955, c. 179, s. 5; 1989 (Reg. Sess., 1990), c. 1069, s. 4; 1993, c. 495, s. 4; 1993 (Reg. Sess., 1994), c. 745, s. 12; 1995, c. 193, s. 65; c. 360, s. 1(c); c. 507, s. 11A(c); 1999-435, s. 2; 2003-212, s. 26(c); 2005-424, s. 1.2; 2009-451, s. 21.11(b); 2016-5, s. 1.1(b).)