reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0100 - GENERAL ORGANIZATION AND FUNCTIONS › Section 12 .0101 - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In this Chapter, unless the context otherwise
				  requires:
(1) "Deemer clause" or
				"deemer provision" shall mean any clause or provision which establishes a
				period of time certain, e.g. 90 days, etc., within which time the commissioner
				must disapprove a particular matter before him or set a hearing and which if no
				action is taken by the commissioner within the period of time certain, said
				matter before the commissioner is deemed approved.
(2) "Division" shall mean the life, accident
				and health division of the North Carolina Department of Insurance.
(3) "Form" shall consist of but not be
				limited to the application, rider, certificate, policy, etc.
Authority
				  G.S.
				  58-9;
				  58-54;
				  58-254.7;
				  58-347;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0100 - GENERAL ORGANIZATION AND FUNCTIONS › Section 12 .0102-0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-4;
				  58-9;
Eff. February 1,
				  1976;
Readopted Eff. September 26, 1978;
Repealed Eff.
				  July 1, 1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0200 - DESCRIPTIONS OF FORMS › Section 12 .0201 - PRE-EXISTING CONDITIONS AND RENEWABLE AT COMPANY OPTION

Current through Register Vol. 39, No. 2, July 15, 2024
The notices for pre-existing conditions and policies
				  renewable at the option of the company are used as examples of acceptable
				  wording for stickers placed on or notices printed on the face of accident and
				  health policies identifying the pre-existing condition exclusions and the
				  provisions for a policy renewable at the option of the company. These forms
				  include a heading, descriptive paragraph and other pertinent
				  information.
Authority
				  G.S.
				  58-2-40;
				  58-65-1;
				  58-65-40;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0200 - DESCRIPTIONS OF FORMS › Section 12 .0202-0203

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9;
				  59-42;
				  58-42.1;
				  58-54.4;
				  58-195;
				  58-199;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. July 1, 1982; July 5, 1979;
Repealed Eff. October 1,
				  1985.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0200 - DESCRIPTIONS OF FORMS › Section 12 .0204 - NOTICE FOR REVISION OF RATES FOR NON-PROFIT SERVICE CORP

Current through Register Vol. 39, No. 2, July 15, 2024
The form of notice of public hearing on revision of rates of
				  nonprofit hospital, medical or dental service corporations is a guide for the
				  preparation and publication of the notice of public hearing pursuant to
				  G.S.
				  58-65-45 on the revision of rates of a
				  nonprofit hospital, medical or dental service corporation. This form includes
				  the time, date and location of the public hearing, the company proposing the
				  revision, a complete description of the proposed revision and any other
				  pertinent information.
Authority
				  G.S.
				  58-2-40;
				  58-65-45;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Amended Eff. April 8, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0200 - DESCRIPTIONS OF FORMS › Section 12 .0205-0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9;
				  58-25.1;
				  58-26;
				  58-33;
				  58-42;
				  58-42.1;
58-54.4;
				  58-195; 58-198; 58-199;
Eff. April 26, 1979;
Repealed
				  Eff. June 16, 1979.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0200 - DESCRIPTIONS OF FORMS › Section 12 .0208 - MEDICARE AND MEDICAID - BUYER'S GUIDE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The North
				Carolina Buyer's Guide to Health Insurance and Medicare and Medicaid is
				provided pursuant to
				11 NCAC
				12 .0548. This form consists of information
				regarding North Carolina law and regulations pertaining to the people eligible
				for Medicare and Medicaid and other pertinent information.
(b) The Buyer's Guide shall be printed in at
				least 14 point type in a 16 point base in contrasting colors of red and black
				on matte paper with dull ink. The format shall be as prescribed by the
				commissioner. The commissioner shall consider written requests for deviations
				on a case by case basis.
Authority
				  G.S.
				  58-2-40;
				  58-54-25;
				  58-249;
				  58-250.1;
				  58-252;
				  58-254.5;
				  58-254.7;
Eff. October
				  24, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0301 - REPEALED - GENERAL PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9;
Eff. February 1,
				  1976;
Readopted Eff. September 26, 1978;
Repealed Eff.
				  July 1, 1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0302 - REPEALED - APPLICATION FOR INSURANCE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-344;
Eff. February 1,
				  1976;
Readopted Eff. September 26, 1978;
Amended Eff.
				  July 1, 1986;
Repealed Eff. April 1,
				  1989.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0303 - REPEALED - REBATES ON INSURANCE COMPANIES EMPLOYEES: PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-54.4(8);
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Repealed Eff. February 1, 1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0304 - SEX DISCRIMINATION ON APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
An insurer may not discriminate based on sex in any manner on
				  a life or accident and health insurance application.
Authority
				  G.S.
				  57-1;
				  57-4;
				  58-9;
				  58-44;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0305 - REPEALED - TWISTING OR OTHER PRACTICES INJURIOUS TO THE PUBLIC

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9(1);
				  58-42.1;
				  58-54.4;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Repealed
				  Eff. February 1, 1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0306 - LIFE: HEALTH AND ACCIDENT COVERAGES: POLICY OUT OF STATE

Current through Register Vol. 39, No. 2, July 15, 2024
Where a group master policy is written upon application taken
				  outside this jurisdiction covering individuals in this state the certificate
				  covering lives within this state shall be considered "North Carolina business"
				  and reported through the office of some general agent, resident in or having
				  territory within the state. This Rule does not apply to group mortgage and
				  blanket scholastic policies where the policy must be issued in North
				  Carolina.
Authority
				  G.S.
				  58-3-1;
				  58-2-40;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. February 1, 1992; July 1, 1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0307 - REPEALED - FILING APPROVAL: LIFE: ACCIDENT AND HEALTH FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-2-40;
				  58-6-5;
				  58-51-1;
				  58-54-35;
				  58-55-30;
				  58-58-1;
				  58-65-1;
				  58-65-40;
				  58-67-50;
				  58-67-150;
Eff.
				  February 1, 1976;
Amended Eff. November 1, 1976;
Readopted Eff. September 26, 1978;
Amended Eff. August 1, 2002;
				  February 1, 1996; February 1, 1992; April 1, 1989;
Repealed Eff.
				  July 1, 2006.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0308 - REPEALED - BANK CREDIT CARD FACILITY AVAILABLE FOR PREMIUM PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
11 NCAC 12 .0308 BANK CREDIT CARD
				  FACILITY AVAILABLE FOR PREMIUM PAYMENT
Authority
				  G.S.
				  58-61.2;
Eff. February 1,
				  1976;
Readopted Eff. September 26, 1978;
Amended Eff.
				  April 1, 1989;
Temporary Repeal Eff. December 1, 1999;
Repealed Eff. July 1, 2000.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0309 - APPLICATION: BYLAWS: RULES: PART OF THE POLICY CONTRACT

Current through Register Vol. 39, No. 2, July 15, 2024
The bylaws or constitution of a mutual insurance company,
				  association, order, society, or reciprocal exchange need not be attached to
				  each policy in order to be a part of the policy contract if the policy contract
				  contains all of the benefits available to the insured.
Authority
				  G.S.
				  58-2-40;
				  58-51-1;
				  58-51-15;
				  58-58-1;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0310 - INDUSTRIAL INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
The following is departmental policy on industrial
				  insurance.
With respect to industrial business in this state an agent
				  shall not be permitted to accept any money in payment of the premiums which are
				  in arrears on any industrial insurance policy that has lapsed and which the
				  insured seeks to reinstate unless the insured is enabled thereby to reinstate
				  the policy. In other words, the agent cannot accept payment of part of the
				  arrears and hold the money in his hands until he can collect the
				  balance.
Any advance premium which is paid by an industrial
				  policyholder shall be recorded in the receipt book of the insured and the
				  record book of the agent in exactly the same manner as current premiums are
				  recorded. There shall be no such things as blind entries in either book and the
				  policyholder's receipt book and the record book of the agent shall be in exact
				  agreement at all times.
Violation of this Rule will result in the initiation of
				  license revocation proceedings. Companies will be expected to report any
				  violation of this Rule to the commissioner.
Authority
				  G.S.
				  58-9(1);
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0311 - REPEALED - LIMITATION ON AMOUNT OF CREDIT INSURANCE WRITTEN

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  57-1;
				  57-4;
				  58-9;
				  58-344;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Repealed
				  Eff. April 1, 1989.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0312 - ACCIDENTAL DEATH BENEFIT: INHALATION OF GAS: ETC

Current through Register Vol. 39, No. 2, July 15, 2024
A policy or rider providing benefits for accidental death may
				  not exclude the following:
(1) The
				involuntary inhalation of gas and fumes and the involuntary taking of
				poison.
(2) Accidental death as a
				result of involuntary exposure to nuclear explosion, nuclear energy or nuclear
				elements.
(3) The involuntary
				exposure to hazardous waste and other toxins.
(4) Unintentionally self-inflicted bodily
				injury.
(5) Bacterial infection
				resulting from accidental injury.
(6) Accidental ptomaine poisoning.
Authority
				  G.S.
				  58-2-40;
				  58-3-30;
				  58-3-150;
				  58-51-1;
				  58-51-95;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Amended Eff. February 1, 1992; April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0313 - DISABILITY BENEFIT: CONFINEMENT INDOORS

Current through Register Vol. 39, No. 2, July 15, 2024
A policy or rider providing benefits for disability may not
				  require confinement indoors or at home.
Authority
				  G.S.
				  58-2-40(1);
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0314 - REPEALED - INSURER LIABILITY: PREMIUM ACCEPTED FROM INELIGIBLE DEBTOR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  57-1;
				  57-4;
				  58-9;
				  58-344;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Repealed
				  Eff. April 1, 1989.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0315-0316

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-346;
				  58-351;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Repealed
				  Eff. April 1, 1989.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0317 - ORIGIN OF SICKNESS: DESCRIPTION

Current through Register Vol. 39, No. 2, July 15, 2024
The use of a term more restrictive than "first manifested" in
				  the determination of when a disease or sickness begins is prohibited. The term
				  "prudent person" cannot be used as a condition to establish when a disease or
				  sickness begins.
Authority
				  G.S.
				  58-2-40;
				  58-51-95;
				  58-58-1;
				  58-65-1;
				  58-65-40;
				  58-67-50;
				  58-67-150;
Eff.
				  September 26, 1978;
Amended Eff. February 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0318 - REPEALED - PREMIUM INCREASES: GROUP

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  57-1;
				  57-4;
				  58-9;
				  58-195;
				  58-249;
				  58-254.7;
				  58-293;
Eff. September
				  26, 1978;
Repealed Eff. February 1,
				  1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0319 - SUBROGATION PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Life or accident and health insurance forms shall not contain
				  a provision allowing subrogation of benefits.
Authority
				  G.S.
				  58-2-40;
				  58-51-1;
				  58-51-85;
				  58-51-95;
				  58-58-1;
				  58-65-1;
				  58-65-40;
Eff.
				  September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0320 - SOUND HEALTH SHALL BE DEFINED

Current through Register Vol. 39, No. 2, July 15, 2024
An application for life and accident and health insurance
				  shall not contain a question asking if the applicant is in sound or good health
				  unless the term is defined.
Authority
				  G.S.
				  58-2-40;
				  58-58-1;
				  58-65-1;
				  58-65-40;
Eff.
				  September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0321 - REPEALED - RATE FILING: HMO

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-67-50;
				  58-67-150;
Eff.
				  January 22, 1980;
Amended Eff. February 1, 1992;
Repealed Eff. July 1, 2020.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0322 - REGULAR CARE AND ATTENDANCE OF A PHYSICIAN

Current through Register Vol. 39, No. 2, July 15, 2024
As used in life, accident and health and disability policies,
				  "regular care and attendance of a physician" shall not be construed to require
				  insureds to see or be under the care of a physician on a regular basis if it
				  can be shown that the insured has reached his maximum point of recovery yet is
				  still disabled under the terms of the insurance contract. This requirement
				  shall not, however, restrict the right of the insurer, at its own expense, to
				  periodically examine or cause to have examined the insured according to the
				  terms of the contract of insurance.
Authority
				  G.S.
				  58-2-40;
				  58-51-1;
				  58-65-1;
Eff. April 1,
				  1989;
Amended Eff. February 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0323 - COMPLICATION OF PREGNANCY

Current through Register Vol. 39, No. 2, July 15, 2024
Complications of pregnancy may not be treated differently
				  from any other illness or sickness under the contract. A non-elective cesarean
				  section is considered a complication of pregnancy.
Authority
				  G.S.
				  58-2-40;
				  58-3-120;
				  58-51-1;
				  58-51-95;
				  58-63-15(7);
Eff. April 1, 1989;
Amended Eff. February 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0324 - HIV AND AIDS DISCRIMINATION PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
Human Immunodeficiency Virus (HIV) infection (symptomatic and
				  asymptomatic) and Acquired Immune Deficiency Syndrome (AIDS) must be treated as
				  any other illness or sickness under health insurance policy provisions and
				  policy applications. HIV and AIDS must be defined within the application if any
				  questions are asked about HIV and AIDS.
Authority
				  G.S.
				  58-2-40;
				  58-3-150;
				  58-51-1;
				  58-51.85;
				  58-51-95;
Eff. April
				  1, 1989;
Amended Eff. October 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0325 - REPEALED - OCCUPATIONAL INJURIES OR DISEASES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-2-40;
				  58-3-150;
				  58-51-1;
				  58-51-85;
				  58-51-95;
Eff.
				  February 1, 1992;
Amended Eff. October 1, 1994;
Repealed Eff. July 1, 2012.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0326 - APPLICATION FOR INSURANCE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applications for individual life, and accident or health insurance and
				annuities intended to insure North Carolina residents shall, except in the case
				of direct response business, be signed by a North Carolina licensed agent. The
				signature of the licensed agent must be his or her actual signature.
(b) Applications for insurance shall not
				include questions related to membership in substance or chemical dependency
				support groups. The applicant may be required to complete any medical question
				related to actual treatment, confinement, or diagnosis of such
				conditions.
Authority
				  G.S.
				  58-2-40;
				  58-33-25(o)(5);
				  58-50-5;
Eff. February
				  1, 1992;
Amended Eff. February 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0327 - REPEALED - Y2K INTERIM CLAIM PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-2-40;
				  58-2-235;
Temporary
				  Adoption Eff. January 1, 2000;
Amended Eff. July 1,
				  2000;
Repealed Eff. September 1,
				  2002.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0328 - ELIGIBLE INDIVIDUAL COVERAGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As
				used in this Rule, "designated health plan" means a guaranteed available plan
				an insurer must issue to an eligible individual under
				G.S.
				58-68-60.
(b) As used in this Rule, "eligible
				individual" has the same meaning as in
				G.S.
				58-68-60(b).
(c) As used in this Rule, "insurer" means an
				entity licensed under G.S. Chapter 58 that offers health insurance coverage in
				the individual market in this State.
(d) An insurer shall market each of its
				designated health plan(s) to eligible individuals.
(e) In marketing the designated health
				plan(s) to eligible individuals, an insurer shall use at least the same sources
				and methods of distribution that it uses to market other health benefit plans
				to individuals. An agent authorized by an insurer to market health benefit
				plans to individuals in this State shall also be authorized to market to
				eligible individuals.
(f) An
				insurer shall offer at least the designated health plan(s) to any eligible
				individual who applies for or makes an inquiry regarding health insurance
				coverage from the insurer. The offer may be provided directly to the eligible
				individual or delivered through an agent. The offer shall be in writing and
				shall include at least the following information:
(1) A general description of the benefits
				contained in the designated health plan(s) and any other health benefit plan
				being offered to the eligible individual; and
(2) Information describing how the eligible
				individual may enroll in the plans.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0329 - SUBMISSION REQUIREMENTS: FORM AND RATE FILINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Any insurer, as defined by
				  G.S.
				  58-1-5(3), that files with
				  the Commissioner for review or approval product forms of life, annuity,
				  accident and health, multiple employer welfare arrangements or managed care
				  provider contract forms and supporting documents, or premium rates, shall
				  comply with the following:
(1) Include
				a cover letter, or the NAIC Adopted Uniform Transmittal Document in lieu
				thereof, that:
(a) Includes the name and
				address of the submitting company.
(b) States the company issuing the
				form.
(c) Includes the toll-free
				telephone number and valid electronic e-mail address of the filer.
(d) Provides a unique identifying form number
				of each form submitted and its descriptive title.
(e) Indicates whether the form is new or a
				form revision.
(f) Identifies, for
				any revised forms, the form being replaced by its form number, assigned
				tracking number, and approval date.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0330 - NOTICE OF A CLOSED BLOCK OF INDIVIDUAL BUSINESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Definitions. As used in this rule:
(1)
				"Accident and health coverage" has the same meaning as in
				G.S.
				58-3-275.
(2) "Block of business" has the same meaning
				as in G.S. 58-3-275.
(3) "Closed block of business" has the same
				meaning as in
				G.S.
				58-3-275.
(4) "Insurer" has the same meaning as in
				G.S.
				58-3-275.
(5) "Policyholder" means the primary insured
				under an individual accident and health coverage and includes an applicant as
				described in
				G.S.
				58-3-275(c)(6).
(6) "Qualified actuary" means a member in
				good standing of the American Academy of Actuaries.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0331 - EXPIRED - HEALTH INSURANCE RISK POOL NOTICE LANGUAGE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-2-40;
				  58-3-276;
Eff.
				  February 1, 2010;
Repealed Eff. August 23, 2013 pursuant to
				  G.S.
				  150B-21.7;
Expired Eff. June 1,
				  2018 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0300 - GENERAL PROVISIONS › Section 12 .0332 - REVIEW/AUDIT OF THIRD PARTY ADMINISTRATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Definitions. As used in this rule:
(1)
				"Certification" means the certification required by
				G.S.
				58-56-26(c).
(2) "Insurer" has the same meaning as in
				G.S.
				58-56-2(4).
(3) "Third party administrator" or "TPA" has
				the same meaning as in
				G.S.
				58-56-2(5).
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0401 - REPEALED - LIFE: GENERAL NATURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9;
Eff. February 1,
				  1976;
Readopted Eff. September 26, 1978;
Repealed Eff.
				  July 1, 1988.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0402 - REPEALED - FAMILY LIFE POLICIES AND DEPENDENT TERM RIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-195;
Eff. February 1,
				  1976;
Readopted Eff. September 26, 1978;
Repealed Eff.
				  February 1, 1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0403 - TERMINATION OF LIFE INSURANCE: EMPLOYEE-EMPLOYER CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Individual life policies issued pursuant to
				  G.S.
				  58-58-150 may be terminated by the insurance
				  company when the following conditions occur:
(1) All like policies issued to employees of
				an employer are terminated;
(2)
				When the employee terminates his employment with that employer.
Authority
				  G.S.
				  58-2-40;
				  58-58-150;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Amended Eff. April 8, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0404 - APPLICATIONS WHICH FINANCE THE FIRST YEAR'S PREMIUM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Applications to be used with the sale of life insurance in which the first
				year's premium is financed shall comply with
				11 NCAC
				04 .0318.
(b) The information required in Subsection
				(a) of this Rule may be attached to instead of printed on the application. A
				rubber stamp shall not be used.
Authority
				  G.S.
				  58-2-40;
				  58-58-1;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. February 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0405 - LIFE INSURANCE: TOTAL AND PERMANENT DISABILITY BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
Departmental policy with regard to total and permanent
				  disability provisions of life insurance policies is as follows:
(1) Total and permanent disability provisions
				of individual or group life insurance and individual or group annuities,
				whether contained in the policies or in supplementary contracts, shall satisfy
				in substance the requirements set forth below. In construing these
				requirements:
(a) Waiver of premium includes
				refund of waived premiums if paid;
(b) The term "income payments" means monthly
				payments made in addition to waiver of premium and all benefits otherwise
				provided by the contract;
(c) The
				term "disability benefits" means waiver of premium, or both waiver of premium
				and income payments, whichever may be specified in the provision;
(d) The term "maturity" means, in the case of
				endowment policies, the date at which the policy becomes payable as an
				endowment, and in the case of deferred annuities, the date on which payment of
				annuity commences;
(e) The term
				"age 60" means either actual or rated age 60 of the insured or the policy
				anniversary nearest thereto as may be specified in the provision, and the term
				"age 65" shall be similarly construed.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0406 - GROUP LIFE INSURANCE: COLLECTION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
No insurance company licensed in North Carolina will be
				  permitted to pay a collection fee to any person for the collection of premiums
				  under group life insurance contracts, salary savings plans, or any other plan
				  of group life insurance who does not devote a majority of his or her time to
				  the life insurance business and who is not licensed by this
				  department.
Authority
				  G.S.
				  58-2-40;
				  58-33-25(j);
				  58-33-85;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0407 - GROUP LIFE INSURANCE: DEPENDENT BENEFIT

Current through Register Vol. 39, No. 2, July 15, 2024
Dependent life insurance may be written in connection with
				  group life insurance in amounts as allowed by an insurer's underwriting
				  practices.
Authority
				  G.S.
				  58-2-40;
				  58-58-135;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Amended Eff. April 1, 1989; April 2, 1979;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0408-0413

Current through Register Vol. 39, No. 2, July 15, 2024
Temporary Restraining
				  Order Issued Eff. May 8, 1979;
Authority
				  G.S.
				  58-9;
				  58-9(1);
				  58-42;
				  58-42.1;
				  58-54.4;
				  58-195;
				  58-199;
				  58-210;
Eff. February
				  1, 1976;
Amended Eff. January 1, 1978;
Readopted Eff.
				  September 26, 1978;
Amended Eff. July 5, 1979;
TRO
				  dissolved June 30, 1981;
Amended Eff. July 1, 1982;
Repealed Eff. October 1, 1985.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0414 - REPEALED - GROUP LIFE: STATE EMPLOYEES: OTHER POLITICAL SUBDIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-210(6);
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Repealed Eff. February 1, 1992.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0415 - LIFE APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
All life and annuity applications used to solicit life
				  insurance or annuities in North Carolina shall inquire whether or not the
				  replacement of existing life insurance or annuities is involved in the
				  transaction.
Authority
				  G.S.
				  58-2-40(1);
				  58-3-150;
				  58-33-75;
				  58-58-1;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. February 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0416 - LIFE APPLICATION: GUARANTEED ISSUE

Current through Register Vol. 39, No. 2, July 15, 2024
When a life insurance policy or certificate is sold on a
				  guaranteed issue basis, the application for such life insurance used in the
				  solicitation may not contain questions or statements regarding an applicant's
				  health.
Authority
				  G.S.
				  58-2-40(1);
				  58-3-150;
				  58-58-1;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. February 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0417-0418

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  58-9;
				  58-349;
				  58-351;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Repealed
				  Eff. April 1, 1989.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0419 - FILING AND APPROVAL OF VARIABLE ANNUITY CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
After a life insurance company has been granted the authority
				  to write variable annuities the company must submit its variable annuity
				  contract forms to the department for approval. The same requirements which are
				  applicable under existing statutes and rules with respect to the filing and
				  approval of individual and group life insurance and annuity contract forms
				  shall apply to variable annuity contracts.
No company may submit variable annuity contracts for approval
				  until its license has been amended to include the authority to write such
				  variable annuity contracts.
Authority
				  G.S.
				  58-2-40;
				  58-7-95;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0420 - APPROVAL OF CONTRACTS: ADDITIONAL INFORMATION REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
A company submitting variable annuity contracts to the
				  Department for approval shall furnish the following information with each
				  variable annuity contract filing:
(1)
				Evidence that a copy of all appropriate information has been registered with
				the Securities and Exchange Commission,
(2) A copy of all sales promotion material to
				be used in North Carolina,
(3) A
				copy of the variable annuity application form,
(4) A copy of the "Suitability Questionnaire"
				form, and
(5) A copy of all
				proposed riders to be used with the variable annuity contract.
The "Suitability Questionnaire" form required by this Rule
				  may be a separate form or a part of the policy application and shall contain
				  questions designed to determine whether the proposed variable annuity contract
				  meets the reasonable objectives and needs of the applicant.
Authority
				  G.S.
				  58-2-40;
				  58-7-95;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. February 1, 1992; April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0421 - PREPARATION OF VARIABLE ANNUITY CONTRACT FILINGS

Current through Register Vol. 39, No. 2, July 15, 2024
A company submitting variable annuity contracts to the
				  department for approval must prepare such filings in the following
				  manner:
(1) Separate filings should be
				made for individual and group contracts, with all supplementary material
				grouped accordingly.
(2) The filing
				letter should include a listing of all form numbers and a description of the
				contracts being filed.
(3) The
				filing letter should state whether or not the annuity mortality table developed
				from the company's experience is used, and if so, a copy of such table should
				accompany the filing.
(4) The
				filing letter should clearly indicate the states in which the subject contract
				has been filed and approved.
Authority
				  G.S.
				  58-2-40;
				  58-7-95;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0422 - CONTRACTS PROVIDING FOR VARIABLE BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
Any variable contract providing benefits payable in variable
				  amounts delivered or issued for delivery in this state shall contain a
				  statement of the essential features of the procedures to be followed by the
				  company in determining the dollar amount of such variable benefits. Any such
				  contract, including a group contract and any certificate in evidence of
				  variable benefits issued thereunder, shall state that such dollar amount will
				  vary to reflect investment experience and shall contain on its first page a
				  statement to the effect that the benefits thereunder are on a variable
				  basis.
Illustrations of benefits payable under any variable contract
				  shall not include projections of past investment experience into the future or
				  attempted predictions of future investment experience; provided that nothing
				  contained herein is intended to prohibit use of hypothetical assumed rates of
				  return to illustrate possible levels of benefits. Any individual variable
				  annuity contract delivered or issued for delivery in this state shall stipulate
				  the investment increment factors to be used in computing the dollar amount of
				  variable benefits or other contractual payments or values thereunder, and shall
				  guarantee that expense and mortality results shall not adversely affect such
				  dollar amounts.
In computing the dollar amount of variable benefits or other
				  contractual payments or values under an individual variable annuity
				  contract:
(1) The annual new
				investment increment assumption shall not exceed five percent, except with the
				approval of the commissioner.
(2)
				To the extent that the level of benefits may be affected by mortality results,
				the mortality factor shall be determined from the Annuity Mortality Table for
				1949, Ultimate, or any modification of that table not having a lower life
				expectancy at any age, or, if approved by the commissioner, from another table.
"Expense," as used in this Rule, may exclude some or all
				  taxes, as stipulated in the contract.
Authority
				  G.S.
				  58-2-40;
				  58-7-95;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0423 - REQUIRED REPORTS ON VARIABLE ANNUITY BUSINESS

Current through Register Vol. 39, No. 2, July 15, 2024
Any company issuing individual variable annuity contracts
				  shall mail to the contract holder at least once in each contract year after the
				  first year at his last address known to the company, a statement or statements
				  reporting the investments held in the separate account, and in the case of
				  contracts under which payments have not yet commenced, a statement reporting as
				  of a date not more than four months previous to the date of mailing:
(1) the number of accumulation units credited
				to such contracts and the dollar value of a unit, or
(2) the value of the contract holder's
				account.
Authority
				  G.S.
				  58-2-40;
				  58-7-95;
Eff. February
				  1, 1976;
Readopted Eff. September 26, 1978;
Amended
				  Eff. July 18, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0424 - LIFE INSURANCE ADVERTISING: DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of
				  11 NCAC
				  12 .0424 to
				  12 .0433:
(1) "Policy" shall include any policy, plan,
				certificate, contract, agreement, statement of coverage, rider, or endorsement
				which provides for life insurance or annuity benefits.
(2) "Insurer" shall include any individual,
				corporation, association, partnership, reciprocal exchange, inter-insurer,
				Lloyd's, fraternal benefit society, and any other legal entity which is defined
				as an "insurer" in the insurance code of this state or issues life insurance or
				annuities in this state and is engaged in the advertisement of a
				policy.
(3) "Advertisement" shall
				be material designed to create public interest in life insurance or annuities
				or in an insurer, or to induce the public to purchase, increase, modify,
				reinstate, borrow on, surrender, replace or retain a policy including:
(a) printed and published material,
				audiovisual material, and descriptive literature of an insurer used in direct
				mail, newspapers, magazines, radio, and television scripts, billboards, and
				similar displays;
(b) descriptive
				literature and sales aids of all kinds issued by an insurer or agent, including
				but not limited to, circulars, leaflets, booklets, depictions, illustrations,
				and form letters;
(c) material used
				for the recruitment, training, and education of an insurer's sales personnel,
				agents, solicitors, and brokers which is designed to be used or is used to
				induce the public to purchase, increase, modify, reinstate, borrow on,
				surrender, replace or retain a policy;
(d) prepared sales talks, presentations and
				material for use by sales personnel, agents, solicitors and brokers.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0425 - LIFE INSURANCE ADVERTISING: APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				These rules shall apply to any life insurance or annuity advertisement intended
				for dissemination in this state.
(b) Every insurer shall establish and at all
				times maintain a system of control over the content, form and method of
				dissemination of all advertisements of its policies. All such advertisements,
				regardless of by whom written, created, designed or presented, shall be the
				responsibility of the insurer.
Authority
				  G.S.
				  58-2-40;
				  58-3-150;
				  58-58-40;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.
North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 12 - LIFE AND HEALTH DIVISION › Section .0400 - LIFE: GENERAL NATURE › Section 12 .0426 - LIFE INSURANCE ADVERTISING: FORM AND CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Advertisements shall be truthful and not misleading in fact or by implication.
				The form and content of an advertisement of a policy shall be sufficiently
				complete and clear so as to avoid deception. It shall not have the capacity or
				tendency to mislead or deceive.
Whether an advertisement has the capacity or tendency to
				  mislead or deceive shall be determined by the Commissioner of Insurance from
				  the overall impression that the advertisement may be reasonably expected to
				  create upon a person of average education or intelligence within the segment of
				  the public to which it is directed.
(b) No advertisement shall use the terms
				"investment," "investment plan," "founder's plan," "charter plan," "certificate
				of deposit," "expansion plan," "profit," "profits," "profit sharing," "interest
				plan," "savings," "savings plan" or other similar terms in connection with a
				policy in a context or under such circumstances or conditions as to have the
				capacity or tendency to mislead a purchaser or prospective purchaser of such
				policy to believe that he will receive, or that it is possible that he will
				receive, something other than a policy or some benefit not available to other
				persons of the same class and equal expectation of life.
Authority
				  G.S.
				  58-2-40;
				  58-58-40;
				  58-63-15;
Eff.
				  February 1, 1976;
Readopted Eff. September 26, 1978;
Amended Eff. February 1, 1992;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. May 1, 2018.