North Carolina General Statutes
Article 2 - Commissioner of Insurance.
§ 58-2-133 - Conflict of interest; cost of examinations; immunity from liability.

58-2-133. Conflict of interest; cost of examinations; immunity from liability.
(a) No person may be appointed as an examiner by the Commissioner if that person, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination. This section does not preclude an examiner from being:
(1) A policyholder or claimant under an insurance policy;
(2) A grantor of a mortgage or similar instrument on the examiner's residence to an insurer if done under customary terms and in the ordinary course of business;
(3) An investment owner in shares of regulated diversified investment companies; or
(4) A settler or beneficiary of a blind trust into which any otherwise nonpermissible holdings have been placed.
(b) Notwithstanding the requirements of G.S. 58-2-131, the Commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions, even though they may from time to time be similarly employed or retained by persons subject to examination under the Examination Law. In the case of an examination of an insurer, the insurer shall bear the cost of retaining those persons.
(c) The refusal of any insurer to submit to examination is grounds for the revocation, suspension, or refusal of a license. The Commissioner may make public any such revocation, suspension, or refusal of license and may give reasons for that action.
(d) The provisions of G.S. 58-2-160 apply to examinations conducted under the Examination Law. (1991, c. 681, s. 2; 1995, c. 360, s. 2(d); 2002-144, s. 7; 2003-284, s. 22.2; 2004-124, s. 21.1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 58 - Insurance

Article 2 - Commissioner of Insurance.

§ 58-2-1 - Department established.

§ 58-2-5 - Commissioner's election and term of office.

§ 58-2-10 - Salary of Commissioner.

§ 58-2-15 - Chief deputy commissioner.

§ 58-2-20 - Chief actuary.

§ 58-2-25 - Other deputies, actuaries, examiners and employees.

§ 58-2-30 - Appointments of committees or councils.

§ 58-2-31 - Seniors' Health Insurance Information Program.

§ 58-2-35 - Seal of Department.

§ 58-2-40 - Powers and duties of Commissioner.

§ 58-2-45 - Orders of Commissioner; when writing required.

§ 58-2-46 - State of disaster automatic stay of proof of loss requirements; premium and debt deferrals.

§ 58-2-47 - Incident affecting operations of the Department; stay of deadlines and deemer provisions.

§ 58-2-50 - Examinations, hearings, and investigations.

§ 58-2-52 - Appeals and rate-making hearings before the Commissioner.

§ 58-2-53 - Filing approvals and disapprovals; clarification of law.

§ 58-2-55 - Designated hearing officers.

§ 58-2-60 - Restraining orders; criminal convictions.

§ 58-2-65 - License surrenders.

§ 58-2-69 - Notification of criminal convictions and changes of address; service of notice; contracts for online services, administrative services, or regulatory data systems.

§ 58-2-70 - Civil penalties or restitution for violations; administrative procedure.

§ 58-2-75 - Court review of orders and decisions.

§ 58-2-80 - Court review of rates and classification.

§ 58-2-85 - Procedure on appeal under § 58-2-80.

§ 58-2-90 - Extent of review under § 58-2-80.

§ 58-2-95 - Commissioner to supervise local inspectors.

§ 58-2-100 - Office of Commissioner a public office; records, etc., subject to inspection.

§ 58-2-105 - Confidentiality of medical and credentialing records.

§ 58-2-110 - Original documents and certified copies as evidence.

§ 58-2-115 - Admissibility of certificate as evidence of agent's authority.

§ 58-2-120 - Reports of Commissioner to the Governor and General Assembly.

§ 58-2-121 - Report of Department to General Assembly committees on various relief funds.

§ 58-2-125 - Authority over all insurance companies; no exemptions from license.

§ 58-2-128 - Interagency consultation.

§ 58-2-131 - Examinations to be made; authority, scope, scheduling, and conduct of examinations.

§ 58-2-132 - Examination reports.

§ 58-2-133 - Conflict of interest; cost of examinations; immunity from liability.

§ 58-2-134 - Cost of certain examinations.

§ 58-2-136 - Insurer records sent to Department for examination; expenses.

§ 58-2-150 - Oath required for compliance with law.

§ 58-2-155 - Investigation of charges.

§ 58-2-160 - Reporting and investigation of insurance and reinsurance fraud and the financial condition of licensees; immunity from liability.

§ 58-2-161 - False statement to procure or deny benefit of insurance policy or certificate.

§ 58-2-162 - Embezzlement by insurance producers or administrators.

§ 58-2-163 - Report to Commissioner.

§ 58-2-164 - Rate evasion fraud; prevention programs.

§ 58-2-165 - Annual, semiannual, monthly, or quarterly statements to be filed with Commissioner.

§ 58-2-171 - Qualifications of actuaries.

§ 58-2-180 - Punishment for making false statement.

§ 58-2-185 - Record of business kept by companies and insurance producers; Commissioner may inspect.

§ 58-2-190 - Commissioner may require special reports.

§ 58-2-195 - Commissioner may require records, reports, etc., for agencies, insurance producers, and others.

§ 58-2-200 - Books and papers required to be exhibited.

§ 58-2-205 - CPA audits of financial statements.

§ 58-2-210 - Rules for mortgage insurance consolidations.

§ 58-2-215 - Consumer Protection Fund.

§ 58-2-220 - Insurance Regulatory Information System and similar program test data not public records.

§ 58-2-230 - Commissioner to share information with Department of Labor.

§ 58-2-235 - Expired.

§ 58-2-240 - Market conduct analysis, financial analysis, and related information not public record.

§ 58-2-245 - Access to employer taxpayer identification numbers contained in public documents.

§ 58-2-250 - Electronic filings.

§ 58-2-255 - Electronic insurance communications and records.