58-21-50. Duty to notify insured.
No contract of insurance placed by a surplus lines licensee under this Article shall be binding upon the insured and no premium charged therefor shall be due and payable until the producing broker or surplus lines licensee notifies the insured in writing, a copy of which shall be maintained by the broker or licensee with the records of the contract and available for possible examination, that:
(1) For surplus lines insurers that are not a nonadmitted domestic surplus lines insurer, the insurer with which the coverage has been placed is not licensed by this State and is not subject to its supervision and in the event the insurer who issued this policy becomes insolvent, losses will not be paid by any State guaranty or solvency fund.
(2) For nonadmitted domestic surplus lines insurers, in the event of the insolvency of the surplus lines insurer with which the coverage has been placed, losses will not be paid by any State insurance guaranty or solvency fund.
Nothing in this section shall nullify any agreement by any insurer to provide insurance. (1985, c. 688, s. 1; 2018-120, s. 2.1(i).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 21 - Surplus Lines Act.
§ 58-21-2 - Relationship to other insurance laws.
§ 58-21-4 - Nonadmitted and Reinsurance Reform Act duties.
§ 58-21-5 - Purposes; necessity for regulation.
§ 58-21-15 - Placement of surplus lines insurance.
§ 58-21-16 - Streamlined application for commercial purchasers.
§ 58-21-17 - Placement with alien insurers.
§ 58-21-20 - Eligible surplus lines insurer required.
§ 58-21-21 - Nonadmitted domestic surplus lines insurer.
§ 58-21-22 - Limitation on amount of salary protection insurance.
§ 58-21-25 - Other nonadmitted insurers.
§ 58-21-30 - Withdrawal of eligibility from a surplus lines insurer.
§ 58-21-35 - Duty to file and retain reports.
§ 58-21-40 - Surplus lines regulatory support organization.
§ 58-21-45 - Evidence of the insurance; changes; penalty.
§ 58-21-50 - Duty to notify insured.
§ 58-21-55 - Valid surplus lines insurance.
§ 58-21-60 - Effect of payment to surplus lines licensee.
§ 58-21-65 - Licensing of surplus lines license.
§ 58-21-70 - Surplus lines licensees may accept business from other agents or brokers.
§ 58-21-75 - Records of surplus lines licensee.
§ 58-21-85 - Surplus lines tax.
§ 58-21-90 - Collection of tax.
§ 58-21-95 - Suspension, revocation or nonrenewal of surplus lines licensee's license.
§ 58-21-100 - Actions against surplus lines insurer; service of process.