58-28-1. Purpose of Article.
It is the purpose of this Article to abate and prevent the practices of unauthorized insurers within the State of North Carolina, and to provide methods for effectively enforcing the laws of this State against such practices. The General Assembly finds that there is within this State a substantial amount of insurance business being transacted by insurers who have not complied with the laws of this State and have not been authorized by the Commissioner to do business. These practices by unauthorized insurers are deemed to be harmful and contrary to public welfare of the citizens of this State. The difficulties which arise from the acts and practices of unauthorized insurers are compounded by the fact that such companies may be licensed in foreign jurisdictions and conduct a long-range business without having personal representatives or agents in proximity to insureds. The General Assembly further declares that it is a subject of vital public interest to the State that unlicensed and unauthorized companies have been and are now engaged in soliciting by way of direct mail and other advertising media, insurance risks within this State, and that such companies enjoy the many benefits and privileges provided by the State as well as the protection afforded to citizens under exercise of the police powers of the State, without themselves being subject to the laws designed to protect the insurance consuming public. The provisions of this Article are in addition to all other statutory provisions of Articles 1 through 64 of this Chapter relating to unauthorized insurers and do not replace, alter, modify or repeal such existing provisions. (1967, c. 909, s. 1; 1987, c. 864, s. 46; 1991, c. 720, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 28 - Unauthorized Insurers.
§ 58-28-1 - Purpose of Article.
§ 58-28-5 - Transacting business without a license prohibited; exceptions.
§ 58-28-12 - Transacting insurance business in this State.
§ 58-28-13 - Placement of insurance business.
§ 58-28-14 - Monetary penalty; factors to be considered.
§ 58-28-20 - Cease and desist orders; judicial review.
§ 58-28-35 - Provisions of Article additional to existing law; application.
§ 58-28-40 - Service of process on Secretary of State as agent for unauthorized company.