58-3-140. Temporary contracts of insurance permitted.
A lender engaged in making or servicing real estate mortgage or deed of trust loans on one to four family residences shall accept as evidence of insurance a temporary written contract of insurance meeting the requirements of G.S. 58-44-20(4) and issued by any duly licensed insurance agent, broker, or insurance company.
Nothing herein prohibits the lender from refusing to accept a binder or from disapproving such insurer or agent provided such refusal or disapproval is reasonable.
Such lender need not accept a binder unless such binder:
(1) Includes:
a. The name and address of the insured;
b. The name and address of the mortgagee;
c. A description of the insured collateral;
d. A provision that it may not be cancelled within a term of the binder except upon 10 days' written notice to the mortgagee; and
e. The amount of insurance bound.
(2) Is accompanied by a paid receipt for one year's premium, except in the case of the renewal of a policy subsequent to the closing of a loan; and
(3) Includes an undertaking of agent to use his best efforts to have the insurance company issue a policy.
The Department may require binders to contain any additional information to permit the binders to comply with the reasonable requirements of Fannie Mae, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation for purchase of mortgage loans. (1989, c. 459, s. 1; 1991, c. 720, s. 4; 2001-487, s. 14(f).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - General Regulations for Insurance.
§ 58-3-1 - State law governs insurance contracts.
§ 58-3-5 - No insurance contracts except under Articles 1 through 64 of this Chapter.
§ 58-3-6 - Charitable gift annuities.
§ 58-3-7 - Certain accountable care organizations not subject to this Chapter.
§ 58-3-8 - Medical direct primary care agreements not subject to this Chapter.
§ 58-3-10 - Statements in application not warranties.
§ 58-3-15 - Additional or coinsurance clause.
§ 58-3-20 - Group plans other than life, annuity or accident and health.
§ 58-3-25 - Discriminatory practices prohibited.
§ 58-3-30 - Meaning of terms "accident", "accidental injury", and "accidental means".
§ 58-3-33 - Insurer conditionally required to provide information.
§ 58-3-35 - Stipulations as to jurisdiction and limitation of actions.
§ 58-3-40 - Proof of loss forms required to be furnished.
§ 58-3-45 - Insurance as security for a loan by the company.
§ 58-3-50 - Companies must do business in own name; emblems, insignias, etc.
§ 58-3-55 - Must not pay death benefits in services.
§ 58-3-60 - Publication of assets and liabilities; penalty for failure.
§ 58-3-65 - Publication of financial information.
§ 58-3-71 - Unearned premium reserves.
§ 58-3-72 - Premium deficiency reserves.
§ 58-3-75 - Loss and loss expense reserves of fire and marine insurance companies.
§ 58-3-81 - Loss and loss expense reserves of casualty insurance and surety companies.
§ 58-3-100 - Insurance company licensing provisions.
§ 58-3-105 - Limitation of risk.
§ 58-3-110 - Limitation of liability assumed.
§ 58-3-115 - Twisting with respect to insurance policies; penalties.
§ 58-3-120 - Discrimination forbidden.
§ 58-3-121 - Discrimination against coverage of certain bones and joints prohibited.
§ 58-3-135 - Certain insurance activities by lenders with customers prohibited.
§ 58-3-137 - Prohibition on provisions relating to replacement cost estimators.
§ 58-3-140 - Temporary contracts of insurance permitted.
§ 58-3-145 - Solicitation, negotiation or payment of premiums on insurance policies.
§ 58-3-147 - Credit card guaranty or collateral prohibited.
§ 58-3-149 - Certificates of insurance.
§ 58-3-150 - Forms to be approved by Commissioner.
§ 58-3-151 - Deemer provisions.
§ 58-3-152 - Excess liability policies; uninsured and underinsured motorist coverages.
§ 58-3-155 - Business transacted with insurer-controlled brokers.
§ 58-3-160 - Sale of company or major reorganization; license to be restricted.
§ 58-3-165 - Business transacted with producer-controlled property or casualty insurers.
§ 58-3-167 - Applicability of acts of the General Assembly to health benefit plans.
§ 58-3-168 - Coverage for postmastectomy inpatient care.
§ 58-3-169 - Required coverage for minimum hospital stay following birth.
§ 58-3-170 - Requirements for maternity coverage.
§ 58-3-171 - Uniform claim forms.
§ 58-3-172 - Notice of claim denied.
§ 58-3-175 - Direct payment to government agencies.
§ 58-3-176 - Treatment discussions not limited.
§ 58-3-177 - Uniform prescription drug identification cards.
§ 58-3-179 - Coverage for colorectal cancer screening.
§ 58-3-180 - Motor vehicle repairs; selection by claimant.
§ 58-3-181 - Synchronization of prescription refills.
§ 58-3-185 - Lien created for payment of past-due child support obligations.
§ 58-3-190 - Coverage required for emergency care.
§ 58-3-191 - Managed care reporting and disclosure requirements.
§ 58-3-192 - Coverage for autism spectrum disorder.
§ 58-3-200 - Miscellaneous insurance and managed care coverage and network provisions.
§ 58-3-215 - Genetic information in health insurance.
§ 58-3-220 - Mental illness benefits coverage.
§ 58-3-221 - Access to nonformulary and restricted access prescription drugs.
§ 58-3-223 - Managed care access to specialist care.
§ 58-3-225 - Prompt claim payments under health benefit plans.
§ 58-3-227 - Health plans fee schedules.
§ 58-3-228 - Coverage for extra prescriptions during a state of emergency or disaster.
§ 58-3-230 - Uniform provider credentialing.
§ 58-3-231 - Payment under locum tenens arrangements.
§ 58-3-235 - Selection of specialist as primary care provider.
§ 58-3-240 - Direct access to pediatrician for minors.
§ 58-3-245 - Provider directories; cost tools for insured.
§ 58-3-247 - Insurance identification card.
§ 58-3-250 - Payment obligations for covered services.
§ 58-3-255 - Coverage of clinical trials.
§ 58-3-256 - Coverage related to organ transplants.
§ 58-3-260 - Insurance coverage for newborn hearing screening mandated.
§ 58-3-265 - Prohibition on managed care provider incentives.
§ 58-3-270 - Coverage for surveillance tests for women at risk for ovarian cancer.
§ 58-3-275 - Closure of a block of business.
§ 58-3-280 - Coverage for the diagnosis and treatment of lymphedema.
§ 58-3-285 - Coverage for hearing aids.
§ 58-3-290 - Nondependent child coverage defined; open enrollment.
§ 58-3-300 - Health insurance issuers subject to certain requirements of federal law.