58-30-175. Recovery of premiums owed.
(a) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium is obligated to pay an unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, whether earned or unearned, as shown on the records of the insurer. The liquidator also has the right to recover from such person any part of an unearned premium that represents commission of such person. Except as provided in G.S. 58-30-160, credits or setoffs or both are not allowed to an agent, broker, or premium finance company for any amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a payment by, the insured.
(b) An insured is obligated to pay any unpaid premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer. (1989, c. 452, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.
§ 58-30-1 - Construction and purpose.
§ 58-30-12 - Duty to report insurer impairment; violations; penalties.
§ 58-30-15 - Jurisdiction and venue.
§ 58-30-20 - Injunctions and orders.
§ 58-30-22 - Powers of Commissioner and receiver to examine or audit books or records.
§ 58-30-25 - Cooperation of officers, owners and employees.
§ 58-30-35 - Executory contracts and unexpired leases.
§ 58-30-40 - Turnover of property by a custodian.
§ 58-30-50 - Continuation of delinquency proceedings.
§ 58-30-55 - Condition on release from delinquency proceedings.
§ 58-30-60 - Commissioner's summary orders and supervision proceedings.
§ 58-30-62 - Administrative supervision of insurers.
§ 58-30-65 - Court's seizure order.
§ 58-30-70 - Confidentiality of hearings.
§ 58-30-71 - Immunity and indemnification of the receiver and employees.
§ 58-30-75 - Grounds for rehabilitation.
§ 58-30-80 - Rehabilitation orders.
§ 58-30-85 - Powers and duties of the rehabilitator.
§ 58-30-90 - Actions by and against rehabilitator.
§ 58-30-95 - Termination of rehabilitation.
§ 58-30-100 - Grounds for liquidation.
§ 58-30-105 - Liquidation orders.
§ 58-30-110 - Continuance of coverage.
§ 58-30-115 - Dissolution of insurer.
§ 58-30-120 - Powers of liquidator.
§ 58-30-125 - Notice to creditors and others.
§ 58-30-127 - Duties of agents.
§ 58-30-130 - Actions by and against liquidator.
§ 58-30-135 - Collection and list of assets.
§ 58-30-140 - Fraudulent transfers prior to petition.
§ 58-30-145 - Fraudulent transfer after petition.
§ 58-30-147 - Voidable transfers for federal home loan banks.
§ 58-30-150 - Voidable preferences and liens.
§ 58-30-155 - Claims of holders of void or voidable rights.
§ 58-30-170 - Reinsurer's liability.
§ 58-30-175 - Recovery of premiums owed.
§ 58-30-180 - Domiciliary liquidator's proposal to distribute assets.
§ 58-30-185 - Filing of claims.
§ 58-30-200 - Special provisions for third party claims.
§ 58-30-205 - Disputed claims.
§ 58-30-210 - Claims of surety.
§ 58-30-215 - Secured creditor's claims.
§ 58-30-220 - Priority of distribution.
§ 58-30-225 - Liquidator's recommendations to the Court.
§ 58-30-230 - Distribution of assets.
§ 58-30-235 - Unclaimed and withheld funds.
§ 58-30-240 - Termination of proceedings.
§ 58-30-245 - Reopening liquidation.
§ 58-30-250 - Disposition of records during and after termination of liquidation.
§ 58-30-255 - External audit of the receiver's books.
§ 58-30-260 - Conservation of property of foreign or alien insurers found in this State.
§ 58-30-265 - Liquidation of property of foreign or alien insurers found in this State.
§ 58-30-270 - Domiciliary liquidators in other states.
§ 58-30-275 - Ancillary formal proceedings.
§ 58-30-280 - Ancillary summary proceedings.
§ 58-30-285 - Claims of nonresidents against insurers domiciled in this State.
§ 58-30-290 - Claims of residents against insurers domiciled in reciprocal states.
§ 58-30-295 - Attachment, garnishment and levy of execution.
§ 58-30-300 - Interstate priorities.