58-39-10. Scope.
(a) The obligations imposed by this Article shall apply to those insurance institutions, agents, or insurance-support organizations that:
(1) In the case of life, health, or disability insurance:
a. Collect, receive, or maintain information in connection with insurance transactions that pertains to natural persons who are residents of this State; or
b. Engage in insurance transactions with applicants, individuals, or policyholders who are residents of this State; and
(2) In the case of property or casualty insurance:
a. Collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State;
b. Engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State; or
c. Engage in transactions involving mortgage guaranty insurance where the mortgage guaranty policies, contracts, or certificates of insurance are delivered, issued for delivery, or renewed in this State.
(b) The rights granted by this Article shall extend to:
(1) In the case of life, health, or disability insurance, the following persons who are residents of this State:
a. Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and
b. Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions;
(2) In the case of property or casualty insurance, the following persons:
a. Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State; and
b. Applicants, individuals, or policyholders who engage in or seek to engage in (i) insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State; or (ii) mortgage guaranty insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this State.
(c) For purposes of this section, a person shall be considered a resident of this State if the person's last known mailing address, as shown in the records of the insurance institution, agent, or insurance-support organization, is located in this State.
(d) Notwithstanding subsections (a) and (b) of this section, this Article shall not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this State.
(e) This Article applies to credit insurance that is subject to Article 57 of this Chapter. (1981, c. 846, s. 1; 2001-351, s. 1; 2003-262, s. 2(1).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 39 - Consumer and Customer Information Privacy.
§ 58-39-20 - Pretext interviews.
§ 58-39-25 - Notice of insurance information practices.
§ 58-39-26 - Federal privacy disclosure notice requirements.
§ 58-39-27 - Privacy notice and disclosure requirement exceptions.
§ 58-39-28 - Exception for title and mortgage guaranty insurance.
§ 58-39-30 - Marketing and research surveys.
§ 58-39-35 - Content of disclosure authorization forms.
§ 58-39-40 - Investigative consumer reports.
§ 58-39-45 - Access to recorded personal information.
§ 58-39-50 - Correction, amendment, or deletion of recorded personal information.
§ 58-39-55 - Reasons for adverse underwriting decisions.
§ 58-39-60 - Information concerning previous adverse underwriting decisions.
§ 58-39-65 - Previous adverse underwriting decisions.
§ 58-39-70 - Recodified as G.S58-39-125 by Session Laws 2003-262, s2(3), effective June 26, 2003.
§ 58-39-75 - Disclosure limitations and conditions.
§ 58-39-76 - Limits on sharing account number information for marketing purposes.
§ 58-39-80 - Hearings and procedures.
§ 58-39-85 - Service of process; insurance-support organizations.
§ 58-39-90 - Cease and desist orders.
§ 58-39-100 - Appeal of right.
§ 58-39-105 - Individual remedies.
§ 58-39-115 - Obtaining information under false pretenses.
§ 58-39-125 - Powers of the Commissioner.
§ 58-39-145 - Information security program.