58-40-135. Good faith immunity for operation of market assistance programs.
There is no liability on the part of and no cause of action of any nature arises against any director, administrator, or employee of a market assistance program, or the Commissioner or his representatives, for any acts or omissions taken by them in creation or operation of a market assistance program. The immunity established by this section does not extend to willful neglect, malfeasance, bad faith, fraud, or malice that would otherwise make an act or omission actionable. (1985 (Reg. Sess., 1986), c. 1027, s. 28.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 40 - Regulation of Insurance Rates.
§ 58-40-10 - Other definitions.
§ 58-40-15 - Scope of application.
§ 58-40-30 - Filing of rates and supporting data.
§ 58-40-35 - Filing open to inspection.
§ 58-40-40 - Delegation of rate making and rate filing obligation.
§ 58-40-45 - Disapproval of rates; interim use of rates.
§ 58-40-50 - Statistical organizations.
§ 58-40-60 - Joint underwriting and joint reinsurance organizations.
§ 58-40-65 - Insurers authorized to act in concert.
§ 58-40-75 - Agreements to adhere.
§ 58-40-85 - Recording and reporting of experience.
§ 58-40-90 - Examination of rating, joint underwriting, and joint reinsurance organizations.
§ 58-40-95 - Apportionment agreements among insurers.
§ 58-40-100 - Request for review of rate, rating plan, rating system or underwriting rule.
§ 58-40-105 - Hearing and judicial review.
§ 58-40-110 - Suspension of license.
§ 58-40-115 - Existing rates, rating systems, territories, classifications and policy forms.
§ 58-40-120 - Payment of dividends not prohibited or regulated; plan for payment into rating system.
§ 58-40-130 - Financial disclosure; rate modifications; reporting requirements.
§ 58-40-135 - Good faith immunity for operation of market assistance programs.