58-41-40. No liability for statements or communications made in good faith; prior notice to agents or brokers.
(a) There is no liability on the part of and no cause of action for defamation or invasion of privacy arises against any insurer or its authorized representatives, agents, or employees, or any licensed insurance agent or broker, for any communication or statement made, unless shown to have been made in bad faith with malice, in any of the following:
(1) A written notice of cancellation under G.S. 58-41-15 or of nonrenewal under G.S. 58-41-20, specifying the reasons for cancellation.
(2) Communications providing information pertaining to the cancellation or nonrenewal.
(3) Evidence submitted at any court proceeding, administrative hearing, or informal inquiry in which the cancellation or nonrenewal is an issue.
(b) With respect to the notices that must be given or mailed to agents or brokers under G.S. 58-41-15, 58-41-20, and 58-41-25, the insurer may give or mail that notice at the same time or prior to giving or mailing the notice to the insured. (1985 (Reg. Sess., 1986), c. 1027, s. 14; 1987 (Reg. Sess., 1988), c. 975, s. 31; 1999-219, s. 9.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 41 - Insurance Regulatory Reform Act.
§ 58-41-5 - Legislative findings and intent.
§ 58-41-15 - Certain policy cancellations prohibited.
§ 58-41-20 - Notice of nonrenewal, premium rate increase, or change in coverage required.
§ 58-41-25 - Notice of renewal of policies with premium rate or coverage changes.
§ 58-41-30 - Loss of reinsurance.
§ 58-41-45 - Termination of writing kind of insurance.
§ 58-41-50 - Policy form and rate filings; punitive damages; data required to support filings.