58-42-5. Purposes, contents, and operation of risk sharing plans.
(a) Each plan promulgated or prepared pursuant to G.S. 58-42-1 shall:
(1) Give consideration to:
a. The need for adequate and readily accessible coverage;
b. Optional methods of improving the market affected;
c. The inherent limitations of the insurance mechanism;
d. The need for reasonable underwriting standards; and
e. The requirement of reasonable loss prevention measures;
(2) Establish procedures that will create minimum interference with the voluntary market;
(3) Distribute the obligations imposed by the plan, and any profits or losses experienced by the plan, equitably and efficiently among the participating insurers; and
(4) Establish procedures for applicants and participants to have their grievances reviewed by an impartial body. The filing and processing of a grievance pursuant to this subdivision does not stay the requirement for participation in a plan mandated by G.S. 58-42-10.
(b) Each plan may, on behalf of its participants:
(1) Issue policies of insurance to eligible applicants;
(2) Underwrite, adjust, and pay losses on insurance issued by the plan;
(3) Appoint a service company or companies to perform the functions enumerated in this subsection; and
(4) Obtain reinsurance for any part or all of its risks. (1986, Ex. Sess., c. 7, s. 1; 1999-114, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 42 - Mandatory or Voluntary Risk Sharing Plans.
§ 58-42-1 - Establishment of plans.
§ 58-42-5 - Purposes, contents, and operation of risk sharing plans.
§ 58-42-10 - Persons required to participate.
§ 58-42-15 - Voluntary participation.
§ 58-42-20 - Classification and rates.
§ 58-42-25 - Basis for participation.
§ 58-42-30 - Duty to provide information.
§ 58-42-35 - Provision of marketing facilities.
§ 58-42-40 - Voluntary risk sharing plans.
§ 58-42-45 - Article subject to Administrative Procedure Act; legislative oversight of plans.
§ 58-42-50 - Immunity of Commissioner and plan participants.