58-45-1. Declarations and purpose of Article.
(a) It is hereby declared by the General Assembly of North Carolina that an adequate market for essential property insurance is necessary to the economic welfare of the beach and coastal areas of the State of North Carolina and that without such insurance the orderly growth and development of those areas would be severely impeded; that furthermore, adequate insurance upon property in the beach and coastal areas is necessary to enable homeowners and commercial owners to obtain financing for the purchase and improvement of their property; and that while the need for such insurance is increasing, the market for such insurance is not adequate and is likely to become less adequate in the future; and that the present plans to provide adequate insurance on property in the beach and coastal areas, while deserving praise, have not been sufficient to meet the needs of this area. It is further declared that the State has an obligation to provide an equitable method whereby every licensed insurer writing essential property insurance in North Carolina is required to meet its public responsibility instead of shifting the burden to a few willing and public-spirited insurers. It is the purpose of this Article to accept this obligation and to provide a mandatory program to assure an adequate market for essential property insurance in the beach and coastal areas of North Carolina.
(b) The General Assembly further declares that it is its intent in creating and, from time to time, amending this Article that the market provided by this Article not be the first market of choice, but the market of last resort.
(c) It is the intent of the General Assembly that except for North Carolina gross premium taxes and the fire and lightning tax, the activities of the Association be exempt from State and federal taxation to the fullest extent permitted by law. (1967, c. 1111, s. 1; 1969, c. 249; 1979, c. 601, s. 1; 1997-498, s. 9; 2009-472, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 45 - Essential Property Insurance for Beach Area Property.
§ 58-45-1 - Declarations and purpose of Article.
§ 58-45-5 - Definition of terms.
§ 58-45-6 - Persons who can be insured by the Association.
§ 58-45-10 - North Carolina Insurance Underwriting Association created.
§ 58-45-15 - Powers and duties of Association.
§ 58-45-20 - Temporary directors of Association.
§ 58-45-25 - Each member of Association to participate in nonrecoupable assessments.
§ 58-45-35 - Persons eligible to apply to Association for coverage; contents of application.
§ 58-45-36 - Temporary contracts of insurance.
§ 58-45-40 - Association members may cede insurance to Association.
§ 58-45-45 - Rates, rating plans, rating rules, and forms applicable.
§ 58-45-46 - Unearned premium, loss, and loss expense reserves.
§ 58-45-55 - Reports of inspection made available.
§ 58-45-60 - Association and Commissioner immune from liability.
§ 58-45-65 - Association to file annual report with Commissioner.
§ 58-45-65.1 - Association to be audited.
§ 58-45-70 - Commissioner may examine affairs of Association.
§ 58-45-71 - Report of member companies to Commissioner.
§ 58-45-75 - Commissioner authorized to promulgate reasonable rules and regulations.
§ 58-45-80 - Premium taxes to be paid through Association.
§ 58-45-85 - Assessment; inability to pay.