58-58-215. License revocation and denial.
The Commissioner may suspend, revoke, or refuse to issue or renew the license of a provider or broker if the Commissioner finds that:
(1) There was any material misrepresentation in the application for the license;
(2) The licensee or any officer, partner, member, or key management personnel has been convicted of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent;
(3) The provider demonstrates a pattern of unreasonable payments to viators;
(4) The licensee or any officer, partner, member, or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony, or to a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment of conviction has been entered by the court;
(5) The provider has entered into any viatical settlement contract that has not been approved pursuant to this Part;
(6) The provider has failed to honor contractual obligations set out in a viatical settlement contract;
(7) The licensee no longer meets the requirements for initial licensure;
(8) The provider has assigned, transferred, or pledged a viaticated policy to a person other than a provider licensed in this State, viatical settlement purchaser, an accredited investor, or qualified institutional buyer as defined respectively in Regulation D, Rule 501 or Rule 144A of the Federal Securities Act of 1933, as amended, financing entity, special purpose entity, or related provider trust; or
(9) The licensee or any officer, partner, member, or key management personnel has violated any provision of this Part. (2001-436, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 58 - Life Insurance and Viatical Settlements.
§ 58-58-1 - Definitions; requisites of contract.
§ 58-58-5 - Industrial life insurance defined.
§ 58-58-10 - Credit life insurance defined.
§ 58-58-15 - Any type of survivorship fund in life insurance contract prohibited.
§ 58-58-20 - Tie-in sales with life insurance prohibited.
§ 58-58-22 - Individual policy standard provisions.
§ 58-58-23 - Standard provisions for annuity and pure endowment contracts.
§ 58-58-30 - Soliciting agent represents the company.
§ 58-58-35 - Discrimination between insurants forbidden.
§ 58-58-40 - Misrepresentations of policy forbidden.
§ 58-58-45 - Financial Provisions.
§ 58-58-50 - Standard Valuation Law.
§ 58-58-51 - NAIC valuation manual operative date.
§ 58-58-55 - Standard nonforfeiture provisions.
§ 58-58-61 - Standard nonforfeiture law for individual deferred annuities.
§ 58-58-65 - Reinsurance of companies regulated.
§ 58-58-70 - Insurable interest as between stockholders, partners, etc.
§ 58-58-75 - Insurable interest in life and physical ability of employee or agent.
§ 58-58-80 - Insurable interest in life and physical ability of partner.
§ 58-58-85 - Insurable interest in life of person covered by pension plan.
§ 58-58-86 - Insurable interest of charitable organizations.
§ 58-58-95 - Rights of beneficiaries.
§ 58-58-97 - Provision of life insurance information upon notification of insured's death.
§ 58-58-110 - Interest payments on death benefits.
§ 58-58-115 - Creditors deprived of benefits of life insurance policies except in cases of fraud.
§ 58-58-120 - Notice of nonpayment of premium required before forfeiture.
§ 58-58-125 - Minimum premium rates for assessment life insurance companies.
§ 58-58-130 - Distribution of surplus in mutual companies.
§ 58-58-135 - "Group life insurance" defined.
§ 58-58-140 - Group life insurance standard provisions.
§ 58-58-141 - Portability of group life insurance.
§ 58-58-145 - Group annuity contracts defined; requirements; issuance of individual certificates.
§ 58-58-146 - Application for annuities required.
§ 58-58-147 - Surrender fees on death benefits.
§ 58-58-150 - Employee life insurance defined.
§ 58-58-155 - Assignment of interest in group policies and annuity contracts.
§ 58-58-160 - Voting power under policies of group life insurance.
§ 58-58-165 - Exemption from execution.
§ 58-58-170 - Contestability after reinstatement.
§ 58-58-210 - License requirements.
§ 58-58-215 - License revocation and denial.
§ 58-58-220 - Approval of viatical settlement contracts and disclosure statements.
§ 58-58-225 - Reporting requirements and privacy.
§ 58-58-235 - Record retention requirements.
§ 58-58-240 - Investigative authority of the Commissioner.
§ 58-58-255 - Prohibited practices.
§ 58-58-260 - Advertising for viatical settlements.
§ 58-58-267 - Fraud warning required.
§ 58-58-268 - Viatical settlement antifraud initiatives.
§ 58-58-270 - Report to Commissioner.
§ 58-58-280 - Confidentiality.
§ 58-58-285 - Other law enforcement or regulatory authority.
§ 58-58-290 - Injunctions; civil remedies; cease and desist orders.
§ 58-58-295 - Unfair trade practices.
§ 58-58-300 - Authority to adopt rules.
§ 58-58-305 - Jurisdictional limitations.
§ 58-58-340 - Practices declared false, misleading, deceptive, or unfair on a military installation.
§ 58-58-345 - Practices declared false, misleading, deceptive, or unfair regardless of location.
§ 58-58-350 - Procedures and sanctions.
§ 58-58-360 - Purpose [Short title].
§ 58-58-370 - No preemption of Unclaimed Property Act.
§ 58-58-390 - Requirements for insurers.
§ 58-58-400 - Noncompliance may constitute unfair claims settlement practice.