58-58-22. Individual policy standard provisions.
No policy of individual life insurance shall be delivered in this State unless it contains in substance the following provisions, or provisions that in the Commissioner's opinion are more favorable to the person insured:
(1) Grace period. - A provision that the insured is entitled to a grace period of 31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force. The policy may provide that if a claim arises under the policy during the grace period, the amount of any premium due or overdue may be deducted from any amount payable under the policy in settlement.
(2) Incontestability. - A provision that the validity of the policy shall not be contested, except for nonpayment of premium, once it has been in force for two years after its date of issue; and that no statement made by any person insured under the policy about that person's insurability shall be used during the person's lifetime to contest the validity of the policy after the insurance has been in force for two years.
(3) Misstatement of age or gender. - A provision specifying an equitable adjustment of premiums or benefits, or both, to be made if the age or gender of the person insured has been misstated; the provision to contain a clear statement of the method of adjustment to be used.
(4) Suicide. - A provision that may not limit payment of benefits for a period more than two years after the date of issue of the policy because of suicide and that provides for at least the return of premiums paid on the policy if there is suicide during the two-year period.
(5) Reinstatement. - A provision that, unless the policy has been surrendered for its cash surrender value, or its cash surrender value has been exhausted, the policy will be reinstated at any time within five years after the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all overdue premiums, and the payment of reinstatement of any other indebtedness to the insurer upon the policy, all with interest at the rate specified. (1995, c. 517, s. 31(a).)
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.