58-58-275. Reporting and investigation of suspected viatical settlement fraudulent acts; immunity from liability.
(a) As used in this section, "Commissioner" includes an employee, agent, or designee of the Commissioner. A person, or an employee or agent of that person, acting without actual malice, is not subject to civil liability for libel, slander, or any other cause of action by virtue of furnishing to the Commissioner, under the requirements of law or at the direction of the Commissioner, reports or other information relating to any known or suspected viatical settlement fraudulent act.
(b) The Commissioner, acting without actual malice, is not subject to civil liability for libel or slander by virtue of an investigation of any known or suspected viatical settlement fraudulent act; or by virtue of the publication or dissemination of any official report related to any such investigation, which report is published or disseminated in the absence of fraud, bad faith, or actual malice on the part of the Commissioner.
(c) During the course of an investigation of a known or suspected viatical settlement fraudulent act, the Commissioner may request any person to furnish copies of any information relative to the known or suspected viatical settlement fraudulent act. The person shall release the information requested and cooperate with the Commissioner under this section. (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.