North Carolina General Statutes
Article 58 - Life Insurance and Viatical Settlements.
§ 58-58-95 - Rights of beneficiaries.

58-58-95. Rights of beneficiaries.
When a policy of insurance is effected by any person on his own life, or on another life in favor of some person other than himself having an insurable interest therein, the lawful beneficiary thereof, other than himself or his legal representatives, is entitled to its proceeds against the creditors and representatives of the person effecting the insurance. The person to whom a policy of life insurance is made payable may maintain an action thereon in his own name. A person may insure his or her own life for the sole use and benefit of his or her spouse, or children, or both, and upon his or her death the proceeds from the insurance shall be paid to or for the benefit of the spouse, or children, or both, or to a guardian, free from all claims of the representatives or creditors of the insured or his or her estate. Any insurance policy which insures the life of a person for the sole use and benefit of that person's spouse, or children, or both, shall not be subject to the claims of creditors of the insured during his or her lifetime, whether or not the policy reserves to the insured during his or her lifetime any or all rights provided for by the policy and whether or not the policy proceeds are payable to the estate of the insured in the event the beneficiary or beneficiaries predecease the insured. (Const., Art. X, s. 7; 1899, c. 54, s. 59; Rev., ss. 4771, 4772; C.S., s. 6464; 1977, c. 518, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 58 - Insurance

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.

§ 58-58-25 - Policies to be issued to any person possessing the sickle cell trait or hemoglobin C trait.

§ 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.

§ 58-58-90 - Construction.

§ 58-58-95 - Rights of beneficiaries.

§ 58-58-97 - Provision of life insurance information upon notification of insured's death.

§ 58-58-100 - Minors may enter into insurance or annuity contracts and have full rights, powers and privileges thereunder.

§ 58-58-105 - Renunciation.

§ 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.

§ 58-58-200 - Short title.

§ 58-58-205 - Definitions.

§ 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.

§ 58-58-230 - Examinations.

§ 58-58-235 - Record retention requirements.

§ 58-58-240 - Investigative authority of the Commissioner.

§ 58-58-245 - Disclosure.

§ 58-58-250 - General rules.

§ 58-58-255 - Prohibited practices.

§ 58-58-260 - Advertising for viatical settlements.

§ 58-58-265 - Fraudulent viatical settlement acts, interference, and participation of convicted felons prohibited.

§ 58-58-267 - Fraud warning required.

§ 58-58-268 - Viatical settlement antifraud initiatives.

§ 58-58-270 - Report to Commissioner.

§ 58-58-275 - Reporting and investigation of suspected viatical settlement fraudulent acts; immunity from liability.

§ 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.

§ 58-58-310 - Effective date.

§ 58-58-320 - Purpose.

§ 58-58-325 - Scope.

§ 58-58-330 - Exemptions.

§ 58-58-335 - Definitions.

§ 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.

§ 58-58-380 - Definitions.

§ 58-58-390 - Requirements for insurers.

§ 58-58-400 - Noncompliance may constitute unfair claims settlement practice.