Chapter 58

(a) Except as provided in subsections (b), (c), and (d) of this section, the receiver, subject to the Court's approval, may assume or reject any executory contract or unexpired lease of the insurer. (b) (1) If there has been a default in an executory contract or unexpired lease o…

(a) As used in this section "custodian" means: (1) A receiver or trustee of any of the property of the insurer, appointed in a case or proceeding not under this Article; (2) An assignee under a general assignment for the benefit of the insurer's creditors; or (3) A trustee, recei…

(a) Except as provided in subsection (b) of this section, a utility may not alter, refuse, or discontinue service to, or discriminate against, the receiver or the insurer solely on the basis that a debt owed by the insurer to such utility for service rendered before an order of r…

The proceedings authorized by this Article may be applied to: (1) All insurers that are doing, or have done, an insurance business in this State, and against whom claims arising from that business may exist now or in the future. (2) All insurers that purport to do an insurance bu…

Every proceeding that was commenced under the laws in effect before June 26, 1989, is deemed to have been commenced under this Article for the purpose of conducting the proceeding; except that in the discretion of the Commissioner the proceeding may be continued, in whole or in p…

No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall: (1) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding; (2) Be permitted to solici…

(a) Whenever the Commissioner has reasonable cause to believe, and determines after a hearing held under subsection (e) of this section, that any domestic insurer has committed or is engaged in, or is about to commit or engage in, any act, practice, or transaction that would subj…

(a) As used in this section, an insurer has "exceeded its powers" when it: has refused to permit examination of its books, papers, accounts, records or affairs by the Commissioner; has in violation of G.S. 58-7-50 removed from this State books, papers, accounts or records necessa…

(a) The Commissioner may file in the Court a petition alleging, with respect to a domestic insurer: (1) That there exist grounds that justify a judicial order for a formal delinquency proceeding against an insurer under this Article; (2) That the interests of policyholders, credi…

In all proceedings and judicial reviews thereof under G.S. 58-30-60 and G.S. 58-30-65, all records of the insurer, other documents, and all Department files and Court records and papers, insofar as they pertain to or are a part of the record of the proceedings, shall be and remai…

(a) Persons entitled to protection under this section are: (1) All receivers responsible for the conduct of a delinquency proceeding under this Article, including present and former receivers; and (2) All of the receiver's employees, meaning all present and former special deputie…

The Commissioner may petition the Court for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in this State on any one or more of the following grounds: (1) The insurer is in such condition that the further transaction of business would be …

(a) An order to rehabilitate the business of a domestic insurer or an alien insurer domiciled in this State, shall appoint the Commissioner and his successors in office as the rehabilitator, and shall direct the rehabilitator forthwith to take possession of the assets of the insu…

(a) The rehabilitator has the power: (1) To appoint a special deputy to act for him under this Article, and to determine his reasonable compensation. The special deputy has all powers of the rehabilitator granted by this section. The special deputy serves at the pleasure of the r…

(a) When a rehabilitation order against an insurer is entered, every court in this State, before which any pending action or proceeding in which the insurer is a party or is obligated to defend a party, shall stay the action or proceeding for 120 days and such additional time tha…

(a) Whenever the rehabilitator believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders or the public, or would be futile, the rehabilitator may petition the Court for an order of liquidation. A petition under …

Upon the expiration of all existing policies of fire insurance upon state-owned buildings, fixtures, furniture, and equipment, including all such property the title to which may be in any State department, institution, or agency, the State of North Carolina shall not reinsure any…

(a) In the case of total or partial loss of any property of any State agency or institution, the State Fire Marshal shall determine the amount of loss and certify that amount to the agency or institution concerned and to the Director of the Budget and Council of State. The Direct…

The State Fire Marshal, with the approval of the Council of State, may adopt insurance forms for coverages provided by the State Property Fire Insurance Fund under this Article. (1993, c. 409, s. 13; 2024-1, s. 6.4(a).)

If the Commissioner determines that an undue hazard to life, safety, or property exists because of a condition or the use of a building owned by the State, the Commissioner shall advise the proper agency how to limit or prohibit use of the building until the hazard is abated. (19…

Upon request of any State department, agency or institution, extended coverage insurance, and other property insurance, may be provided on designated state-owned property of such department, agency or institution which is insured by the State Property Fire Insurance Fund. Premium…

(a) A building located on State lands that is privately owned or privately leased, and located within the North Carolina Global TransPark, is exempt from application of this Article provided that (i) the North Carolina Global TransPark Authority requires a private owner or privat…

Upon request of any State department, agency, or institution, use and occupancy and business interruption insurance shall be provided on state-owned property of such department, agency, or institution which is insured by the State Property Fire Insurance Fund. Premiums for such i…

The State Fire Marshal may acquire professional liability insurance covering the officers and employees of any State department, institution, or agency upon the request of such State department, institution, or agency. Premiums for such insurance coverage shall be paid by the req…

(a) The Secretary of the Department of Health and Human Services and the Secretary of the Department of Adult Correction may provide medical liability insurance not to exceed one million dollars ($1,000,000) per incident on behalf of employees of these Departments who are license…

It is the duty of the different officers or boards having in their custody any property belonging to the State to inform the State Fire Marshal, giving him or her in detail a full description of same, and to keep him or her informed of any changes in such property or its location…

(a) The State Fire Marshal shall, as often as is required in the North Carolina Fire Code adopted by the North Carolina Building Code Council or more often if the State Fire Marshal considers it necessary, visit, inspect, and thoroughly examine every State property to analyze and…

The State Fire Marshal must submit to the Governor a full report of his or her official action under this Article, with such recommendations as commend themselves to the State Fire Marshal. (1901, c. 710, ss. 1, 2; 1903, c. 771, s. 4; Rev., s. 4830; C.S., s. 6454; 1945, c. 386; 1…

Upon the expiration of the existing fire insurance policies on said properties and in making appropriations for any biennium after the next biennium, the State Fire Marshal shall file with the Department of Administration his or her estimate of the appropriations which will be ne…

Every department, agency or institution of the State shall acquire motor vehicle liability insurance on all state-owned motor vehicles under its control. (1959, c. 1248; 1983, c. 717, s. 10.)

(a) Findings, Policy, and Purpose. - Motor vehicle accidents exact a terrible toll of human tragedy and suffering as well as national resources within the United States. The same is true, on a smaller scale, within North Carolina State government. Every year State employees or me…

Except as provided in G.S. 58-32-15, all insurance and all official fidelity and surety bonds authorized for State departments, institutions, and agencies shall be effected and placed by the Department, and the cost of such placement shall be paid by the State department, institu…

(a) Employee Insurance Committee. - The head of each State government employee payroll unit offering payroll deduction insurance products to employees shall appoint an Employee Insurance Committee for the following purposes: (1) To review insurance products currently offered thro…

(a) To the extent it is determined necessary and in the best interest of this State, the Office of the State Fire Marshal may obtain design and construction insurance or provide for self-insurance against property damage caused by this State, its departments, agencies, boards, an…

(a) Neither the State nor any county, city, or other political subdivision of the State, or any officer, employee, or other person acting on behalf of any such entity shall, with respect to any public building or construction contract, require any contractor, bidder, or proposer …

The following definitions shall apply in this Part: (1) Insurable hazards. - A minimum list of perils, risks, or hazards which must be insured against loss, which includes the following: fire, lightning, windstorm, hail, explosion, aircraft or vehicles, riot or civil commotion, s…

Premiums for flood insurance coverage for public education buildings shall be paid by each public education board in accordance with rates fixed by the State Fire Marshal, and the State Fire Marshal may purchase from insurers admitted to do business in North Carolina such insuran…

The State Fire Marshal is hereby authorized, directed, and empowered to establish a division to manage and operate a system of insurance for public education property. The State Fire Marshal shall adopt such rules and regulations as may be necessary to provide all details inheren…

(a) There is established a State Public Education Property Insurance Fund (Fund) as a special fund in the State treasury for the purpose of providing a reserve against property loss of public education boards. The State Treasurer shall be the custodian of the Fund and shall inves…

All public education boards may insure all public education property titled to that board against the direct loss or damage by insurable hazards in public education buildings and other public education properties in the Fund. Any property covered by an insurance policy in effect …

The State Fire Marshal shall provide for periodic inspections of all public education properties in the State of North Carolina insured under the provisions of this Article, in addition to the inspections required by G.S. 115C-525(b). The person making inspections required under …

Public education boards shall, at least 90 days before insuring in the Fund, furnish to the State Fire Marshal a complete and detailed list of all public education buildings and contents of those buildings and other insurable public education property, together with an estimate o…

(a) The State Fire Marshal shall determine the annual premium rate to be charged for insurance of public education properties pursuant to this Article, and rates shall be adjusted from time to time so as to provide insurance against damage or loss resulting from insurable hazards…

(a) In the event of loss or damage by insurable hazards to public education buildings and properties for the public education boards, the Fund shall pay the loss (i) in the same proportion as the amount of insurance carried bore to the valuation of the property at the time it was…

The State Fire Marshal shall have the duty to manage and operate a system of insurance for public education property. The State Fire Marshal may offer a system of property insurance to any charter schools approved pursuant to G.S. 115C-218.5. (2019-176, s. 3(b); 2024-1, s. 6.4(c)…

The State Fire Marshal is authorized and empowered to maintain an inspection and engineering service deemed by it to be appropriate and necessary to reduce the hazards of fire in public education buildings insured in the Fund and to expend for such purpose not in excess of ten pe…

The State Fire Marshal shall adopt rules for providing property insurance on property insured by the Fund against all risks of direct physical loss not otherwise insured against pursuant to this Article. Losses covered by this additional insurance shall be paid out of the Fund in…

(a) For the purposes of this section, the following definitions shall apply: (1) Administering organization. - As defined in G.S. 115C-407.50. (2) Covered activities. - Interscholastic athletic activities that are authorized, sanctioned, or scheduled by a participating school or …

There is hereby created within the Office of the State Fire Marshal a Public Officers and Employees Liability Insurance Commission. The Commission shall consist of 11 members who shall be appointed as follows: the State Fire Marshal shall appoint six members as follows: two membe…

The Commission may acquire from an insurance company or insurance companies a group plan of professional liability insurance covering the law-enforcement officers and/or public officers and employees of any political subdivision of the State. The Commission has full authority to …