§ 58-3-33. Insurer conditionally required to provide information. - North Carolina Statutes

§ 58‑3‑33. Insurer conditionally required to provide information.

(a)        A person who claimsto have been physically injured or to have incurred property damage where suchinjury or damage is subject to a policy of nonfleet private passengerautomobile insurance may request by certified mail directed to the insuranceadjuster or to the insurance company (Attention Corporate Secretary) at itslast known principal place of business that the insurance company provideinformation regarding the policy's limits of coverage under the applicablepolicy. Upon receipt of such a request, which shall include the policyholder'sname, and, if available, policy number, the insurance company shall notify thatperson within 15 business days, on a form developed by the Department, that theinsurer is required to provide this information prior to litigation only if theperson seeking the information satisfies all of the following conditions:

(1)        The person seekingthe information submits to the insurer the person's written consent to all ofthe person's medical providers to release to the insurer the person's medicalrecords for the three years prior to the date on which the claim arose, as wellas all medical records pertaining to the claimed injury.

(2)        The person seekingthe information submits to the insurer the person's written consent toparticipate in mediation of the person's claim under G.S. 7A‑38.3A.

(3)        The person seekingthe information submits to the insurer a copy of the accident report requiredunder G.S. 20‑166.1 and a description of the events at issue withsufficient particularity to permit the insurer to make an initial determinationof the potential liability of its insured.

(b)        Within 30 days ofreceiving the person's written documents required under subsection (a) of thissection, the insurer shall provide the policy limits.

(c)        Disclosure of thepolicy limits under this section shall not constitute an admission that thealleged injury or damage is subject to the policy.

(d)        This section doesnot apply to claims seeking recovery for medical malpractice or claims forwhich an insurer intends to deny coverage under any policy of insurance. (2003‑307, s. 1; 2004‑199,s. 21.)