§ 58-38-10. Scope of application. - North Carolina Statutes

§58‑38‑10.  Scope of application.

(a)        Except as providedin subsection (b) of this section, the provisions of this Article apply to thepolicies and contracts of direct insurance that are described in G.S. 58‑38‑35(a).

(b)        Nothing in thisArticle applies to:

(1)        Any policy that is asecurity subject to federal jurisdiction;

(2)        Any group policycovering a group of 1,000 or more lives at date of issue, other than a groupcredit life insurance policy, nor any group policy delivered or issued fordelivery outside of this State; however, this does not exempt any certificateissued pursuant to a group policy delivered or issued for delivery in thisState;

(3)        Any group annuitycontract that serves as a funding vehicle for pension, profit‑sharing, ordeferred compensation plans;

(4)        Any form used inconnection with, as a conversion from, as an addition to, or in exchangepursuant to a contractual provision for, a policy delivered or issued fordelivery on a form approved or permitted to be issued prior to the dates suchforms must be approved under this Article;

(5)        The renewal of apolicy delivered or issued for delivery prior to the date such policy must beapproved under this Article; nor

(6)        Insurers who issuebenefit booklets on group and nongroup bases for the policies described in G.S.58‑38‑35(a)(2). In such cases, the provisions of this Article applyto the benefit booklets furnished to the persons insured.

(7)        Insurance on farmbuildings (other than farm dwellings and their appurtenant structures); farm personalproperty; travel or camper trailers designed to be pulled by private passengermotor vehicles unless insured under policies covering nonfleet privatepassenger motor vehicles; nonfleet private passenger motor vehicles insuredunder a commercial motor vehicle insurance policy when combined with acommercial risk; residential real and personal property insured in multipleline insurance policies covering business activities as the primary insurableinterest; and marine, general liability, burglary and theft, glass, and animalcollision insurance except when such coverages are written as an integral partof a multiple line insurance policy for which there is an indivisible premium.

(c)        No other provisionof the General Statutes setting language simplification standards shall applyto any policy forms covered by this Article.

(d)        Any non‑Englishlanguage policy delivered or issued for delivery in this State shall be deemedto be in compliance with this Article if the insurer certifies that such policyis translated from an English language policy which does comply with thisArticle. (1979, c. 755, s. 1; 1981, c. 888, s. 6; 1983, c. 393,s. 1.)