§ 58-39-10. Scope. - North Carolina Statutes

§ 58‑39‑10. Scope.

(a)        The obligationsimposed by this Article shall apply to those insurance institutions, agents, orinsurance‑support organizations that:

(1)        In the case of life,health, or disability insurance:

a.         Collect, receive, ormaintain information in connection with insurance transactions that pertains tonatural persons who are residents of this State; or

b.         Engage in insurancetransactions with applicants, individuals, or policyholders who are residentsof this State; and

(2)        In the case of propertyor casualty insurance:

a.         Collect, receive, ormaintain information in connection with insurance transactions involvingpolicies, contracts, or certificates of insurance delivered, issued fordelivery, or renewed in this State;

b.         Engage in insurancetransactions involving policies, contracts, or certificates of insurancedelivered, issued for delivery, or renewed in this State; or

c.         Engage intransactions involving mortgage guaranty insurance where the mortgage guarantypolicies, contracts, or certificates of insurance are delivered, issued fordelivery, or renewed in this State.

(b)        The rights grantedby this Article shall extend to:

(1)        In the case of life,health, or disability insurance, the following persons who are residents ofthis State:

a.         Natural persons whoare the subject of information collected, received, or maintained in connectionwith insurance transactions; and

b.         Applicants,individuals, or policyholders who engage in or seek to engage in insurancetransactions;

(2)        In the case ofproperty or casualty insurance, the following persons:

a.         Natural persons whoare the subject of information collected, received, or maintained in connectionwith insurance transactions involving policies, contracts, or certificates ofinsurance delivered, issued for delivery, or renewed in this State; and

b.         Applicants,individuals, or policyholders who engage in or seek to engage in (i) insurancetransactions involving policies, contracts, or certificates of insurancedelivered, issued for delivery, or renewed in this State; or (ii) mortgageguaranty insurance transactions involving policies, contracts, or certificatesof insurance delivered, issued for delivery, or renewed in this State.

(c)        For purposes ofthis section, a person shall be considered a resident of this State if theperson's last known mailing address, as shown in the records of the insuranceinstitution, agent, or insurance‑support organization, is located in thisState.

(d)        Notwithstandingsubsections (a) and (b) of this section, this Article shall not apply toinformation collected from the public records of a governmental authority andmaintained by an insurance institution or its representatives for the purposeof insuring the title to real property located in this State.

(e)        This Articleapplies to credit insurance that is subject to Article 57 of this Chapter. (1981, c. 846, s. 1; 2001‑351,s. 1;  2003‑262, s. 2(1).)