§ 58-57-30. Forms to be filed with Commissioner; approval or disapproval by Commissioner. - North Carolina Statutes

§58‑57‑30.  Forms to be filed with Commissioner; approval ordisapproval by Commissioner.

(a)        All forms ofpolicies, certificates of insurance, notices of proposed insurance,endorsements and riders intended for use in this State shall be filed with theCommissioner.

(b)        The Commissionershall, within 90 days after the filing of any such policies, certificates ofinsurance, notices of proposed insurance, endorsements and riders, disapproveany such form if it contains provisions which are contrary to, or not inaccordance with, any provision of this Article, Article 38 of this Chapter, orof any rule or regulation promulgated thereunder. Unless disapproved in writingwithin such 90 days, a form shall be deemed approved.

(c)        If the Commissionernotifies the insurer that the form is disapproved, it is unlawful thereafterfor such insurer to issue or use such form for a period of 60 days, or untilthe Commissioner has issued a final order after hearing, whichever is earlier.In such notice, the Commissioner shall specify the reason for his disapprovaland state that a hearing will be granted within 20 days after request inwriting by the insurer. No such policy, certificate of insurance, notice ofproposed insurance, endorsement or rider shall be issued or used until theexpiration of 30 days after it has been so filed, unless the Commissioner shallgive his prior written approval thereto.

(d)        The Commissionermay, at any time after a hearing held not less than 20 days after writtennotice to the insurer, withdraw his approval of any such form on any ground setforth in subsection (b) above. The written notice of such hearing shall statethe reason for the proposed withdrawal.

(e)        No insurer shallissue such forms or use them after the effective date of such withdrawal. (1975,c. 660, s. 1; 1979, c. 755, s. 16.)