§ 58-33-46. Suspension, probation, revocation, or nonrenewal of licenses.

758 words·~3 min read·/nc/chapter-58/58-33-46

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Commissioner may place on probation, suspend, revoke, or refuse to renew any license issued under this Article, in accordance with the provisions of Article 3A of Chapter 150B of the General Statutes, for any one or more of the following causes:

(1)Providing materially incorrect, misleading, incomplete, or materially untrue information in the license application.

(2)Violating any insurance law of this or any other state, violating any administrative rule, subpoena, or order of the Commissioner or of another state's insurance regulator, or violating any rule of the FINRA.

(3)Obtaining or attempting to obtain a license through misrepresentation or fraud.

(4)Improperly withholding, misappropriating, or converting any monies or properties received in the course of doing insurance business.

(5)Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.

(6)Having been convicted of a felony or a misdemeanor involving dishonesty, a breach of trust, or moral turpitude.

(7)Having admitted or been found to have committed any insurance unfair trade practice or fraud.

(8)Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this State or elsewhere.

(9)Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other jurisdiction for reasons substantially similar to those listed in this subsection.

(10)Forging another's name to an application for insurance or to any document related to an insurance transaction.

(11)Willfully failing to provide the notification required by subsection

(c)of this section.

(12)Repealed by Session Laws 2022-46, s. 13(a), effective July 7, 2022.

(12a)Soliciting, negotiating, or selling insurance in this State for an unauthorized insurer, regardless of whether the licensee or applicant knew that the insurer was unauthorized. As used in this section, the terms "soliciting", "negotiating", and "selling" shall have the meaning of "solicit", "negotiate", and "sell", respectively, set forth in G.S. 58-33-10.

(13)Failing to comply with an administrative or court order imposing a child support obligation, after entry of a final judgment or order finding the violation to have been willful.

(14)Failing to pay State income tax or comply with any administrative or court order directing payment of State income tax, after entry of a final judgment or order finding the violation to have been willful.

(15)Cheating on an examination for an insurance license or for a prelicensing or continuing education course, including improperly using notes or any other reference material to complete an examination for an insurance license or for a prelicensing or continuing education course.

(16)Willfully overinsuring property.

(17)Any cause for which issuance of the license could have been refused had it then existed and been known to the Commissioner at the time of issuance.

(b)G.S. 58-2-50 applies to any investigation under this section. G.S. 58-2-70 applies to any person subject to licensure under this Article.

(c)Any person licensed under this Article shall notify the Commissioner of the commencement of any bankruptcy, insolvency, or receivership proceeding affecting the person licensed, or upon making an assignment for the benefit of creditors of the person licensed. Each owner, manager, or officer of a business entity that is a licensed person shall be responsible for providing this notification. Any person responsible for notifying the Commissioner shall provide the notice within three business days after the commencement of the proceeding or the making of the assignment.

(d)If the Commissioner refuses to grant a license, or suspends or revokes a license, any appointment of the applicant or licensee shall likewise be revoked. No individual whose license is revoked shall be issued another license without first complying with all requirements of this Article.

(e)No person shall be issued a license or appointment to enter the employment of any other person, which other person is at that time found by the Commissioner to be in violation of any of the insurance laws of this State, or which other person has been in any manner disqualified under any state or federal law to engage in the insurance business.

(f)The Commissioner shall retain the authority to enforce the provisions of, and impose any penalty or remedy authorized by, this Chapter against any person who is under investigation for or charged with a violation of this Chapter even if the person's license or registration has been surrendered or has lapsed by operation of law. (2001-203, s. 16; 2004-166, s. 2; 2007-507, ss. 5, 6; 2009-566, s. 10; 2022-46, s. 13(a).)