N.C. Gen. Stat. § 97-99

Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards

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(a) Every policy for the insurance of the compensation in this Article, or against liability therefor, shall be deemed to be made subject to the provisions of this Article. No corporation, association or organization shall enter into any such policy of insurance unless its form has been approved by the Commissioner of Insurance.

(b) This Article shall not apply to policies of insurance against loss from explosion of boilers or flywheels or other similar single catastrophe hazards: Provided, that nothing in this Article relieves an employer from liability for injury or death of an employee as a result of such an explosion or catastrophe. (1929, c. 120, s. 72; 1943, c. 170; 1945, c. 381, s. 1; 1959, c. 863, s. 5; 1967, c. 1218; 1993, c. 504, s. 31; 2001-241, s. 1.)

§ 97-100. Rates for insurance; carrier to make reports for determination of solvency; tax upon premium; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices.

(a) The rates charged by all carriers of insurance, including the parties to any mutual insurance association writing insurance against the liability for compensation under this Article, shall be fair, reasonable, and adequate.

(b) Each insurance carrier shall report to the Commissioner of Insurance, in accordance with rules adopted by the Commissioner of Insurance, for the purpose of determining the solvency of the carrier and the adequacy of its rates; for this purpose the Commissioner of Insurance may inspect the books and records of any insurance carrier, and examine its agents, officers, and directors under oath.

(c) Every insurer under this Article, every employer carrying its own risk under G.S. 97-93, and every group of employers that has pooled the employers' liabilities under G.S. 97-93 is subject to the premiums tax levied in Article 8B of Chapter 105 of the General Statutes.

(d) through (f). Repealed by Session Laws 1995, c. 360, s. 1.

(g) Any person who acts or assumes to act as agent for any insurance carrier whose authority to do business in this State has been suspended, while the suspension remains in force, who neglects or refuses to comply with any of the provisions of this section, or who willfully makes a false or fraudulent statement of the business or condition of any insurance carrier, is guilty of a Class 2 misdemeanor.

(h) Whenever by this Article, or the terms of any policy contract, any officer is required to give any notice to an insurance carrier, the notice may be given by delivery, or by mailing by registered letter properly addressed and stamped, to the principal office or general agent of the insurance carrier within this State, or to its home office, or to the secretary, general agent, or chief officer of the carrier in the United States, or to the Commissioner of Insurance.

(i) through (k). Repealed by Session Laws 1995, c. 360, s. 1. (1929, c. 120, s. 73; 1931, c. 274, s. 13; 1947, c. 574; 1961, c. 833, s. 13; 1977, c. 828, s. 7; 1985, c. 119, s. 2; 1985 (Reg. Sess., 1986), c. 928, s. 13; 1989, c. 647, s. 1; 1993, c. 539, s. 682; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 360, s. 1(h).)

Notes of Decisions

Cited in 12 cases, 1959–2006 · leading case: Duganier v. Carolina Mountain Bakery

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Duganier v. Carolina Mountain Bakery (2006) ncctapp · cites it 19× “The notice of cancellation stated that Travelers would “reinstate this coverage if [Travelers] receive [d] [CMB’s] payment on or before the effective date of cancellation.”

Moore v. Adams Electric Company (1965) nc · cites it 6× “G.S. 97-99.” It is apparent from the foregoing summary of the Commission’s findings that it has intermingled factual and legal conclusions, and incorporated the conclusions so reached as factual findings.”

Wilson v. Claude J. Welch Builders Corp. (1994) ncctapp · cites it 3× “” N.C.G.S. § 97-99(a) (1991). There is no requirement that the notice of intent to cancel due to nonpayment of premium be sent by registered or certified mail.”

Plummer v. Kearney (1992) ncctapp · cites it 3× “Plummer further contends that the method of notification of workers’ compensation insurance cancellation used, despite the fact that it was approved by the Massachusetts court, does not comply with the requirements of N.”

Hartsell v. THERMOID COMPANY, SOUTHERN DIVISION (1959) nc · cites it 3× “G.S. § 97-99. But with respect to the query in this case, there is no relevant provision of the law.”

Patterson v. Markham & Associates (1996) ncctapp · cites it 3× “N.C.G.S. § 97-99. Additionally, the Commission made the following relevant conclusion of law: 3.”

Wiles v. Mullinax (1969) nc · cites it 2× “Here, as in the trial reviewed by us upon the second appeal, there was no contention, and no evidence to show, that any binder issued by the defendants, as agent either for Royal Indemnity Company or for Dixie Fire and Casualty Company, was cancelled by such company in the…”

Spivey v. Oakley's General Contractors (1977) ncctapp “*490 A section of that article, G.S. 97-99, regulates the cancellation of policies issued under the article.”

Wiles v. Mullinax (1967) nc · cites it 2× “, supra, this Court held that a valid binder for workmen’s compensation insurance cannot be terminated except by the giving to the insured of the 30 days’ notice required by G.S. 97-99 for cancellation of a formal policy.”

North Carolina Chiropractic Ass'n v. Aetna Casualty & Surety Co. (1988) ncctapp “We noted that G.S. 97-99 provides for regulation of the cancellation of policies under the Act.”

Moore v. ADAMS ELECTRIC COMPANY (1963) nc “G.S. 97-99 prohibits an insurer from writing workmen’s compensation insurance unless the policy “shall provide a thirty-day prior notice of an intention to cancel same by the carrier to the insured by registered mail or certified mail.”

NC CHIROPRACTIC v. Aetna Cas. & Sur. (1988) ncctapp “We noted that G.S. 97-99 provides for regulation of the cancellation of policies under the Act.”

— N.C. Gen. Stat. § 97-99(a) — 6 cases

Duganier v. Carolina Mountain Bakery (2006) ncctapp “The notice of cancellation stated that Travelers would “reinstate this coverage if [Travelers] receive [d] [CMB’s] payment on or before the effective date of cancellation.”

Wilson v. Claude J. Welch Builders Corp. (1994) ncctapp “” N.C.G.S. § 97-99(a) (1991). There is no requirement that the notice of intent to cancel due to nonpayment of premium be sent by registered or certified mail.”

Plummer v. Kearney (1992) ncctapp “Plummer further contends that the method of notification of workers’ compensation insurance cancellation used, despite the fact that it was approved by the Massachusetts court, does not comply with the requirements of N.”

Moore v. Adams Electric Company (1965) nc “G.S. 97-99.” It is apparent from the foregoing summary of the Commission’s findings that it has intermingled factual and legal conclusions, and incorporated the conclusions so reached as factual findings.”

Wiles v. Mullinax (1969) nc “Here, as in the trial reviewed by us upon the second appeal, there was no contention, and no evidence to show, that any binder issued by the defendants, as agent either for Royal Indemnity Company or for Dixie Fire and Casualty Company, was cancelled by such company in the…”

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