Terms Used In North Carolina General Statutes 58-66-40

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • certificate: means an agreement as defined by N. See North Carolina General Statutes 58-66-15
  • Contract: A legal written agreement that becomes binding when signed.
  • Insurer: means every corporation providing contracts or certificates of coverage of insurance as described in N. See North Carolina General Statutes 58-66-15
  • Statute: A law passed by a legislature.

(a) The provisions of this Article will not operate to relieve any insurer from any provision of law regulating the contents or provisions of insurance certificates or contracts nor operate to reduce an insured’s, beneficiary‘s or subscriber’s rights or protection granted under any statute or provision of the law.

(b) The provisions of this Article shall not be construed to mandate, require, or allow alteration of the legal effect of any provision of any insurance certificate or contract.

(c) In any action brought by a subscriber or claimant arising out of a certificate approved pursuant to this Article, the subscriber or claimant may base such an action on either or both (i) the substantive language prescribed by such other statute or provision of law, or (ii) the wording of the approved certificate. (1979, 2nd Sess., c. 1161, s. 1.)