Each surplus lines licensee shall keep in his or her office a full and true record of each surplus lines insurance contract placed by or through the licensee, including a copy of the policy, certificate, cover note, or other evidence of insurance. The record shall include the following items:

(1)        Amount of the insurance and perils insured;

(2)        Brief description of the property insured and its location;

(3)        Gross premium charged;

(4)        Any return premium paid;

(5)        Rate of premium charged upon the several items of property;

(6)        Effective date of the contract, and the terms of the contract;

(7)        Name and address of the insured;

(8)        Name and address of the insurer;

(9)        Amount of tax and other sums to be collected from the insured;

(10)      Identity of the producing broker, any confirming correspondence from the insurer or its representative, and the application; and

(11)      Copy of the compliance agreement.

The record of each contract shall be kept open at all reasonable times to examination by the Commissioner without notice for a period not less than five years following termination of the contract. ?(1985, c. 688, s. 1; 1991, c. 644, s. 42; 2018-120, s. 2.1(k); 2019-179, s. 2(c).)

Terms Used In North Carolina General Statutes 58-21-75

  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Producing broker: means an insurance producer licensed under Article 33 of this Chapter who deals directly with the party seeking insurance and who may also be a surplus lines licensee. See North Carolina General Statutes 58-21-10
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Surplus lines insurance: means any insurance in this State of risks resident, located, or to be performed in this State, permitted to be placed through a surplus lines licensee with a nonadmitted domestic surplus lines insurer or a nonadmitted insurer eligible to accept such insurance, including salary protection insurance. See North Carolina General Statutes 58-21-10
  • Surplus lines licensee: means a person licensed under N. See North Carolina General Statutes 58-21-10