(a)        An insurance premium finance agreement shall be in writing, dated, signed by the insured, and the printed portion thereof shall be in type that is legible, as determined by rule. It shall contain the entire agreement of the parties with respect to the insurance contract, the premiums for which are advanced or to be advanced under it, and the following:

INSURANCE PREMIUM FINANCE AGREEMENT

NOTICE

a.         Do not sign this agreement before you read it.

b.         You are entitled to a copy of this agreement.

c.         Under the law, you have the right to pay off in advance the full amount due and under certain conditions to obtain a partial refund of the service charge.”

(b)        An insurance premium finance agreement shall:

(1)        Contain the following:

a.         The name and place of business of the insurance producer negotiating the related insurance contract;

b.         The name of the insured and the residence, the place of business, or any other mailing address of the insured as specified by the insured;

c.         The name and place of business of the insurance premium finance company to which installments or other payments are to be made;

d.         A brief description of the insurance contract;

e.         The premiums for which are advanced or to be advanced under the agreement; and

f.          The amount of the premiums for such insurance contract; and

(2)        Set forth the following items where applicable:

a.         The total amount of the premiums;

b.         The amount of the down payment;

c.         The principal balance, which is the difference between items a and b;

d.         The amount of the service charge;

e.         The balance payable by the insured, meaning the sum of the amounts stated under items c. and d. of this subdivision.

f.          The number of installments required, the amount of each installment expressed in dollars and the due date or period thereof.

(c)        The items set forth in subsection (b) of this section need not be stated in the sequence or order in which they appear in that subsection, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.

(d)       No insurance premium finance agreement shall be signed by an insured when it contains any blank space to be filled in after it has been signed; however, if the insurance contract, the premiums for which are advanced or to be advanced under the agreement, has not been issued at the time of its signature by the insured and it so provides, the name of the authorized insurer by whom such insurance contract is issued and the policy number and the due date of the first installment may be left blank and later inserted in the original of the agreement after it has been signed by the insured. ?(1963, c. 1118; 1999-157, s. 2; 2022-46, s. 14(kk).)

Terms Used In North Carolina General Statutes 58-35-50

  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Insurance premium finance agreement: means a promissory note or other written agreement by which an insured promises or agrees to pay to, or to the order of, an insurance premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance producer, in payment of premiums on an insurance contract, together with a service charge as authorized and limited by this Article. See North Carolina General Statutes 58-35-1