No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction: Provided, however, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon specific information available for review by the Commissioner, there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim. (1981, c. 846, s. 1; 2003-262, s. 2(1).)

Terms Used In North Carolina General Statutes 58-39-20

  • Agent: has the meaning as set forth in N. See North Carolina General Statutes 58-39-15
  • Fraud: Intentional deception resulting in injury to another.
  • Insurance institution: means any corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society, or other person engaged in the business of insurance, including health maintenance organizations and medical, surgical, hospital, dental, and optometric service plans, governed by Articles 65 through 67 of this Chapter. See North Carolina General Statutes 58-39-15
  • Insurance transaction: means any transaction involving insurance primarily for personal, family, or household needs rather than business or professional needs that entails:

    North Carolina General Statutes 58-39-15

  Previous section
Next section  
 Article 39 Contents