(a)        There is no liability on the part of and no cause of action for defamation or invasion of privacy arises against any insurer or its authorized representatives, agents, or employees, or any licensed insurance producer, for any communication or statement made, unless shown to have been made in bad faith with malice, in any of the following:

(1)        A written notice of cancellation under N.C. Gen. Stat. § 58-41-15 or of nonrenewal under N.C. Gen. Stat. § 58-41-20, specifying the reasons for cancellation.

(2)        Communications providing information pertaining to the cancellation or nonrenewal.

(3)        Evidence submitted at any court proceeding, administrative hearing, or informal inquiry in which the cancellation or nonrenewal is an issue.

(b)        With respect to the notices that must be given or mailed to insurance producers under N.C. Gen. Stat. § 58-41-15, 58-41-20, and 58-41-25, the insurer may give or mail that notice at the same time or prior to giving or mailing the notice to the insured. ?(1985 (Reg. Sess., 1986), c. 1027, s. 14; 1987 (Reg. Sess., 1988), c. 975, s. 31; 1999-219, s. 9.1; 2022-46, s. 14(ccc).)

Terms Used In North Carolina General Statutes 58-41-40

  • 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
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