Bill Summary for S 100 (2017-2018)

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Summary date: 

Feb 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 100 (Public) Filed Wednesday, February 15, 2017
AN ACT TO REQUIRE AERIAL ADVENTURE PARKS TO MAINTAIN CERTAIN MINIMUM INSURANCE COVERAGES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON REGULATORY AND RATE ISSUES IN INSURANCE.
Intro. by Lee, Meredith, Ford.

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Bill summary

Enacts new Article 47 in GS Chapter 66, titled Zip Line and Challenge Course Financial Responsibility. Sets out definitions for use in the article, including aerial adventure park, canopy tour, challenge course, commissioner, owner, person, zip line, and zip line tour. Requires an owner of an aerial adventure park, canopy tour, challenge course, zip line tour, zip line, or similar device to obtain coverage of at least $1 million per occurrence and $2 million in the aggregate against liability for injury to persons or property arising out of the operation or use of a device subject to this act. Requires the insurer or surety to be acceptable to the Commissioner of Insurance (Commissioner) and approved to do business in North Carolina. Prohibits any per person sublimits to liability from being included in the coverage. Authorizes the Commissioner to require proof of the required insurance for operation. Provides that the Commissioner cannot accept any commercial general liability insurance policy unless it obligates the insurer to give written notice to the insured at least 30 days before any proposed cancellation, suspension, or renewal of the policy. Requires owners or agents to immediately notify the Commissioner upon receipt or notice of cancellation, suspension, or nonrenewal of the policy. Provides that this new article does not apply to any zip line, aerial adventure park, canopy tour, challenge course, or other similar devices (1) installed at a private residence not open to the public and for which no fee is charged or (2) operated by a government entity solely for law enforcement or military training purposes. Effective June 1, 2018.

Directs the Department of Insurance to adopt permanent rules, and allows the adoption of temporary rules, to implement this act. Requires permanent rules and any temporary rules to be proposed no later than January 15, 2018.