Bill Summary for S 270 (2021-2022)

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Summary date: 

Apr 22 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 270 (Public) Filed Thursday, March 11, 2021
AN ACT REVISING THE VERIFICATION OBLIGATIONS OF AN INSURER AND ITS AGENT WITH RESPECT TO RATE EVASION FRAUD; RECODIFYING CERTIFICATE OF INSURANCE PROVISIONS; AND ESTABLISHING A CIVIL PENALTY FOR THE FRAUDULENT PREPARATION, ISSUANCE, REQUESTING, OR REQUIREMENT OF A CERTIFICATE OF INSURANCE.
Intro. by Johnson.

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Bill summary

Senate committee substitute amends the 1st edition as follows. 

Amends the proposed changes to GS 58-2-164 regarding rate evasion fraud in auto insurance. Specifies that the insurer and its agent can satisfy the verification requirements for applicants under subdivision (c) by, within 10 business days of coverage binding (was within 30 days of coverage binding), obtaining from the applicant reliable proof of NC residency and the applicant's status as an eligible risk. Revises and adds to the proposed changes to the list of proof of residency and eligible risk status, of which two items are deemed reliable proof, an electronic utility bill accessed by the applicant (eliminating the proposed requirement that access must be made in the presence of the insurer or its agent), and proof of personal or real property taxes paid accessed electronically by the applicant that shows the applicant's current address (previously not specifically included).

Revises subsection (a) of GS 58-3-150, regarding certificates of insurance, recodified as subsection (a) of GS 58-3-149. Defines certificate of insurance as a document prepared or issued exclusively by an insurance company or licensed producer (was, prepared or issued by an insurance company or producer) used to verify or evidence the existence of property or casualty insurance coverage. Clarifies that the civil penalty set forth in new subsection (d) is limited to persons not otherwise subject to GS Chapter 58 regulation. Makes technical changes to restate existing law recodified by the act.