NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1072

HOUSE BILL 1004

 

 

AN ACT TO PROVIDE THAT NO INSURANCE COMPANY LICENSED TO DO AN INSURANCE BUSINESS IN THE STATE OF NORTH CAROLINA SHALL FAIL TO RENEW EXISTING POLICIES OF MOTOR VEHICLE LIABILITY INSURANCE SOLELY BECAUSE OF THE AGE OF THE INSURED.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 13 of Chapter 20 of the General Statutes of North Carolina is hereby amended by adding at the end thereof a new Section to be designated as "§ 20-310.2" and reading as follows:

"§ 20-310.2.  Motor Vehicle Liability Insurance; Companies May Not Fail to Renew Solely by Reason of Age; Penalties Provided. No insurance company licensed in this State to do a business of insurance, which is engaged in the writing of motor vehicle liability insurance, as the same is defined in G.S. 20-279.21, shall fail to renew any such existing policy of insurance solely because the insured has attained the age of 65 years or older.

"Whenever the Insurance Commissioner shall have reason to believe that any insurance company which is licensed to do a business of insurance in this State and is engaged in writing motor vehicle liability insurance has refused to renew policies of motor vehicle liability insurance solely because the applicant has reached the age of 65 years or older, he shall notify such company that it may be in violation of this Section, and, in his discretion he may require a hearing to determine whether or not such company has actually been engaged in the practice as aforesaid. Any hearing held under this Section shall in all respects comply with the hearing procedure provided in G.S. 58-54.6.

"If after such hearing the Commissioner shall determine that the company has engaged in the practice of systematically failing to renew policies of motor vehicle liability insurance because of the advanced age of the insureds, he shall reduce his findings to writing and shall issue and cause to be served upon the company charged with the violation an order requiring the company to cease and desist from engaging in such practices. After the issuance of such cease and desist order, if the Commissioner finds that the company has continued to engage in such practices, he shall impose upon such company a fine not to exceed the amount of one thousand dollars ($1,000.00) for each separate violation.

"Any company aggrieved by any order or decision of the North Carolina Commissioner of Insurance may appeal such order and decision to the Superior Court of Wake County in the same manner and under the same rules and provisions set forth in G.S. 58-9.3."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective on July 1, 1967.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.