§ 58‑36‑65. Classifications and Safe Driver Incentive Plan for nonfleet private passengermotor vehicle insurance.
(a) The Bureau shallfile, subject to review, modification, and promulgation by the Commissioner,such rate classifications, schedules, or rules that the Commissioner deems tobe desirable and equitable to classify drivers of nonfleet private passengermotor vehicles for insurance purposes. Subsequently, the Commissioner mayrequire the Bureau to file modifications of the classifications, schedules, orrules. If the Bureau does not file the modifications within a reasonable time,the Commissioner may promulgate the modifications. In promulgating or modifyingthese classifications, schedules, or rules, the Commissioner may giveconsideration to the following:
(1) Uses of vehicles,including without limitation to farm use, pleasure use, driving to and fromwork, and business use;
(2) Principal andoccasional operation of vehicles;
(3) Years of drivingexperience of insureds as licensed drivers;
(4) The characteristicsof vehicles; or
(5) Any other factors,not in conflict with any law, deemed by the Commissioner to be appropriate.
(b) The Bureau shallfile, subject to review, modification, and promulgation by the Commissioner, aSafe Driver Incentive Plan ("Plan") that adequately and factuallydistinguishes among various classes of drivers that have safe driving recordsand various classes of drivers that have a record of at‑fault accidents;a record of convictions of major moving traffic violations; a record ofconvictions of minor moving traffic violations; or a combination thereof; andthat provides for premium differentials among those classes of drivers.Subsequently, the Commissioner may require the Bureau to file modifications ofthe Plan. If the Bureau does not file the modifications within a reasonabletime, the Commissioner may promulgate the modifications. The Commissioner isauthorized to structure the Plan to provide for surcharges above and discountsbelow the rate otherwise charged.
(c) The classificationsand Plan filed by the Bureau shall be subject to the filing, hearing,modification, approval, disapproval, review, and appeal procedures provided bylaw; provided that the 210‑day disapproval period in G.S. 58‑36‑20(a)and the 50‑day deemer period in G.S. 58‑36‑20(b) do not applyto filings or modifications made under this section. The classifications orPlan filed by the Bureau and promulgated by the Commissioner shall of itselfnot be designed to bring about any increase or decrease in the overall ratelevel.
(d) Whenever any policyloses any safe driver discount provided by the Plan or is surcharged due to anaccumulation of points under the Plan, the insurer shall, pursuant to rulesadopted by the Commissioner, prior to or simultaneously with the billing foradditional premium, inform the named insured of the surcharge or loss ofdiscount by mailing to such insured a notice that states the basis for thesurcharge or loss of discount, and that advises that upon receipt of a writtenrequest from the named insured it will promptly mail to the named insured astatement of the amount of increased premium attributable to the surcharge orloss of discount. The statement of the basis of the surcharge or loss ofdiscount is privileged, and does not constitute grounds for any cause of actionfor defamation or invasion of privacy against the insurer or itsrepresentatives, or against any person who furnishes to the insurer theinformation upon which the insurer's reasons are based, unless the statement orfurnishing of information is made with malice or in bad faith.
(e) Records ofconvictions for moving traffic violations to be considered under this sectionshall be obtained at least annually from the Division of Motor Vehicles andapplied by the Bureau's member companies in accordance with rules to beestablished by the Bureau.
(f) The Bureau isauthorized to establish reasonable rules providing for the exchange ofinformation among its member companies as to chargeable accidents and similarinformation involving persons to be insured under policies. Neither the Bureau,any employee of the Bureau, nor any company or individual serving on anycommittee of the Bureau has any liability for defamation or invasion of privacyto any person arising out of the adoption, implementation, or enforcement ofany such rule. No insurer or individual requesting, furnishing, or otherwiseusing any information that such insurer or person reasonably believes to be forpurposes authorized by this section has any liability for defamation orinvasion of privacy to any person on account of any such requesting,furnishing, or use. The immunity provided by this subsection does not apply toany acts made with malice or in bad faith.
(g) If an applicant forthe issuance or renewal of a nonfleet private passenger motor vehicle insurancepolicy knowingly makes a material misrepresentation of the years of drivingexperience or the driving record of any named insured or of any other operatorwho resides in the same household and who customarily operates a motor vehicleto be insured under the policy, the insurer may:
(1) Cancel or refuse torenew the policy;
(2) Surcharge the policyin accordance with rules to be adopted by the Bureau and approved by theCommissioner; or
(3) Recover from theapplicant the appropriate amount of premium or surcharge that would have beencollected by the insurer had the applicant furnished the correct information.
(h) If an insureddisputes his insurer's determination that the operator of an insured vehiclewas at fault in an accident, such dispute shall be resolved pursuant to G.S. 58‑36‑1(2),unless there has been an adjudication or admission of negligence of suchoperator.
(i) As used in thissection, "conviction" means a conviction as defined in G.S. 20‑279.1and means an infraction as defined in G.S. 14‑3.1.
(j) Subclassificationplan surcharges shall be applied to a policy for a period of not less nor morethan three policy years.
(k) Thesubclassification plan may provide for premium surcharges for insureds havingless than three years' driving experience as licensed drivers.
(l) Except as providedin G.S. 58‑36‑30(d), no classification or subclassification planfor nonfleet private passenger motor vehicle insurance shall be based, in wholeor in part, directly or indirectly, upon the age or gender of insureds.
(m) Notwithstanding anyother provision of law, with respect to motorcycle insurance under thejurisdiction of the Bureau, any member of the Bureau may apply for and use inthis State, subject to the Commissioner's approval, a downward deviation in therates of insureds who show proof of satisfactory completion of the MotorcycleSafety Instruction Program. (1985 (Reg. Sess., 1986), c. 1027, s. 1; 1987, c. 864,ss. 28, 33; c. 869, s. 9; 1987 (Reg. Sess., 1988), c. 975, ss. 4, 5; 1989, c.755, s. 3; 1993, c. 320, s. 5; 2002‑187, s. 4.3.)
§ 58‑36‑65. Classifications and Safe Driver Incentive Plan for nonfleet private passengermotor vehicle insurance.
(a) The Bureau shallfile, subject to review, modification, and promulgation by the Commissioner,such rate classifications, schedules, or rules that the Commissioner deems tobe desirable and equitable to classify drivers of nonfleet private passengermotor vehicles for insurance purposes. Subsequently, the Commissioner mayrequire the Bureau to file modifications of the classifications, schedules, orrules. If the Bureau does not file the modifications within a reasonable time,the Commissioner may promulgate the modifications. In promulgating or modifyingthese classifications, schedules, or rules, the Commissioner may giveconsideration to the following:
(1) Uses of vehicles,including without limitation to farm use, pleasure use, driving to and fromwork, and business use;
(2) Principal andoccasional operation of vehicles;
(3) Years of drivingexperience of insureds as licensed drivers;
(4) The characteristicsof vehicles; or
(5) Any other factors,not in conflict with any law, deemed by the Commissioner to be appropriate.
(b) The Bureau shallfile, subject to review, modification, and promulgation by the Commissioner, aSafe Driver Incentive Plan ("Plan") that adequately and factuallydistinguishes among various classes of drivers that have safe driving recordsand various classes of drivers that have a record of at‑fault accidents;a record of convictions of major moving traffic violations; a record ofconvictions of minor moving traffic violations; or a combination thereof; andthat provides for premium differentials among those classes of drivers.Subsequently, the Commissioner may require the Bureau to file modifications ofthe Plan. If the Bureau does not file the modifications within a reasonabletime, the Commissioner may promulgate the modifications. The Commissioner isauthorized to structure the Plan to provide for surcharges above and discountsbelow the rate otherwise charged.
(c) The classificationsand Plan filed by the Bureau shall be subject to the filing, hearing,modification, approval, disapproval, review, and appeal procedures provided bylaw; provided that the 210‑day disapproval period in G.S. 58‑36‑20(a)and the 50‑day deemer period in G.S. 58‑36‑20(b) do not applyto filings or modifications made under this section. The classifications orPlan filed by the Bureau and promulgated by the Commissioner shall of itselfnot be designed to bring about any increase or decrease in the overall ratelevel.
(d) Whenever any policyloses any safe driver discount provided by the Plan or is surcharged due to anaccumulation of points under the Plan, the insurer shall, pursuant to rulesadopted by the Commissioner, prior to or simultaneously with the billing foradditional premium, inform the named insured of the surcharge or loss ofdiscount by mailing to such insured a notice that states the basis for thesurcharge or loss of discount, and that advises that upon receipt of a writtenrequest from the named insured it will promptly mail to the named insured astatement of the amount of increased premium attributable to the surcharge orloss of discount. The statement of the basis of the surcharge or loss ofdiscount is privileged, and does not constitute grounds for any cause of actionfor defamation or invasion of privacy against the insurer or itsrepresentatives, or against any person who furnishes to the insurer theinformation upon which the insurer's reasons are based, unless the statement orfurnishing of information is made with malice or in bad faith.
(e) Records ofconvictions for moving traffic violations to be considered under this sectionshall be obtained at least annually from the Division of Motor Vehicles andapplied by the Bureau's member companies in accordance with rules to beestablished by the Bureau.
(f) The Bureau isauthorized to establish reasonable rules providing for the exchange ofinformation among its member companies as to chargeable accidents and similarinformation involving persons to be insured under policies. Neither the Bureau,any employee of the Bureau, nor any company or individual serving on anycommittee of the Bureau has any liability for defamation or invasion of privacyto any person arising out of the adoption, implementation, or enforcement ofany such rule. No insurer or individual requesting, furnishing, or otherwiseusing any information that such insurer or person reasonably believes to be forpurposes authorized by this section has any liability for defamation orinvasion of privacy to any person on account of any such requesting,furnishing, or use. The immunity provided by this subsection does not apply toany acts made with malice or in bad faith.
(g) If an applicant forthe issuance or renewal of a nonfleet private passenger motor vehicle insurancepolicy knowingly makes a material misrepresentation of the years of drivingexperience or the driving record of any named insured or of any other operatorwho resides in the same household and who customarily operates a motor vehicleto be insured under the policy, the insurer may:
(1) Cancel or refuse torenew the policy;
(2) Surcharge the policyin accordance with rules to be adopted by the Bureau and approved by theCommissioner; or
(3) Recover from theapplicant the appropriate amount of premium or surcharge that would have beencollected by the insurer had the applicant furnished the correct information.
(h) If an insureddisputes his insurer's determination that the operator of an insured vehiclewas at fault in an accident, such dispute shall be resolved pursuant to G.S. 58‑36‑1(2),unless there has been an adjudication or admission of negligence of suchoperator.
(i) As used in thissection, "conviction" means a conviction as defined in G.S. 20‑279.1and means an infraction as defined in G.S. 14‑3.1.
(j) Subclassificationplan surcharges shall be applied to a policy for a period of not less nor morethan three policy years.
(k) Thesubclassification plan may provide for premium surcharges for insureds havingless than three years' driving experience as licensed drivers.
(l) Except as providedin G.S. 58‑36‑30(d), no classification or subclassification planfor nonfleet private passenger motor vehicle insurance shall be based, in wholeor in part, directly or indirectly, upon the age or gender of insureds.
(m) Notwithstanding anyother provision of law, with respect to motorcycle insurance under thejurisdiction of the Bureau, any member of the Bureau may apply for and use inthis State, subject to the Commissioner's approval, a downward deviation in therates of insureds who show proof of satisfactory completion of the MotorcycleSafety Instruction Program. (1985 (Reg. Sess., 1986), c. 1027, s. 1; 1987, c. 864,ss. 28, 33; c. 869, s. 9; 1987 (Reg. Sess., 1988), c. 975, ss. 4, 5; 1989, c.755, s. 3; 1993, c. 320, s. 5; 2002‑187, s. 4.3.)
§ 58‑36‑65. Classifications and Safe Driver Incentive Plan for nonfleet private passengermotor vehicle insurance.
(a) The Bureau shallfile, subject to review, modification, and promulgation by the Commissioner,such rate classifications, schedules, or rules that the Commissioner deems tobe desirable and equitable to classify drivers of nonfleet private passengermotor vehicles for insurance purposes. Subsequently, the Commissioner mayrequire the Bureau to file modifications of the classifications, schedules, orrules. If the Bureau does not file the modifications within a reasonable time,the Commissioner may promulgate the modifications. In promulgating or modifyingthese classifications, schedules, or rules, the Commissioner may giveconsideration to the following:
(1) Uses of vehicles,including without limitation to farm use, pleasure use, driving to and fromwork, and business use;
(2) Principal andoccasional operation of vehicles;
(3) Years of drivingexperience of insureds as licensed drivers;
(4) The characteristicsof vehicles; or
(5) Any other factors,not in conflict with any law, deemed by the Commissioner to be appropriate.
(b) The Bureau shallfile, subject to review, modification, and promulgation by the Commissioner, aSafe Driver Incentive Plan ("Plan") that adequately and factuallydistinguishes among various classes of drivers that have safe driving recordsand various classes of drivers that have a record of at‑fault accidents;a record of convictions of major moving traffic violations; a record ofconvictions of minor moving traffic violations; or a combination thereof; andthat provides for premium differentials among those classes of drivers.Subsequently, the Commissioner may require the Bureau to file modifications ofthe Plan. If the Bureau does not file the modifications within a reasonabletime, the Commissioner may promulgate the modifications. The Commissioner isauthorized to structure the Plan to provide for surcharges above and discountsbelow the rate otherwise charged.
(c) The classificationsand Plan filed by the Bureau shall be subject to the filing, hearing,modification, approval, disapproval, review, and appeal procedures provided bylaw; provided that the 210‑day disapproval period in G.S. 58‑36‑20(a)and the 50‑day deemer period in G.S. 58‑36‑20(b) do not applyto filings or modifications made under this section. The classifications orPlan filed by the Bureau and promulgated by the Commissioner shall of itselfnot be designed to bring about any increase or decrease in the overall ratelevel.
(d) Whenever any policyloses any safe driver discount provided by the Plan or is surcharged due to anaccumulation of points under the Plan, the insurer shall, pursuant to rulesadopted by the Commissioner, prior to or simultaneously with the billing foradditional premium, inform the named insured of the surcharge or loss ofdiscount by mailing to such insured a notice that states the basis for thesurcharge or loss of discount, and that advises that upon receipt of a writtenrequest from the named insured it will promptly mail to the named insured astatement of the amount of increased premium attributable to the surcharge orloss of discount. The statement of the basis of the surcharge or loss ofdiscount is privileged, and does not constitute grounds for any cause of actionfor defamation or invasion of privacy against the insurer or itsrepresentatives, or against any person who furnishes to the insurer theinformation upon which the insurer's reasons are based, unless the statement orfurnishing of information is made with malice or in bad faith.
(e) Records ofconvictions for moving traffic violations to be considered under this sectionshall be obtained at least annually from the Division of Motor Vehicles andapplied by the Bureau's member companies in accordance with rules to beestablished by the Bureau.
(f) The Bureau isauthorized to establish reasonable rules providing for the exchange ofinformation among its member companies as to chargeable accidents and similarinformation involving persons to be insured under policies. Neither the Bureau,any employee of the Bureau, nor any company or individual serving on anycommittee of the Bureau has any liability for defamation or invasion of privacyto any person arising out of the adoption, implementation, or enforcement ofany such rule. No insurer or individual requesting, furnishing, or otherwiseusing any information that such insurer or person reasonably believes to be forpurposes authorized by this section has any liability for defamation orinvasion of privacy to any person on account of any such requesting,furnishing, or use. The immunity provided by this subsection does not apply toany acts made with malice or in bad faith.
(g) If an applicant forthe issuance or renewal of a nonfleet private passenger motor vehicle insurancepolicy knowingly makes a material misrepresentation of the years of drivingexperience or the driving record of any named insured or of any other operatorwho resides in the same household and who customarily operates a motor vehicleto be insured under the policy, the insurer may:
(1) Cancel or refuse torenew the policy;
(2) Surcharge the policyin accordance with rules to be adopted by the Bureau and approved by theCommissioner; or
(3) Recover from theapplicant the appropriate amount of premium or surcharge that would have beencollected by the insurer had the applicant furnished the correct information.
(h) If an insureddisputes his insurer's determination that the operator of an insured vehiclewas at fault in an accident, such dispute shall be resolved pursuant to G.S. 58‑36‑1(2),unless there has been an adjudication or admission of negligence of suchoperator.
(i) As used in thissection, "conviction" means a conviction as defined in G.S. 20‑279.1and means an infraction as defined in G.S. 14‑3.1.
(j) Subclassificationplan surcharges shall be applied to a policy for a period of not less nor morethan three policy years.
(k) Thesubclassification plan may provide for premium surcharges for insureds havingless than three years' driving experience as licensed drivers.
(l) Except as providedin G.S. 58‑36‑30(d), no classification or subclassification planfor nonfleet private passenger motor vehicle insurance shall be based, in wholeor in part, directly or indirectly, upon the age or gender of insureds.
(m) Notwithstanding anyother provision of law, with respect to motorcycle insurance under thejurisdiction of the Bureau, any member of the Bureau may apply for and use inthis State, subject to the Commissioner's approval, a downward deviation in therates of insureds who show proof of satisfactory completion of the MotorcycleSafety Instruction Program. (1985 (Reg. Sess., 1986), c. 1027, s. 1; 1987, c. 864,ss. 28, 33; c. 869, s. 9; 1987 (Reg. Sess., 1988), c. 975, ss. 4, 5; 1989, c.755, s. 3; 1993, c. 320, s. 5; 2002‑187, s. 4.3.)
