§ 58-33-56. Notification to Commissioner of termination.
§ 58‑33‑56. Notification to Commissioner of termination.
(a) An insurer orauthorized representative of the insurer that terminates the appointment,employment, contract, or other insurance business relationship with a producershall notify the Commissioner within 30 days after the effective date of thetermination, using a form prescribed by the Commissioner, if the reason fortermination is for or related to one of the causes listed in G.S. 58‑33‑46(a)or the insurer has knowledge the producer was found by a court, governmentbody, or self‑regulatory organization authorized by law to have engagedin any of the activities in G.S. 58‑33‑46(a). Upon the writtenrequest of the Commissioner, the insurer shall provide additional information,documents, records, or other data pertaining to the termination or activity ofthe producer.
(b) An insurer orauthorized representative of the insurer that terminates the appointment,employment, or contract with a producer for any reason that is not for orrelated to one of the causes listed in G.S. 58‑33‑46(a) shallnotify the Commissioner within 30 days after the effective date of thetermination, using a form prescribed by the Commissioner. Upon written requestof the Commissioner, the insurer shall provide additional information,documents, records, or other data pertaining to the termination.
(c) The insurer or theauthorized representative of the insurer shall promptly notify the Commissionerin a form acceptable to the Commissioner if, upon further review or investigation,the insurer discovers additional information that would have been reportable tothe Commissioner in accordance with subsection (a) of this section had theinsurer then known of its existence.
(d) Within 15 daysafter making the notification required by subsections (a), (b), and (c) of thissection, the insurer shall mail a copy of the notification to the producer atthe producer's last known address. If the producer is terminated for cause forany of the reasons listed in G.S. 58‑33‑46(a), the insurer shallprovide a copy of the notification to the producer at the producer's last knownaddress by certified mail, return receipt requested, postage prepaid, or byovernight delivery using a nationally recognized carrier.
(e) Within 30 daysafter the producer has received the original or additional notification, theproducer may file written comments concerning the substance of the notificationwith the Commissioner. The producer shall, by the same means, simultaneouslysend a copy of the comments to the reporting insurer, and the comments shallbecome a part of the Commissioner's file and accompany every copy of a reportdistributed or disclosed for any reason about the producer as permitted undersubsection (h) of this section.
(f) In the absence ofactual malice, neither an insurer, the authorized representative of theinsurer, a producer, the Commissioner, an organization of which theCommissioner is a member, nor the respective employees and agents of suchpersons acting on behalf of such persons shall be subject to civil liability asa result of any statement or information provided pursuant to this section.
(g) In any actionbrought against a person that may have immunity under subsection (f) of thissection for making any statement required by this section or for providing anyinformation relating to any statement that may be requested by theCommissioner, the party bringing the action shall plead specifically in anyallegation that subsection (f) of this section does not apply because theperson making the statement or providing the information did so with actualmalice. Subsections (f) and (g) of this section do not abrogate or modify anyexisting statutory or common law privileges or immunities.
(h) Notwithstanding anyother provision of this Chapter, any documents, materials, or other informationin the control or possession of the Commissioner or any organization of whichthe Commissioner is a member that is (i) furnished by an insurer, producer, oran employee or agent thereof acting on behalf of the insurer or producer underthis section, or (ii) obtained by the Commissioner in an investigation underthis section shall be confidential by law and privileged, shall not be subjectto or public records under G.S. 58‑2‑100 or Chapter 132 of theGeneral Statutes, shall not be subject to subpoena, and shall not be subject todiscovery in any civil action other than a proceeding brought by theCommissioner against a person to whom such documents, materials, or otherinformation relate. However, the Commissioner is authorized to use thedocuments, materials, or other information in the furtherance of any regulatoryor legal action brought as a part of the Commissioner's duties. Neither theCommissioner nor any person who received documents, materials, or other informationwhile acting under the authority of the Commissioner shall be permitted orrequired to testify in any civil action other than a proceeding brought by theCommissioner against a person to whom such documents, materials, or otherinformation relate concerning any such documents, materials, or information.
(i) In order to assistin the performance of the Commissioner's duties under this Article, theCommissioner may:
(1) Share documents,materials, or other information, including the confidential documents,materials, or information described in this section, with other state, federal,and international regulatory agencies, with the NAIC, its affiliates orsubsidiaries, and with state, federal, and international law enforcementauthorities. The Commissioner may condition such sharing on an agreement by therecipient to maintain the confidentiality and privileged status of thedocument, material, or other information;
(2) Receive documents,materials, or information, including otherwise confidential and privilegeddocuments, materials, or information from other state, federal, andinternational regulatory agencies, from the NAIC, its affiliates orsubsidiaries, and from state, federal, and international law enforcementauthorities, and may agree to maintain the confidential and privileged statusof the document, material, or other information received under the laws of thejurisdiction that is the source of the document, material, or information; and
(3) Enter intoagreements governing sharing and use of information consistent with thissubsection.
(j) No waiver of anyapplicable privilege or claim of confidentiality in the documents, materials,or information shall occur as a result of disclosure to the Commissioner underthis section or as a result of sharing as authorized in subsection (i) of thissection.
(k) Nothing in thisArticle prohibits the Commissioner from releasing final, adjudicated actionsincluding for cause terminations that are open to public inspection under G.S.58‑2‑100, to a database or other clearinghouse service maintainedby the NAIC, its affiliates, or subsidiaries of the NAIC.
(l) An insurer, theauthorized representative of the insurer, or producer that fails to report asrequired under this section or that is found to have reported with actualmalice by a court of competent jurisdiction may, after notice and hearing, haveits license suspended or revoked and may be fined in accordance with G.S. 58‑2‑70.(2001‑203,s. 18.)