2005 North Carolina Code - General Statutes § 58-38-30. Filing requirements; duties of the Commissioner.

§ 58‑38‑30.  Filing requirements; duties of the Commissioner.

(a)       No insurer may make, issue, amend, or renew any insurance policy or contract after the dates specified in G.S. 58‑38‑35 for the applicable type of insurance unless the policy is in compliance with the provisions of G.S. 58‑38‑20 and G.S. 58‑38‑25 and unless the policy is filed with the Commissioner for his approval. The policy will be deemed approved 90 days after filing unless disapproved within the 90‑day period. The Commissioner may not unreasonably withhold his approval. Any disapproval must be delivered to the insurer in writing and must state the grounds for disapproval. Any policy filed with the Commissioner must be accompanied by a certified Flesch scale readability analysis and test score and by the insurer's certification that the policy is, in the insurer's judgment, readable based on the factors specified in G.S. 58‑38‑20 and G.S. 58‑38‑25.

(b)       The Commissioner must disapprove any policy covered by subsection (a) of this section if he finds that:

(1)       It is not accompanied by a certified Flesch scale analysis readability score of 50 or more.

(2)       It is not accompanied by the insurer's certification that the policy is, in the judgment of the insurer, readable under the standards of this Article; or

(3)       It does not comply with the format requirements of G.S. 58‑38‑20. (1979, c. 755, s. 1; 1979, 2nd Sess., c. 1161, s. 2.)