North Carolina General Statutes 58-33-18. Limited license for self-service storage companies
(a) As used in this section:
(1) “Limited licensee” means a person authorized to sell certain coverages relating to the rental of self-service storage units pursuant to the provisions of this section and Article 39 of Chapter 66 of the N.C. Gen. Stat..
Terms Used In North Carolina General Statutes 58-33-18
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agent: means a person licensed to solicit applications for, or to negotiate a policy of, insurance. See North Carolina General Statutes 58-33-10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Insurance: means any of the kinds of insurance in N. See North Carolina General Statutes 58-33-10
- License: means a document issued by the Commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See North Carolina General Statutes 58-33-10
- Person: means an individual or a business entity, but does not mean a county, city, or other political subdivision of the State of North Carolina. See North Carolina General Statutes 58-33-10
- Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See North Carolina General Statutes 58-33-10
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Rental agreement” means any written agreement setting forth the terms and conditions governing the use of a storage unit provided by the owner of a self-service storage facility company.
(3) “Self-service storage company” means any person in the business of renting storage units to the public.
(4) “Renter” or “occupant” means any person obtaining the use of a storage unit from a self-service storage company under the terms of a rental agreement.
(5) “Storage unit” means a semienclosed or fully enclosed area, room, or space that is primarily intended for the storage of personal property and which shall be accessible by the renter of the unit pursuant to the terms of the rental agreement.
(b) The Commissioner may issue to a self-service storage company, or to a franchisee of a self-service storage company, that has complied with the requirements of this section a limited license authorizing the licensee, known as a “limited licensee” for the purpose of this Article, to act as agent, with reference to the kinds of insurance specified in this section of any insurer authorized to write such kinds of insurance in this State.
(c) The prerequisites for issuance of a limited license under this section are the filing with the Commissioner of the following:
(1) A written application, signed by an officer of the applicant, for the limited license in such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe; and
(2) A certificate by the insurer that is to be named in such limited license, stating that it has satisfied itself that the named applicant is trustworthy and competent to act as its agent for this limited purpose and that the insurer will appoint such applicant to act as the agent in reference to the doing of such kind or kinds of insurance as are permitted by this section if the limited license applied for is issued by the Commissioner. Such certificate shall be subscribed by an officer or managing agent of such insurer and affirmed as true under the penalties of perjury.
(d) In the event that any provision of this section is violated by a limited licensee, the Commissioner may:
(1) Revoke or suspend a limited license issued under this section in accordance with the provisions of N.C. Gen. Stat. § 58-33-46; or
(2) After notice and hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this Article have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this section.
(e) The self-service storage company or franchisee licensed pursuant to subsection (b) of this section may act as agent for an authorized insurer only in connection with the rental of storage units and only with respect to the following kinds of insurance:
(1) Personal effects insurance that provides coverage to renters of storage units at the same facility for the loss of, or damage to, personal effects that occurs at the same facility during the rental period; or
(2) Any other coverage that the Commissioner may approve as meaningful and appropriate in connection with the rental of storage units.
(f) No insurance may be issued pursuant to this section unless:
(1) The rental period of the rental agreement does not exceed two years; and
(2) At every self-service storage location where self-service storage agreements are executed, brochures or other written materials are readily available to the prospective renter that:
a. Summarize, clearly and correctly, the material terms of insurance coverage, including the identity of the insurer, offered to renters;
b. Disclose that these policies offered by the self-service storage company may provide a duplication of coverage already provided by a renter’s homeowners’ insurance policy, personal liability insurance policy, or other source of coverage;
c. State that the purchase by the renter of the kinds of insurance specified in this section is not required in order to rent a storage unit;
d. Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; and
e. Contain any additional information on the price, benefits, exclusions, conditions, or other limitations of such policies as the Commissioner may by regulation prescribe; and
(3) Evidence of coverage is provided to every renter who elects to purchase such coverage.
(g) Any limited license issued under this section shall also authorize any employee of the licensee who is trained, pursuant to subsection (h) of this section, to act individually on behalf, and under the supervision, of the licensee with respect to the kinds of insurance specified in this section.
(h) Each self-service storage company or franchisee licensed pursuant to this section shall conduct a training program which shall be submitted to the Commissioner for approval prior to use and which shall meet the following minimum standards:
(1) Each trainee shall receive basic instruction about the kinds of insurance specified in this section offered for purchase by prospective renters of storage units;
(2) Each trainee shall be instructed to acknowledge to a prospective renter of a storage unit that purchase of any such insurance specified in this section is not required in order for the renter to rent a storage unit; and
(3) Each trainee shall be instructed to acknowledge to a prospective renter of a storage unit that the renter may have insurance policies that already provide the coverage being offered by the self-service storage company pursuant to this section.
(i) Limited licensees acting pursuant to and under the authority of this section shall comply with all applicable provisions of this Article, except that notwithstanding any other provision of this Article, or any rule adopted by the Commissioner, a limited licensee pursuant to this section shall not be required to treat premiums collected from renters purchasing such insurance when renting storage units as funds received in a fiduciary capacity, provided that:
(1) The insurer represented by the limited licensee has consented in writing, signed by the insurer’s officer, that premiums need not be segregated from funds received by the self-service storage company on account of storage unit rental; and
(2) The charges for insurance coverage are itemized but not billed to the renter separately from the charges for storage units.
(j) No limited licensee under this section shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurance producers. No renter or occupant may be required to obtain insurance under this section as a condition of obtaining a rental agreement for a storage unit. The renter shall be informed that the insurance offered under this section is not required as a condition for obtaining a rental agreement for a storage unit. (2003-290, s. 5; 2022-46, s. 13(a).)