North Carolina General Statutes 58-33-76. Referral of business to repair source; prohibitions
Terms Used In North Carolina General Statutes 58-33-76
- Adjuster: means any individual who, for salary, fee, commission, or other compensation of any nature, investigates or reports to his principal relative to claims arising under insurance contracts other than life or annuity. See North Carolina General Statutes 58-33-10
- Insurance: means any of the kinds of insurance in N. See North Carolina General Statutes 58-33-10
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- producer: includes an agent and a broker. See North Carolina General Statutes 58-33-10
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(a) No insurance company, insurance producer, adjuster or appraiser or any person employed to perform their service shall recommend the use of a particular service or source for the repair of property damage without clearly informing the claimant that the claimant is under no obligation to use the recommended repair service.
(b) No insurance company, insurance producer, adjuster or appraiser or any person employed to perform their service shall accept any gratuity or other form of remuneration from a repair service for recommending that repair service to a claimant. Provided, however, discounts agreed to by repair services shall not violate this section.
(c) Any person who violates this section is subject to the provisions of N.C. Gen. Stat. § 58-2-70 and N.C. Gen. Stat. § 58-33-46. (1991, c. 386, s. 1; 1993, c. 525, s. 1; 2001-203, s. 22; 2022-46, s. 13(a).)