North Carolina Insurance License Defense Lawyer
North State Law helps North Carolina Insurance Professionals, including agents, brokers, limited representatives, and insurance providing entities, when they face licensing issues, probation, revocation, suspension, or disciplinary action from the North Carolina Department of Insurance.
In North Carolina, the regulation of Insurance agents, brokers, limited representatives, and insurance providing entities licensing is performed by the North Carolina Department of Insurance.
North Carolina General Statute Chapter 58, Artice 33 is the legislative document covering all insurance licensing matters in the State of North Carolina. North Carolina Administrative Code Title 11 also deals with insurance regulation within the State.
If you are a North Carolina Insurance Professional or Insurance Providing Entity and have received a letter of complaint from the Agent Services Division of the North Carolina Department of Insurance, you have the right to hire a Professional License Lawyer to help you navigate the investigation.
North State Law, led by attorney Nick Dowgul, focuses on representing North Carolina Professionals when they face licensing issues.
As a licensed professional himself, Dowgul understands that a license in good standing means the ability to get on with your business and provide for your loved ones. On the other side, investigations and the possibility of disciplinary action can render doubt about the future ahead.
If you choose to speak with or ultimately obtain legal counsel, it’s vital that you talk with someone who has experience protecting the licenses of North Carolina professionals.
Dowgul and North State Law have the experience and the legal resources to fight for you to protect your license to operate as an Insurance Professional in North Carolina.
North Carolina Insurance Types and License
North Carolina General Statue 58, Article 33 states the following in Subsection 5:
A person shall not sell, solicit, or negotiate insurance in this State unless the person is licensed for that kind of insurance in accordance with this Article.
NC G.S. 58, Article 33 Subsection 26 details the types of insurance. However, it’s important to note the date when the license was issued.
For New Licenses Issued BEFORE January 1, 2008 an agent or broker may be licensed for the following kinds of Insurance:
- Life and Health Insurance
- Property and Liability Insurance
- Personal Lines Insurance
- Medicare Supplement and Long Term Care Insurance
For New Licenses Issued AFTER January 1, 2008 an agent or broker may be licensed for the following kinds of Insurance:
- Accident Health or Sickness Insurance
- Casualty Insurance
- Limited Line Insurance
- Life Insurance
- Medicare Supplement and Long Term Care Insurance
- Personal Lines
- Variable Life and
- Variable Annuity
- Additional Types of Insurance Allowed by State Laws and Administrative Rules
You can view more about Insurance Types by viewing NC G.S. 58, Article 33-26.
What Happens When Someone Files A Complaint With The North Carolina Department of Insurance?
Complaints can be filed to the N.C. Department of Insurance by those within the Insurance Industry, clients of a particular agency or entity, or someone within the general public who has no affiliation with the accused party.
When a complaint is received, the individual or entity named in the complaint will receive a letter from the Agent Services Division of the North Carolina Department of Insurance.
However, a formal complaint is not required to receive a letter. The Agent Services Division may discover information on their own accord where they feel like an investigation into the matter is needed.
This letter will ask for a response to the complaint or allegations which is required. It’s not an item a Licensed Insurance Professional can ignore, and hope goes away.
What Should I Do If I Receive A Letter From the Agent Services Division of the North Carolina Department of Insurance?
If you have received a letter asking you to respond to a complaint, you likely feel stressed.
When you receive a complaint letter, we highly suggest contacting an attorney who has experience representing professionals in North Carolina in front of regulatory and State Licensing Boards.
Ultimately, contacting or hiring legal counsel is 100% up to you. However, by reaching out to an experienced attorney, you can share your concerns and ask questions about your specific situation.
While there may be endless information on the internet, it’s important to remember that your situation is unique. No amount of general information will cover your situation perfectly. A consultation with an experienced attorney will offer you an unbiased viewpoint void of emotions.
What you don’t want to do is fire off an emotionally charged response to the complaint. Your first response in this type of situation matters. At the least, clear your mind and choose your next steps carefully.
How Will A Lawyer Help Me If I Am Facing the Probation, Suspension, Revocation, or Denial Of Renewal of my North Carolina Insurance License?
Becoming emotional due to a complaint or general licensing issues is expected. Your ethics or fitness to operate within an industry is being questioned. People who have dedicated their lives to a particular career can begin to question their future and livelihood.
Hiring an experienced professional license lawyer gives you access to someone who knows the landscape, procedures, and processes of protecting an individual’s license.
Experience comes in handy when dealing with different levels of the situation. From the initial response to the complaint letter up to a hearing, if that is a necessary step in the process.
A lawyer plans your defense, helps craft responses, and helps prepare you for a possible hearing. While they’re in your corner and fighting for you, they provide an unbiased and honest view of what you’re facing.
Hiring a lawyer to defend your license is not required. If you decide to hire experienced counsel, you can do so at any stage. However, if you choose to hire a lawyer, it may be better to do so at the earliest stages.
Being hired at the earliest stage allows the lawyer to have ample time to build a defense and advise a client during early actions. If hired late in the process, the licensee may make previous mistakes the attorney can’t overcome.
What Type of Actions Can Lead to Insurance License Probation, Suspension, or Revocation in North Carolina?
North Carolina General Statute 58-33-46 covers the actions that can lead to the North Carolina Department of Insurance Commissioner placing an insurance license on probation, suspending, revoking, or refusing to renew. The actions include:
1) Providing materially incorrect, misleading, incomplete, or materially untrue information in the license application.
(2) Violating any insurance law of this or any other state, violating any administrative rule, subpoena, or order of the Commissioner or of another state’s insurance regulator, or violating any rule of the FINRA.
(3) Obtaining or attempting to obtain a license through misrepresentation or fraud.
(4) Improperly withholding, misappropriating, or converting any monies or properties received in the course of doing insurance business.
(5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
(6) Having been convicted of a felony or a misdemeanor involving dishonesty, a breach of trust, or moral turpitude.
(7) Having admitted or been found to have committed any insurance unfair trade practice or fraud.
(8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this State or elsewhere.
(9) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other jurisdiction for reasons substantially similar to those listed in this subsection.
(10) Forging another’s name to an application for insurance or to any document related to an insurance transaction.
(11) Willfully failing to provide the notification required by subsection (c) of this section.
(12) Knowingly accepting brokered insurance business from an individual who is not licensed to broker that kind of insurance.
(12a) Soliciting, negotiating, or selling insurance in this State for an unauthorized insurer, regardless of whether the licensee or applicant knew that the insurer was unauthorized. As used in this section, the terms “soliciting”, “negotiating”, and “selling” shall have the meaning of “solicit”, “negotiate”, and “sell”, respectively, set forth in G.S. 58-33-10.
(13) Failing to comply with an administrative or court order imposing a child support obligation, after entry of a final judgment or order finding the violation to have been willful.
(14) Failing to pay State income tax or comply with any administrative or court order directing payment of State income tax, after entry of a final judgment or order finding the violation to have been willful.
(15) Cheating on an examination for an insurance license or for a prelicensing or continuing education course, including improperly using notes or any other reference material to complete an examination for an insurance license or for a prelicensing or continuing education course.
(16) Willfully overinsuring property.
(17) Any cause for which issuance of the license could have been refused had it then existed and been known to the Commissioner at the time of issuance.
Contact North State Law Today
If you’re a North Carolina Insurance Professional facing a complaint or licensing issues from the Agent Services Division of the North Carolina Department of Insurance, contact Nick Dowgul of North State Law to discuss your situation.
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Additional North Carolina Insurance License Resources
North Carolina Department of Insurance Information
North Carolina Department of Insurance
325 N. Salisbury Street
Raleigh NC 27603
N.C. Department of Insurance
1201 Mail Service Center
Raleigh NC 27699