Key Takeaways

  • North Carolina prohibits unfair trade practices including misrepresentation, false advertising, and unfair claims practices
  • Rebating is generally prohibited in North Carolina, with limited exceptions
  • Twisting and churning are prohibited practices subject to license revocation and fines
  • Insurers must handle claims in good faith within specified timeframes
  • Unfair discrimination is prohibited in underwriting and rating
Last updated: January 2026

Unfair Trade Practices

North Carolina General Statutes Chapter 58 prohibits various unfair or deceptive practices in the insurance industry.

Misrepresentation

Producers and insurers are prohibited from:

False Statements

  • Making false statements about policy terms or benefits
  • Misrepresenting the financial condition of an insurer
  • Using misleading policy illustrations
  • Making false statements about competitors
  • Misrepresenting the nature of the insurance transaction

Examples of Misrepresentation

Prohibited StatementWhy It's Misrepresentation
"This policy covers everything"No policy covers all losses
"Your rates will never increase"Rates can and do change
"This company is the largest"If not true, it's false
"You must buy today"False urgency

False Advertising

North Carolina prohibits deceptive insurance advertising:

  • Ads must be truthful and not misleading
  • Must clearly identify as insurance advertisement
  • Cannot use testimonials that are not genuine
  • Cannot imply government endorsement
  • Must include insurer's name

Social Media Rules

  • Same standards apply to social media
  • Must be clear it's an advertisement
  • Cannot make claims that can't be substantiated
  • Producer must be identified

Rebating

Rebating is offering inducements not specified in the policy to purchase insurance:

What Is Prohibited

  • Returning part of premium to insured
  • Offering gifts or prizes of significant value
  • Paying for referrals to individuals
  • Sharing commission with non-licensed persons

Limited Exceptions

North Carolina allows:

  • Premium financing arrangements
  • Dividends specified in policy
  • Legitimate marketing items of nominal value (pens, calendars)
  • Group premium discounts

Exam Tip: Rebating is generally prohibited in North Carolina. Remember the limited exceptions for premium financing and nominal value items.

Twisting and Churning

Twisting

Making misrepresentations to induce replacement of existing insurance:

  • Falsely claiming existing policy is worthless
  • Misrepresenting surrender values
  • Hiding costs of replacement
  • Exaggerating benefits of new policy

Churning

Excessive replacement of policies to generate commissions:

  • Multiple replacements for same client
  • Pattern of replacements in book of business
  • Ignoring client's best interests
  • Creating new surrender charge periods

Penalties

ViolationPotential Penalty
First offenseWarning, fine, or suspension
Repeat offenseLicense revocation
Per violationSignificant fines
Consumer harmRestitution required

Unfair Claims Practices

North Carolina requires insurers to handle claims fairly and promptly:

Prohibited Practices

  • Misrepresenting policy provisions to claimants
  • Failing to acknowledge claims promptly
  • Failing to communicate claim decisions
  • Denying claims without reasonable investigation
  • Offering substantially less than reasonable value
  • Delaying payment to force settlement
  • Requiring excessive documentation

Claim Handling Standards

ActionStandard
Acknowledge claimPromptly
Investigate claimThoroughly and fairly
Communicate decisionsIn writing with explanation
Pay valid claimsWithout unreasonable delay

Bad Faith

If an insurer acts in bad faith, policyholders may recover:

  • Policy benefits owed
  • Consequential damages
  • Punitive damages in egregious cases
  • Attorney's fees

Unfair Discrimination

North Carolina prohibits unfair discrimination in insurance:

Prohibited Bases

ProtectedCannot Discriminate Based On
RaceProhibited
ReligionProhibited
National OriginProhibited
DisabilityWith limitations
Genetic InformationProhibited

What IS Permitted

Risk-based underwriting using:

  • Age
  • Health history
  • Claims history
  • Occupation (with limitations)
  • Lifestyle factors (smoking, hazardous activities)
Test Your Knowledge

Which of the following is generally PERMITTED in North Carolina insurance sales?

A
B
C
D
Test Your Knowledge

What is the practice of making misrepresentations to induce a policyholder to replace an existing policy called?

A
B
C
D