Key Takeaways

  • North Carolina commercial property insurance uses file and use rate regulation for most lines
  • Commercial policies must disclose terrorism coverage options under TRIA
  • North Carolina allows surplus lines placement after diligent search of admitted market
  • Surplus lines tax in North Carolina is 5% of premium
  • Business interruption and extra expense coverage follow standard commercial forms
Last updated: January 2026

North Carolina Commercial Property Insurance

North Carolina regulates commercial property insurance with specific requirements for rates, surplus lines, and coverage availability.

Rate Regulation

North Carolina uses file and use for most commercial property insurance:

  • Rates filed with NCDOI
  • May be used upon filing
  • Subject to NCDOI review after implementation
  • Must not be excessive, inadequate, or unfairly discriminatory

Commercial Rate Filing

RequirementDetails
FilingRequired before use
ApprovalNot required before use (file and use)
ReviewNCDOI reviews after implementation
DisapprovalNCDOI can disapprove after review

Terrorism Insurance

TRIA (Terrorism Risk Insurance Act)

  • Federal program providing terrorism insurance backstop
  • North Carolina insurers must offer terrorism coverage
  • Policyholder can accept or reject terrorism coverage
  • Disclosure of coverage terms required

Required Disclosures

  • Coverage limits for terrorism
  • Premium for terrorism coverage
  • Right to accept or reject
  • Exclusions and limitations

Commercial Property Coverage

North Carolina commercial property follows standard forms:

Coverage Types

CoverageDescription
BuildingStructure and permanently attached items
Business Personal PropertyContents, inventory, equipment
Business IncomeLost income during restoration
Extra ExpenseAdditional costs to continue operations

Surplus Lines Insurance

North Carolina allows surplus lines insurance for risks not available in the admitted market:

Surplus Lines Requirements

RequirementDetails
Diligent SearchMust attempt to place with admitted insurers
Surplus Lines LicenseeMust use licensed surplus lines agent
Surplus Lines Tax5% of premium
Stamping OfficeNC Surplus Lines Association
DisclosureMust disclose surplus lines status to insured

Exempt Commercial Purchasers

Certain large commercial purchasers may be exempt from diligent search:

  • Net worth over $20 million, OR
  • Annual revenues over $50 million, OR
  • Other qualifying criteria

Surplus Lines Eligibility

To place coverage in surplus lines market:

  1. Risk not available from admitted insurers
  2. Diligent search documented (unless exempt)
  3. Surplus lines insurer on approved list
  4. Licensed surplus lines agent handles transaction
  5. 5% tax collected and remitted

Business Interruption Insurance

North Carolina commercial policies include business interruption provisions:

Key Provisions

  • Coverage for lost income during restoration period
  • Waiting period typically 72 hours
  • Period of restoration clearly defined
  • Extended period of indemnity available
  • Civil authority coverage for government-ordered closures

Extra Expense Coverage

  • Covers costs to continue operations during restoration
  • Separate limit from business interruption
  • Examples: temporary location, expedited repairs

Builders Risk

North Carolina builders risk insurance:

  • Covers buildings under construction
  • Available on completed value or reporting form
  • Theft coverage may require endorsement
  • Transit coverage for materials available
Test Your Knowledge

What is the North Carolina surplus lines tax rate?

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Test Your Knowledge

What rate system does North Carolina use for most commercial property insurance?

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