A BILL TO BE ENTITLED
AN ACT to forbid Sovereign or governmental immunity nonwaiver endorsement in Insurance policies.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 3 of Chapter 58 of the General Statutes is amended by adding a new section to read:
"§ 58‑3‑280.  Prohibition on sovereign or governmental immunity nonwaiver endorsement.
(a)	Sovereign or governmental immunity nonwaiver endorsements are contrary to the public policies of the State and therefore shall not be attached or otherwise made a part of any contract of insurance made under a policy form issued and approved under this Chapter. For purposes of this section, "sovereign or governmental immunity nonwaiver endorsement" means any language or term in an insurance policy that excludes from coverage or limits the liability of the insurer for any occurrence or act which would have an exemption or be subject to sovereign or governmental immunity but for the purchase of the policy by the insured party.
(b)	The Commissioner of Insurance may promulgate any rules necessary to implement this section."
SECTION 2.  This act becomes effective October 1, 2009, and applies to any insurance policies issued or renewed after that date.