Validate Certain
Notarial Acts
(H 58) (SL 2003-38): This bill validates instruments that were
notarized by a notary public who was not properly qualified at the
time because of expiration of the qualifications or some other
problem after commission. Other errors in the notarization such
as recording the wrong date of the expiration of the notary=s
commission on an instrument are forgiven. This bill validates
notarial acts with these type of problems that were performed on
or before March 1, 2003. This act became effective when it was
signed into law on May 14, 2003.
Increase Damage
Limits for Motor Vehicle Accidents (H 358) (SL 2003-137): The dollar amount of damages
that are part of the classification for major, intermediate and
minor accidents are increased to $3000, $1,800 and less than
$1,800 respectively. This act becomes effective
January 1, 2004,
and applies to accidents occurring on or after that date.
Self-Insured
Localities
(S 647) (SL 2003-175): This bill gives authority statewide to
municipalities who create a self-funded risk program instead of
purchasing insurance for liability of governmental officers or
agents acting in the scope of their employment. The governing
body of the municipality must adopt a resolution that states that
the self-funded reserve is the same as purchase of insurance and
the extent to which the governmental immunity is waived. In no
case shall the governmental liability exceed the amount in the
reserve. Earlier session laws that governed individual
municipalities are repealed, however, the resolutions adopted
under those session laws remain valid if they comply with the
statutes as amended in this act. This act became effective June
12, 2003, when it became law.
Revised Uniform
Arbitration Act (S 716) (SL 2003-345): This bill repeals the current Article 45A of
Chapter 1 of the N.C. General Statutes and enacts Article 45C as
the Revised Uniform Arbitration Act. This bill governs all
aspects of arbitration proceedings. The bill sets out certain
provision of the statutes that may not be waived by agreement.
There is a new provision for consolidation of separate arbitration
proceedings. Also there is increased emphasis in the Revised
Uniform Arbitration Act for the arbitrator to disclose any bias
that may exist. The revised act also specifically states that
punitive damages may be awarded in arbitration proceedings.
The act becomes
effective January 1, 2004, and applies to agreements to arbitrate
made on or after that date. The parties who have previously
entered into agreements to arbitrate may agree to act under the
new law.
Prelitigation
Mediation of Insurance Claims (S 775) (SL 2003-307): This bill establishes a procedure for
requiring insurers to provide information on policy limits on
nonfleet private passenger automobile insurance. In order to
receive this information prior to litigation the person seeking
the information must give written consent to allow the insurer to
see the claimant=s
medical records for the three years prior to the incident, must
agree to participate in mediation and must submit a copy of the
accident report and a description of the events at issue. The
insurer must provide the policy limits within 30 days of receiving
the written documents outlined above. This bill does not apply to
medical malpractice cases.
