NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 866

HOUSE BILL 1177

 

 

AN ACT TO MAKE CERTAIN TECHNICAL AND CONFORMING AMENDMENTS RELATIVE TO THE MOTOR VEHICLE SAFETY AND FINANCIAL RESPONSIBILITY ACT OF 1953.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-279.21(b)(3), as the same appears in the 1975 Replacement Volume 1C of the General Statutes, is hereby amended by adding a new paragraph at the end thereof to read as follows: "For purposes of this section 'persons insured' means the named insured and, while resident of the same household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise, and any person who uses with the consent, expressed or implied, of the named insured, the motor vehicle to which the policy applies and a guest in such motor vehicle to which the policy applies or the personal representative of any of the above or any other person or persons in lawful possession of such motor vehicle."

Sec. 2.  G.S. 20-279.21(f)(1), as the same appears in the 1975 Replacement Volume 1C of the General Statutes, is hereby amended by deleting from the first sentence thereof the second comma and the following language between the first and second commas: "and with respect to policies of motor vehicle liability insurance written under the North Carolina assigned risk plan".

Sec. 3.  G.S. 20-279.21(f)(1), as the same appears in the 1975 Replacement Volume 1C of the General Statutes is further amended by rewriting the second sentence thereof to read as follows: "As to policies issued to insureds in this State under the assigned risk plan or through the North Carolina Motor Vehicle Reinsurance Facility, a default judgment taken against such an insured shall not be used as a basis for obtaining judgment against the insurer unless counsel for the plaintiff has forwarded to the insurer, or to one of its agents, by registered or certified mail with return receipt requested a copy of summons, complaint, or other pleadings, filed in the action."

Sec. 4.  G.S. 20-279.21(f)(1), as the same appears in the 1975 Replacement Volume 1C of the General Statutes, is further amended by deleting from the last paragraph therefrom, the words "assigned risk".

Sec. 5.  G.S. lB-3(e), as the same appears in the 1974 Cumulative Supplement to Volume 1B of the General Statutes, is hereby amended by deleting the period from the last sentence thereof and by adding the following "unless the judgment shall specifically provide otherwise."

Sec. 6.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of June, 1975.