The failure of an insurance company is administered differently than other business bankruptcies. This is because insurance is regulated by the states and failures are not governed by federal bankruptcy law. When an insurance company becomes insolvent and is unable to pay outstanding claims, a state's courts and the insurance commissioner begin a legal process to determine appropriate action for the company.
When a member insurer is deemed to be insolvent, the Board of Directors of the NCIGA, under the Plan of Operation, may activate the NCIGA to carry out its duties and obligations as defined by statute to protect the insurance buying consumer of the state of NC.