§ 23-89-301 — Definitions

As used in this subchapter: (1) "Automobile collision coverage" includes all coverage of loss or damage to an automobile insured under the policy resulting from collision or upset; (2) "Automobile liability coverage" includes only coverage of bodily injury and property damage liability, medical payments, and uninsured motorists coverage; (3) "Automobile physical damage coverage" includes all coverage of loss or damage to an automobile insured under the policy except loss or damage resulting from collision or upset; (4) "Nonpayment of premium" means failure of the named insured to discharge when due any of his or her obligations in connection with the payment of premiums on a policy, or any installment of the premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit; (5) "Policy" means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state; and (6) (A) "Renewal" or "to renew" means the issuance and delivery by an insurer of a: (i) Policy superseding a policy previously issued and delivered by: (a) The same insurer; or (b) An affiliate or subsidiary, as defined in § 23-63-503 , that has a financial strength rating that is: (1) Issued by an industry-recognized independent insurance rating company; and (2) At least as good as the insurer issuing the superseded policy; or (ii) Certificate or notice extending the term of a policy beyond its policy period or term. (B) However, for the purposes of this subchapter: (i) Any policy with a policy period or term of less than six (6) months shall be considered as if written for a policy period or term of six (6) months; and (ii) Any policy written for a term longer than one (1) year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one (1) year, and the policy may be terminated at the expiration of any annual period upon giving twenty (20) days' notice of cancellation prior to the anniversary date. This cancellation shall not be subject to any other provisions of this subchapter. (C) This section does not repeal or supersede any requirements of the Insurance Holding Company Regulatory Act, § 23-63-501 et seq., including without limitation the provisions of § 23-63-515 that are applicable to material transactions between an insurer and an insurer's affiliates.

Legislative History

Amended by Act 2019, No. 689,§ 5, eff. 7/24/2019. Acts 1969, No. 333, § 1; A.S.A. 1947, § 66-4007; Acts 2007, No. 826, § 1.