§ 26.1-25.2-03 — Prohibited claims usage

North Dakota § 26.1-25.2-03

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-25.2: Personal Insurance Claims History

Text

An insurer may not consider the following events for purposes of surcharging, declining,
nonrenewing, or canceling either personal insurance coverage or a binder for personal
insurance coverage. The events include:
1. An insured's inquiry into the type or level of coverage or an inquiry into whether a
policy will cover a loss;
2. An insured's inquiry regarding coverage for a loss if the insured files no claim;
3. A claim if the insurer conducts no investigation of a claim or initiates no other claim
activity and the claim does not involve deceptive practices on the part of the insured;
4. A claim if the insurer makes no payment to or on behalf of the insured and the claim
does not involve deceptive practices on the part of the insured;
5. A first-party property claim resulting from wind or hail if the insured had no previous
wind or hail claim on that property within the previous five years regardless of the
insurer unless the insurer can provide evidence that the insured unreasonably failed to
maintain the property and the failure to maintain the property contributed to the loss; or
6. A claim if the claim is over ten years old, unless the insurer can provide evidence that
the insured unreasonably failed to maintain the property and the failure to maintain the
property contributed to the loss.