§ 26.1-39-13 — Notification and reasons for cancellation of property and casualty policies

North Dakota § 26.1-39-13

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-39: Property and Casualty Insurance

Text

policies.
1. After coverage has been in effect for more than sixty days or after the effective date of
a renewal policy, a notice of cancellation may not be issued unless it is based upon at
least one of the following reasons:
a. Nonpayment of premium.
b. Discovery of fraud or material misrepresentation and the procurement of the
insurance or with respect to any claims submitted thereunder.
c. Discovery of willful or reckless acts or omissions on the part of the named insured
which increase any hazard insured against.
d. The occurrence of a change in the risk which substantially increases any hazard
insured against after insurance coverage has been issued or renewed.
e. A violation of any local fire, health, safety, building, or construction regulation or
ordinance with respect to any insured property or the occupancy thereof which
substantially increases any hazard insured against.
f. A determination by the commissioner that the continuation of the policy would
place the insurer in violation of the insurance laws of this state.
g. Conviction of the named insured of a crime having as one of its necessary
elements an act increasing any hazard insured against.
2. A written notice of cancellation must be mailed or delivered to the named insured, at
the last-known address of the named insured, at least thirty days before the effective
date of cancellation or when the cancellation is for nonpayment of premium at least ten
days before the effective date of cancellation. Conclusive proof of mailing and receipt
on the third calendar day after the mailing of the notice is established if the insurer
produces:
a. A United States postal service certificate of mailing to the named insured at the
insured's last-known address; or
b. Proof or acknowledgment of United States postal service mailing to the named
insured at the insured's last-known address using:
(1) IMb tracing; or

(2) A similar method of first-class mail tracking which identifies the named
insured, the insured's last-known address, and the date of mailing.