North Dakota § 26.1-39.2-02 Contract to be paid from proceeds of property and casualty insurance policy - Right to cancel - Duties

North Dakota Statutes

§ 26.1-39.2-02 — Contract to be paid from proceeds of property and casualty insurance policy - Right to cancel - Duties

North Dakota § 26.1-39.2-02

Title 26.1Insurance

Ch. 26.1-39.2Residential Contractor Contracts

This text of North Dakota § 26.1-39.2-02 (Contract to be paid from proceeds of property and casualty insurance policy - Right to cancel - Duties) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 26.1-39.2-02 (2026).

Text

policy - Right to cancel - Duties.

1.A person that enters a written contract with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract before midnight on the later of the fifth business day after the person has:

a.Entered the written contract; or

b.Received written notice from the person's insurer that all or part of the claim or contract is not a covered loss under the insurance policy.

2.The written contract must include a statement that the insured homeowner has the right to cancel the contract in accordance with subsection 1.

3.The person seeking to cancel the contract shall evidence the cancellation by giving the residential contractor a signed and dated copy of written notice of the

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policy - Right to cancel - Duties.
1. A person that enters a written contract with a residential contractor to provide goods or
services to be paid from the proceeds of a property and casualty insurance policy may
cancel the contract before midnight on the later of the fifth business day after the
person has:
a. Entered the written contract; or
b. Received written notice from the person's insurer that all or part of the claim or
contract is not a covered loss under the insurance policy.
2. The written contract must include a statement that the insured homeowner has the
right to cancel the contract in accordance with subsection 1.
3. The person seeking to cancel the contract shall evidence the cancellation by giving the
residential contractor a signed and dated copy of written notice of the cancellation.
a. The notice of cancellation may be delivered or mailed to the address of the
residential contractor's place of business as stated in the contract.
b. The notice of cancellation must include a copy of the written notice from the
person's insurer, if applicable, to the effect that all or part of the claim or contract
is not a covered loss under the insurance policy.
c. Notice of cancellation given by mail is effective upon deposit in the United States
mail, postage prepaid, if properly addressed to the residential contractor.
d. Notice of cancellation is not required to be in a particular form and is sufficient if
the notice indicates the intent of the insured not to be bound by the contract.
4. Within ten days after a contract to provide goods or services to be paid from the
proceeds of a property and casualty insurance policy has been canceled by
notification pursuant to this section, the residential contractor shall tender to the
person canceling the contract any payments, partial payments, or deposits made by
the person and any note or other evidence of indebtedness, except if the residential
contractor has provided goods or services agreed to by the person in writing to be
necessary to prevent damage to the premises, the residential contractor is entitled to
be paid the reasonable value of those goods or services. A contract provision to
provide goods or services to be paid from the proceeds of a property and casualty
insurance policy requiring the payment of a fee that is not for those goods or services