(1) No insurer shall refuse to renew a policy of medical malpractice insurance unless such insurer or its agent mails or delivers to the named insured, at the last address shown in the insurer's records, at least ninety days' advance notice of its intention not to renew. This section shall not apply: (a) If the insurer has already manifested its willingness to renew; (b) Repealed.
(c) If the insured fails to pay any premium deposit required by the insurer for renewal.
Notwithstanding the failure of an insurer to comply with this section, the policy shallterminate on the effective date of any other malpractice liability insurance policy with respect to the particular insured, if such policy has substantially the same limits and provisions of coverage.
Renewal of a policy shall not constitute a waiver or estoppel with respect to groundsfor cancellation which existed before the effective date of such renewal.
In the event an insurer refuses to renew, the insured may, by written request, demanda written notification of the reasons for nonrenewal. Such notification shall be given the insured within twenty days after receipt of such request.
Any statement of reasons contained in the notice pursuant to subsection (4) of thissection shall be privileged and shall not constitute grounds for any action against the insurer or its representatives or any person who in good faith furnished to the insurer the information upon which the statement is based.
This section shall not apply to insurers providing coverage for exempt commercialpolicyholders, as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section.
Source: L. 76: Entire section added, p. 365, § 1, effective May 21. L. 86: IP(1) amended and (1)(b) repealed, pp. 573, 575, §§ 3, 7, effective July 1. L. 99: (6) added, p. 389, § 14, effective January 15, 2000.