Procedure for Cancellation by Insured and Notice

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Procedure for Cancellation by Insured and Notice

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  1. An insured may request cancellation of an existing insurance policy by returning the original policy to the insurer or by making a request for cancellation of an insurance policy to the insurer or its duly authorized agent orally, electronically, or in writing stating a future date on which the policy is to be canceled.In the event of oral cancellation the insurer shall within ten days provide such insured electronically or in writing, confirmation of such requested cancellation.The insurer or its duly authorized agent may require that the insured provide written, electronic, or other recorded verification of the request for cancellation prior to such cancellation taking effect.Such cancellation shall be accomplished in the following manner:
    1. If only the interest of the insured is affected, the policy shall be canceled on the later of the date the returned policy or request is received by the insurer or its duly authorized agent or the date specified in the request; provided, however, that upon receipt of a request for cancellation from an insured, an insurer may waive the future date requirement by confirming the date and time of cancellation to the insured and the insurer shall document in its policy file the request for cancellation along with the date of the requested cancellation;
    2. If by statute, regulation, or contract the insurance policy may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party, the insurer shall mail or deliver such notice stating the date cancellation shall become effective, but such date shall not be less than ten days from the date of mailing or delivery of the notice.
  2. Notices required by this Code section shall be delivered as provided in subsection (d) of Code Section 33-24-14, in person, or by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last address of record of the named insured, governmental agency, mortgagee, or other third party, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
  3. Where any notice is mailed or delivered in accordance with this Code section, the effective date of cancellation of the policy shall be the last effective date of any such notice.
  4. Notwithstanding the failure of the insurer to comply with the provisions of this Code section, cancellation shall be effective on the effective date of any replacement policy providing the same or similar coverage, which date shall not be prior to the date provided in subsection (a) of this Code section.
  5. Except as provided in Chapter 22 of this title, an insurance policy which by its terms may be canceled by the insured shall be canceled in accordance with this Code section.

(Code 1981, §33-24-44.1, enacted by Ga. L. 1987, p. 1466, § 2; Ga. L. 1994, p. 344, § 1; Ga. L. 2014, p. 829, § 6/HB 645; Ga. L. 2015, p. 5, § 33/HB 90; Ga. L. 2018, p. 675, § 1/HB 878; Ga. L. 2019, p. 386, § 51/SB 133; Ga. L. 2019, p. 1056, § 33/SB 52.)

The 2018 amendment, effective July 1, 2018, deleted "written" preceding "request" throughout subsection (a); in subsection (a), inserted "orally, electronically, or in writing" in the middle of the first sentence, and added the second and third sentences; in paragraph (a)(1), in the proviso, deleted "in writing" following "cancellation", and added "and the insurer shall document in its policy file the request for cancellation along with the date of the requested cancellation" at the end.

The 2019 amendments. The first 2019 amendment, effective July 1, 2019, substituted "the insurer, shall within ten days provide such insured electronically or in writing" for "the insurer, shall, within 10 days provide such insured, electronically or in writing" in the second sentence of subsection (a). The second 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "the insurer shall within ten days" for "the insurer, shall, within 10 days" in the second sentence of subsection (a).

RESEARCH REFERENCES

ALR.

- What constitutes waiver by insured or insured's agent of required notice of cancellation of insurance policy, 86 A.L.R.4th 886.


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