Cancellation by insurer

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  • (a) Cancellation by the insurer of any policy which by its terms is cancellable at the option of the insurer, or of any binder based on such policy, may be effected as to any interest only upon compliance with the following:

    • (1) written notice of such cancellation must be actually delivered or mailed by certified mail to the insured or to his representative in charge of the subject of the insurance (i) not less than fifteen days prior to the effective date of cancellation resulting from—

      • (A) non-payment of premium;

      • (B) discovery of fraud or material misrepresentation in obtaining the policy or in the presentation of a claim thereunder; or

      • (C) suspension or revocation during the required policy period of the driver's license of the named insured or any other person who customarily operates the automobile insured under the policy; and (ii) not less than thirty days prior to the effective date of cancellation for any other cancellable terms of the policy as well as nonrenewal thereof; and

    • (2) like notice must also be so delivered or mailed by certified mail to each mortgagee, pledgee, or other person shown by the policy to have an interest in any loss which may occur thereunder.

  • (b) The mailing of any such notice shall be effected by certified mail by depositing it in a sealed envelope, directed to the addressee at his last address as known to the insurer or as shown by the insurer's records, with proper prepaid postage affixed, in a letter depository of the United States post office. The insurer shall retain in its records any such item so mailed together with its envelope, which was returned by the post office upon failure to find, or deliver the mailing, to the addressee.

  • (c) The certificate of service signed by the insured or his representative or the envelope returned by the Post Office upon failure to find or deliver the mailing to the addressee shall constitute prima facie evidence of such facts of the mailing.

  • (d) The portion of any premium paid to the insurer on account of the policy, unearned because of the cancellation and in an amount as computed on the pro rata basis, must be actually paid to the insured or other person entitled thereto as shown by the policy or by any endorsement thereon, or be mailed to the insured or such person within thirty days following such cancellation. Any such payment may be made by cash, or by check, bank draft, or money order.

  • (e) This section shall not apply to contracts of life or disability insurance without provision for cancellation prior to the date to which premiums have been paid.


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