North Dakota Code 26.1-39-16 – Notification and statement of reasons for nonrenewal of property and casualty policies
1. An insurer shall renew a property insurance policy unless a written notice of nonrenewal is mailed or delivered to the named insured, at the last-known address of the named insured, at least forty-five days before the expiration date of the policy, except if the policy provides professional liability coverage for legal and medical services, the nonrenewal notice must be mailed or delivered at least ninety days before the policy expiration date. Conclusive proof of mailing and receipt on the third calendar day after the mailing of the notice is established if the insurer produces:
Terms Used In North Dakota Code 26.1-39-16
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
- year: means twelve consecutive months. See North Dakota Code 1-01-33
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.
2. The insurer shall include a statement of the reasons for a nonrenewal with the notice or shall furnish it upon the written request of the insured. The written request must be mailed or delivered to the insurer at least ten days prior to the expiration date of the policy. The insurer shall comply with such a request within ten days after receipt thereof.
3. No notice of intention not to renew is required when the named insured is given notice of the insurer’s willingness to renew the policy by the mailing or delivering of a renewal notice, bill, certificate, or policy. If notice as required by this subsection is not provided, coverage is deemed to be renewed for the ensuing policy period upon payment of the appropriate premium under the same terms and conditions, and subject to subsection 1 of section 26.1-39-13, until the named insured has accepted the replacement coverage with another insurer or until the named insured has agreed to the nonrenewal.
4. Proof of mailing a notice of intention not to renew or business records of the notice of the insurer’s willingness to renew must be retained for a period of not less than one year by the insurer or insurance producer giving the notice.