Title 33, Chapter 22, Section 13
( 33-22-13)
(a) When a premium finance agreement contains a power of attorney
enabling the premium finance company to cancel any insurance
contract or contracts listed in the agreement, the insurance
contract or contracts shall not be canceled by the premium finance
company unless the cancellation is effectuated in accordance with
this Code section. (b) Not less than ten days' written notice shall be mailed to the
insured of the intent of the premium finance company to cancel the
insurance contract unless the default is cured within such ten-day
period. A copy of said notice shall also be sent to the insurance
agent or insurance broker indicated on the premium finance
agreement. (c)(1) After expiration of such ten-day period, the premium
finance company may thereafter in the name of the insured cancel
such insurance contract or contracts by mailing or delivering to
the insurer a notice of cancellation; and the insurance contract
shall be canceled as if the notice of cancellation had been
submitted by the insured, but without requiring the return of the
insurance contract or contracts. The premium finance company,
when mailing or delivering notice to the insurance company to
cancel the policy, shall mail notice to the insured notifying him
or her of the action taken. Such notice to the insured shall
contain the date and time the policy is to be canceled, which date
shall be after the date of mailing of such notice, and shall
inform the insured that any payment received after the mailing or
delivery of notice to the insurance company to cancel the policy
will not reinstate the policy. The notice may contain information
to the effect that the premium finance company will make a request
to the insurance company to reinstate the policy. Language
sufficiently clear and specific so that a person of average
intelligence can understand the action being taken by the premium
finance company shall be used. The notice to the insured required
by this subsection shall be mailed to the last address of record
of the insured and shall be dispatched by at least first-class
mail 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. (2) The receipt of the notice of cancellation provided in
paragraph (1) of this subsection by the insurer shall create a
conclusive presumption that the premium finance company has fully
complied with all the requirements of this Code section, that the
insurer is entitled to rely on such presumption, and that the
cancellation of the insurance contract or contracts is concurred
in and authorized by the insured. No liability of any nature
whatsoever shall be imposed upon the insurer as a result of the
failure by the insured to receive the notice of the action taken
required by paragraph (1) of this subsection or as a result of the
failure of the insurance premium finance company to comply with
any of the requirements of this Code section. (d) All statutory, regulatory, and contractual restrictions
providing that the insurance contract may not be canceled unless
notice is given to a governmental agency, mortgagee, or other third
party shall apply where cancellation is effected under this Code
section. The insurer shall give the prescribed notice on behalf of
itself or the insured to any governmental agency, mortgagee, or
other third party on or before the second business day after the day
it receives the notice of cancellation from the premium finance
company and shall determine the effective date of cancellation
taking into consideration the number of days required to complete
the cancellation. |