Title 33, Chapter 24, Section 12
( 33-24-12)
(a) Any insurance policy, rider, or endorsement issued after January
1, 1961, and otherwise valid which contains any condition or
provision not in compliance with the requirements of this title
shall not be rendered invalid due to the noncomplying condition or
provision but shall be construed and applied in accordance with such
conditions and provisions as would have applied had the policy,
rider, or endorsement been in full compliance with this title. (b) Any insurance contract delivered or issued for delivery in this
state covering a subject or subjects of insurance resident, located
or to be performed in this state and which, pursuant to this title,
the insurer may not lawfully insure under the contract shall be
cancellable at any time by the insurer, any provisions of the
contract to the contrary notwithstanding; and the insurer shall
promptly cancel the contract in accordance with the Commissioner's
request for cancellation. No illegality or cancellation shall be
deemed to relieve the insurer of any liability incurred by it under
the contract while in force or to prohibit the insurer from
retaining the pro rata earned premium on the contract. This Code
section shall not relieve the insurer from any penalty otherwise
incurred by the insurer under this title on account of any
violation. |