Title 33, Chapter 24, Section 47
( 33-24-47)
(a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance insuring risks or residents in this state and insuring against liability for loss of, damage to, or injury to persons or property shall comply with the provisions of this Code section. This Code section shall not apply to personal automobile or personal property and casualty insurance policies. Cancellation of a policy for failure of the named insured to discharge when due any obligations in connection with the payment of premiums or cancellation for any reason of a policy that has been in effect for less than 60 days shall be governed by the provisions of Code Section 33-24-44. (b) A notice of termination, including a notice of cancellation or
nonrenewal, by the insurer, a notice of an increase in premiums,
other than an increase in premiums due to a change in risk or
exposure, including a change in experience modification or resulting
from an audit of auditable coverages, which exceeds 15 percent of
the current policy's premium, or a notice of change in any policy
provision which limits or restricts coverage shall be delivered to
the insured 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 insured, at least 45 days prior to the
termination date of such policy; provided, however, that a notice of
cancellation or nonrenewal of a policy of workers' compensation
insurance shall be controlled by the provisions of subsection (f) of
this Code section. In those instances where an increase in premium
exceeds 15 percent, the notice to the insured shall indicate the
dollar amount of the increase. The insurer may obtain a receipt
provided by the United States Postal Service as evidence of mailing
such notice or such other evidence of mailing as prescribed or
accepted by the United States Postal Service. (c) The failure of an insurer to comply with the requirements of
subsection (b) of this Code section shall entitle the policyholder
to purchase, under the same premiums and policy terms and
conditions, an additional 30 day period of insurance coverage beyond
the termination date of such policy; provided, however, that the
policyholder shall tender the premium amount, computed on a pro rata
basis, to the insurer on or before the termination date. No
provision of this Code section shall be construed as requiring the
insurance coverage under a policy to be extended for more than 30
days from the termination date stated in such policy. An insurer
shall not be subject to any other penalty for the failure to comply
with the requirements of subsection (b) of this Code section unless
the Commissioner finds, after a hearing, that such noncompliance by
the insurer has occurred with such frequency as to indicate a
general business practice by the insurer of noncompliance with
subsection (b) of this Code section. There shall be no liability on
the part of and no cause of action of any nature shall arise against
the Commissioner or the Commissioner's employees or against any
insurer, its authorized representatives, its agents, its employees,
or any firm, person, or corporation furnishing to the insurer
information as to reasons for cancellation or nonrenewal for any
statement made by any of them and in written notice of cancellation
or nonrenewal or in any other communication, oral or written,
specifying the reasons for cancellation or nonrenewal or providing
information pertaining thereto or for statements made or evidence
submitted at any formal or informal hearing conducted in connection
therewith. (d) This Code section shall not apply to policies canceled in
accordance with the provisions of Chapter 22 of this title. (e) Cancellation by the insured shall be accomplished in accordance with Code Section 33-24-44.1. (f) A notice of cancellation or nonrenewal of a policy of workers'
compensation insurance shall be dispatched to the insured by
certified mail or statutory overnight delivery, return receipt
requested, to the last address of record of the insured at least 75
days prior to the termination date of such policy. The workers'
compensation insurer shall retain the receipt of mailing provided by
the United States Postal Service as evidence of mailing. |