North Dakota Code 26.1-39-13 – Notification and reasons for cancellation of property and casualty policies
1. After coverage has been in effect for more than sixty days or after the effective date of a renewal policy, a notice of cancellation may not be issued unless it is based upon at least one of the following reasons:
Terms Used In North Dakota Code 26.1-39-13
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Fraud: Intentional deception resulting in injury to another.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. 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
a. Nonpayment of premium.
b. Discovery of fraud or material misrepresentation and the procurement of the insurance or with respect to any claims submitted thereunder.
c. Discovery of willful or reckless acts or omissions on the part of the named insured which increase any hazard insured against.
d. The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed.
e. A violation of any local fire, health, safety, building, or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against.
f. A determination by the commissioner that the continuation of the policy would place the insurer in violation of the insurance laws of this state.
g. Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against.
2. A written notice of cancellation must be mailed or delivered to the named insured, at the last-known address of the named insured, at least thirty days before the effective date of cancellation or when the cancellation is for nonpayment of premium at least ten days before the effective date of cancellation. Conclusive proof of mailing and receipt on the third calendar day after the mailing of the notice is established if the insurer produces:
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.