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HOUSE BILL NO. 155
INTRODUCED BY B. PAVLOVICH
BY REQUEST OF THE STATE AUDITOR
AN ACT PROHIBITING THE CANCELLATION OR NONRENEWAL OF PROPERTY AND CASUALTY INSURANCE ON THE BASIS OF A SINGLE LOSS UNLESS THE INSURER HAS PREVIOUSLY DISCLOSED THIS CRITERION TO THE INSURED; AMENDING SECTION 33-15-1105, MCA; AND PROVIDING AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 33-15-1105, MCA, is amended to read:
"33-15-1105. Nonrenewal -- renewal premium. (1) (a) An insured has a right to reasonable notice of nonrenewal. Unless otherwise provided by statute or unless a longer term is provided in the policy, at least 30 days prior to the expiration date provided in the policy, an insurer who does not intend to renew a policy beyond the agreed expiration date shall mail or deliver to the insured a notice of such intention. The insurer shall also mail or deliver a copy to the insured's insurance producer.
(b) Notification or nonrenewal to the insured's insurance producer via electronic transfer of data or by electronic data retrieval device meets the requirement of a mailed or delivered copy.
(2) An insurer shall give notice of premium due not more than 60 days or less than 10 days before the due date of a renewal premium. The notice must clearly state the effect of nonpayment of the premium on or before the due date.
(3) Subsections (1) and (2) do not apply if:
(a) the insured has obtained insurance elsewhere, has accepted replacement coverage, or has requested or agreed to nonrenewal; or
(b) the policy is expressly designated as nonrenewable.
(4) An insurer may not refuse to renew a property and casualty insurance policy on the basis of a single loss occurring during the policy period unless the insurer has previously disclosed in writing to the insured, at the time that the insured applied for the insurance or prior to the insured's renewal, that a single loss is among the insurer's criteria for nonrenewal."
Section 2. Applicability. [This act] applies to new or renewed property and casualty insurance policies in effect on or after January 1, 2000.
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Latest Version of HB 155 (HB0155.ENR)
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