515.128 - NONRENEWAL OF COMMERCIAL LINES POLICIES OR CONTRACTS.
515.128 NONRENEWAL OF COMMERCIAL LINES POLICIES OR CONTRACTS. 1. An insurer shall not fail to renew a commercial line policy or contract of insurance except by notice to the insured as provided in this section. Nonrenewal of a commercial line policy or contract includes a decision by the insurer not to renew the policy or contract, an increase in the premium of twenty-five percent or more, an increase in the deductible of twenty-five percent or more, or a material reduction in the limits or coverage of the policy or contract. However, a premium charge which is assessed after the beginning date of the policy period for which the premium is due shall not be deemed a premium increase for the purpose of this section. 2. A notice of nonrenewal is not effective unless mailed or delivered by the insurer to the named insured and any loss payee at least forty-five days prior to the expiration date of the policy. If the insurer fails to meet the notice requirements of this section, the insured has the option of continuing the policy for the remainder of the notice period plus an additional thirty days at the premium rate of the existing policy or contract. A post office department certificate of mailing to the named insured at the address shown in the policy or contract is proof of receipt of the mailing. 3. This section applies to all forms of commercial property and casualty insurance written pursuant to this chapter. It does not apply if the insurer has offered to renew or if the insured fails to pay a premium due or any advance premium required by the insurer for renewal. A notice of nonrenewal is not required if the insured is transferred from an insurer to an affiliate for future coverage as a result of a merger, acquisition, or company restructuring and if the transfer results in the same or broader coverage.
Section History: Recent Form 88 Acts, ch 1112, §407 C89, § 515.81B 2002 Acts, ch 1111, §18; 2007 Acts, ch 152, § 12 CS2007, § 515.128 Referred to in § 515.125, 515.126, 515.129, 515D.7 See § 515D.7
Footnotes Former § 515.128 transferred to § 515.147; 2007 Acts, ch 152, § 36