§33-17A-1. Purpose of Article
The purpose of this article is to regulate declinations, cancellations and refusals to renew certain policies of property insurance and to provide for disclosure of the reasons for these actions.
§33-17A-10. Immunity
(a) There is no liability on the part of and no cause of action shall arise against the commissioner, any insurer or its authorized representative, or any licensed insurance agent or broker for furnishing information to an insurer as to reasons for a termination or declination, or for any communication giving notice of, or specifying […]
§33-17A-11. Severability
If any provisions of this article or the application thereof to any person or circumstances is for any reason held to be invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.
§33-17A-2. Scope of Article
This article applies to policies of property insurance, other than policies of inland marine insurance and policies of property insurance issued through a residual market mechanism, covering risks to property located in this state which take effect or are renewed after the effective date of this article and which insure any of the following contingencies: […]
§33-17A-3. Definitions
(a) “Declination” is the refusal of an insurer to issue a property insurance policy on a written application or written request for coverage. For the purposes of this article, the offering of insurance coverage with a company within an insurance group which is different from the company requested on the application or written request for […]
§33-17A-4. Notification and Reasons for a Transfer, Declination, Termination, or Renewal With Reduction in Coverage
(a) Upon declining to insure any real or personal property, subject to this article, the insurer making a declination shall provide the insurance applicant with a written explanation of the specific reason or reasons for the declination at the time of the declination. The provision of such insurance application form by an insurer shall create […]
§33-17A-4a. Alternative Method for Nonrenewal for Property Insurance
(a) On or after July 1, 2005, an insurer may nonrenew a property insurance policy for any reason that is consistent with its underwriting standards. (b) Notwithstanding any other provisions in this section, race, religion, nationality, ethnic group, age, sex, marital status or other reason prohibited by the provisions of this chapter may not be […]
§33-17A-4b. Manner of Making Election Relating to Nonrenewals
(a) Each insurer licensed to write property insurance policies in this state as of July 1, 2005, may elect to issue all nonrenewal notices either pursuant to subsection (c), section four of this article or section four-a of this article. Each insurer must notify the Commissioner of its election on or before July 1, 2005, […]
§33-17A-4c. Report to the Legislature
By January 1, 2010, the Commissioner shall submit a report to the Legislature. The report shall contain the following: (1) An analysis of the impact of legislation enacted during the 2005 legislative session upon rates and insurance availability in the state; and
§33-17A-5. Permissible Cancellations
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 on at least one of the following reasons: (a) Nonpayment of premium; (b) Conviction of the insured of any crime having as one […]
§33-17A-6. Discriminatory Terminations and Declinations Prohibited
No insurer may decline to issue or terminate a policy of insurance subject to this article if the declination or termination is: (a) Based upon the race, religion, nationality, ethnic group, age, sex or marital status of the applicant or named insured; (b) Based solely upon the lawful occupation or profession of the applicant or […]
§33-17A-7. Hearings and Administrative Procedure
Hearings for the violation of any provision of this article, and the administrative procedure prior to, during and following these hearings, shall be conducted in accordance with the provisions of article two of this chapter.
§33-17A-8. Sanctions
If the commissioner determines in a final order that: (a) An insurer has violated section five or six of this article, he may require the insurer to: (1) Accept the application or written request for insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated;
§33-17A-9. Civil Liability and Actions
(a) If the commissioner determines in a final order that an insurer has violated section five or six of this article, the applicant or named insured aggrieved by the violation may bring an action in a court of competent jurisdiction in this state to recover from the insurer any loss, not otherwise recovered through insurance, […]