20-1633. Objections; investigation;
determination
A. Any individual who believes cancellation or nonrenewal of the individual's
policy is arbitrary, capricious or otherwise in violation of this article or who believes
notice of nonrenewal or cancellation, or the reasons for nonrenewal or cancellation, were
not given as provided by this article may, within ten days after receipt of notice, file
in writing an objection to the action with the director.
B. Any insured who believes an insurer has made an incorrect determination of fault
in an accident contributing to nonrenewal of a policy under section 20-1631, subsection
E, within ten days after receipt of notice of the nonrenewal under that section, may file
in writing an objection to the nonrenewal with the director.
C. Upon receipt of a written objection pursuant to this article, the director shall
notify the insurer of receipt of the objection and of the right of the insurer to file a
written response within ten days of receipt of the notification. The director may also
order an examination of the objection or complaint, the submission of additional
information by the insured or the insurer about the action by the insurer or the
objections of the insured, or any other procedure as the director deems appropriate or
necessary. The insurer shall pay the cost of the examination pursuant to section 20-159.
Within fifteen days of receipt of the written objection by an insured the director shall
approve or disapprove the insurer's action and shall notify the insured and insurer in
writing of the director's final decision. The director shall order an insurer that has
failed to renew a policy in violation of section 20-1631 to reinstate the policy
retroactive to the effective date of the nonrenewal. Except as provided in section
41-1092.08, subsection H, either party may institute proceedings for judicial review of
the director's final decision pursuant to title 12, chapter 7, article 6.
Notwithstanding any other law, if the director decides in favor of the insured, the
director may order that the decision not be stayed pending judicial review.
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