§431:10C-109  Motor vehicle insuranceidentification card after cancellation of policy; return to insurer, civilsanctions.  (a)  When a motor vehicle insurance policy is canceled beforethe end of the policy period, the insured shall within thirty days after beingnotified of the cancellation:

(1)  Return the motor vehicle insurance identificationcard to the insurer for the policy; or

(2)  If the card is lost or stolen, submit to theinsurer an affidavit signed by the insured stating that fact to the insurer.

(b)  The insurer's notice of cancellation shallinclude:

(1)  The reason for the cancellation; and

(2)  A statement of actions which may be taken underthis section if the card is not returned.

(c)  If the card or affidavit is not returnedwithin the period specified, the insurer may:

(1)  If the premiums for the period shown on the motorvehicle insurance identification card have been prepaid, withhold the unearnedportions of the premiums until the identification card or an affidavit signedby the insured has been returned.  In addition, all premiums shall beconsidered "earned" until the card is returned.

(2)  Ifthe premiums for the period shown on the identification card have not been paidin full, bring a civil action for three times the unpaid portion of thepremiums.  Notwithstanding section 607-14, the insurer shall be awardedreasonable attorney's fees and court costs.  If the motor vehicle insuranceidentification card is returned after the civil action is filed but before thematter is taken to trial, the insurer shall be awarded damages of not less than$100, but not more than the amount of the unpaid premiums together withreasonable attorney's fees and costs as provided in this section.

(d)  Notwithstanding the provisions of thissection, the imposition of criminal sanctions under section 431:10C-117 shallnot be precluded. [L 1987, c 347, pt of §2; am L 1989, c 195, §32; am L 1997, c251, §20; am L 2005, c 22, §26]