CHAPTER 31. CANCELLATION AND NONRENEWAL OF COMMERCIAL PROPERTY AND CASUALTY INSURANCE
IC 27-1-31
Chapter 31. Cancellation and Nonrenewal of CommercialProperty and Casualty Insurance
IC 27-1-31-1
Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapterapplies to all lines of commercial property and casualty insurance.
(b) This chapter:
(1) does not apply to the cancellation or nonrenewal ofautomobile insurance policies, as restricted under IC 27-7-6;and
(2) does not affect requirements applying to:
(A) the cancellation of medical malpractice insurancepolicies under IC 34-18-13-4 (or IC 27-12-13-4 before itsrepeal); or
(B) the cancellation of property or liability insurance by acreditor under IC 24-4.5-4-304.
As added by P.L.271-1987, SEC.4. Amended by P.L.2-1993,SEC.149; P.L.224-1993, SEC.1; P.L.1-1998, SEC.148.
IC 27-1-31-2
Grounds for cancellation; notice of cancellation
Sec. 2. (a) An insurer may not cancel a policy of insurance thatthe insurer has written that has been in effect more than ninety (90)days unless:
(1) the insured under the policy has failed to pay the premium;
(2) there is a substantial change in the scale of risk covered bythe policy;
(3) the insured has perpetrated a fraud or materialmisrepresentation upon the insurer;
(4) the insured has failed to comply with reasonable safetyrecommendations; or
(5) reinsurance of the risk associated with the policy has beencancelled.
(b) An insurer shall provide a written notice of cancellation to aperson insured under a policy issued by the insurer at least:
(1) forty-five (45) days before cancelling the policy for anyreason set forth in subsection (a)(2), (a)(4), or (a)(5);
(2) twenty (20) days before cancelling the policy for the reasonset forth in subsection (a)(3); or
(3) ten (10) days before cancelling the policy for the reason setforth in subsection (a)(1).
As added by P.L.271-1987, SEC.4. Amended by P.L.162-1988,SEC.3.
IC 27-1-31-2.5
Notice of cancellation
Sec. 2.5. An insurer may cancel a policy of insurance that theinsurer has written that has been in effect ninety (90) days or less by
providing a written notice of cancellation to a person insured underthe policy at least:
(1) ten (10) days before cancelling if an insured has failed topay a premium;
(2) twenty (20) days before cancelling if the insured hasperpetrated a fraud or material misrepresentation upon theinsurer; or
(3) thirty (30) days before cancelling for any other reason.
As added by P.L.162-1988, SEC.4.
IC 27-1-31-3
Notice of nonrenewal
Sec. 3. (a) If an insurer refuses to renew a policy of insurancewritten by the insurer, the insurer shall provide written notice ofnonrenewal to the insured:
(1) at least forty-five (45) days before the expiration date of thepolicy, if the coverage provided is for one (1) year, or less; or
(2) at least forty-five (45) days before the anniversary date ofthe policy, if the coverage provided is for more than one (1)year.
(b) A notice of nonrenewal is not required if:
(1) the insured is transferred from an insurer to an affiliate ofthe insurer for future coverage as a result of a merger, anacquisition, or a company restructuring;
(2) the transfer results in the same or broader coverage; and
(3) the insured approves the transfer.
As added by P.L.271-1987, SEC.4. Amended by P.L.160-2003,SEC.23.