1. This section applies to an insurance policy issued or renewed to insure real property in this state.
2. Within thirty days following quoting, issuing, or renewing of the policy, the insured may assert a fire protection class which differs from the class identified by the insurer and the insurer shall implement this class. The insured shall present to the insurer a credible basis for the assertion supported by factual information. 3. Within ninety days following receipt of the assertion by an insured, the insurer may investigate the assertion and: a. Change the fire protection class, effective from the date of issuance or renewal; or b. Document the basis for the original class and implement the original class effective from the date of issuance or renewal. 4. After making a determination under subsection 3, the insurer shall inform the insured of the determination.
26.1-39-10. Property and casualty policies - Declination, cancellation, and nonrenewal - Scope. Sections 26.1-39-10 through 26.1-39-21 apply to insurance policies or risks located or resident in this state which are issued and take effect or which are renewed after July 1, 1983, and insure against any of the following: 1. Loss of or damage to real property which consists of not more than four residential units, one of which is the principal place of residence of the named insured. 2. Loss of or damage to personal property owned by the named insured or used for personal, family, or household purposes within a residential dwelling. 3. Legal liability of the named insured arising out of bodily injury to or death of any persons or damage to property, except bodily injury, death, or property damage arising out of business pursuits other than professional legal or medical services. Sections 26.1-39-10 through 26.1-39-21 do not apply to workforce safety and insurance policies, automobile policies, inland marine policies, insurance policies issued through a residual market mechanism, or policies primarily insuring risks arising from the conduct of a commercial or industrial enterprise. For purposes of sections 26.1-39-10 through 26.1-39-21, any policy period or term of less than six months is considered a policy period or term of six months and any policy period or term of more than one year or any policy with no fixed expiration date is considered a policy period or term of one year.