1. Upon declining to insure any property subject to sections 26.1-39-10 through 26.1-39-21, the insurer making the declination shall either provide the insurance applicant with a written explanation of the specific reasons for the declination at the time of the declination or advise the applicant that a written explanation of the specific reasons for the declination will be provided within twenty-one days of the time of the receipt of the applicant's written request for such an explanation. An applicant's written request is timely under this section if received within ninety days of the date of that notice to the applicant. 2. No insurer not represented by an insurance producer may refuse to provide an insurance application form or other means of making a written request for insurance to a prospective applicant who requires insurance coverage from the insurer. 3. No insurance producer, for any reason set out in section 26.1-39-17, may refuse to provide an insurance application form or other means of making a written request for insurance to a prospective applicant who requests insurance coverage from the insurance producer or insurer.
26.1-39-13. Notification and reasons for cancellation of property and casualty policies. 1. 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 upon at least one of the following reasons: a. Nonpayment of premium. b. Discovery of fraud or material misrepresentation and the procurement of the insurance or with respect to any claims submitted thereunder. c. Discovery of willful or reckless acts or omissions on the part of the named insured which increase any hazard insured against. d. The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed. e. A violation of any local fire, health, safety, building, or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against. f. A determination by the commissioner that the continuation of the policy would place the insurer in violation of the insurance laws of this state. g. Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against. 2. A written notice of cancellation must be mailed or delivered to the named insured, at the last-known address of the named insured, at least thirty days before the effective date of cancellation or when the cancellation is for nonpayment of premium at least ten days before the effective date of cancellation. Conclusive proof of mailing and receipt on the third calendar day after the mailing of the notice is established if the insurer produces: a. A United States postal service certificate of mailing to the named insured at the insured's last-known address; or b. Proof or acknowledgment of United States postal service mailing to the named insured at the insured's last-known address using: (1) IMb tracing; or
(2) A similar method of first-class mail tracking which identifies the named insured, the insured's last-known address, and the date of mailing.
26.1-39-14. Five-day notice exception for cancellation of property and casualty policies. Policies subject to sections 26.1-39-10 through 26.1-39-21 may be canceled upon five days' written notice to the named insureds if one or more of the following conditions exist: 1. Buildings with at least sixty-five percent of the rental units in the building unoccupied. 2. Buildings that have been damaged by a peril insured against and the insured has stated or such time has elapsed as clearly indicates that the damage will not be repaired. 3. Buildings to which, following a fire, permanent repairs have not commenced within sixty days following satisfactory adjustment of loss. 4. Buildings that have been unoccupied sixty consecutive days, except buildings that have a seasonal occupancy, and buildings actually in the course of construction or repair and reconstruction which are properly secured against unauthorized entry. 5. Buildings that are in danger of collapse because of serious structural conditions or those buildings subject to extremely hazardous conditions not contemplated in filed rating plans such as those buildings that are in a state of disrepair as to be dilapidated. 6. Buildings on which, because of their physical condition, there is an outstanding order to vacate or an outstanding demolition order, or which have been declared unsafe in accordance with applicable law. 7. Buildings from which fixed and salvageable items have been or are being removed and the insured can give no reasonable explanation for the removal. 8. Buildings on which there is reasonable knowledge and belief that the property is endangered and is not reasonably protected from possible arson for the purpose of defrauding an insurer. 9. Buildings with any of the following conditions: a. Failure to furnish heat, water, sewer service, or public lighting for thirty consecutive days or more. b. Failure to correct conditions dangerous to life, health, or safety. c. Failure to maintain the building in accordance with applicable law. d. Failure to pay property taxes for more than one year. 10. Buildings that have characteristics of ownership condition, occupancy, or maintenance which are violative of law or public policy.