Title 58, INSURANCE

Sections 58-11-26 and 58-11-27 shall not apply to cosurety obligations. Source: SL 1966, ch 111 , ch 22, § 21 (3).

Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded …

If under the policy, the exact amount of premium is determinable only at stated intervals or at termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included. Source: SL 1966, ch 111 , ch 22, § 16 (2).

No binder shall be valid beyond the issuance of the policy with respect to which it was given, or beyond ninety days from its effective date, whichever period is the shorter. Source: SL 1966, ch 111 , ch 22, § 24 (2).

If the policy has not been issued a binder may be extended or renewed beyond such ninety days with the written approval of the director, or in accordance with such rules and regulations relative thereto as the director may promulgate. Source: SL 1966, ch 111 , ch 22, § 24 (3).

Sections 58-11-29 to 58-11-31 , inclusive, shall not apply to life or health insurances. Source: SL 1966, ch 111 , ch 22, § 24 (4).

Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance except where a condition required by the insurer has not been met by th…

In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to such vehicle is insured, a dupl…

Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor, for additional periods by …

A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or health policy, whether heretofore or hereafter issued, under the terms of which the beneficiary may be changed upon the sole request of the insured …

A policy delivered or issued after June 30, 1966, for delivery to any person in this state in violation of this title, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in this title. Source: SL 1966, ch 111 , ch 22, § 22 (1).

Any insurance policy, rider, or endorsement issued after June 30, 1966, and otherwise valid which contains any condition, omission or provision not in compliance with the requirements of this title, shall not be thereby rendered invalid but shall be construed and applied in accor…

Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application lawfully made a part of the policy. Source: SL 1966, ch 111 , ch 22, § 23…

Sections 58-11-2 and 58-11-3 shall not apply to surety contracts or to group insurance policies. Source: SL 1966, ch 111 , ch 22, § 16 (3).

No application for the issuance of any life or health insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy or contract w…

If any policy of life or health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shal…

No alteration of an application for any life or health insurance policy shall be made by any person other than the applicant without the applicant's written consent. However, insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate th…

As to kinds of insurance other than life or health insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, …

All statements and descriptions in any application for an insurance policy, certificate, or annuity contract, by or on behalf of the insured or annuitant, shall be deemed to be representations and not warranties. No misrepresentation, omission, concealment of fact, or incorrect s…

Questions on an application for a life or health insurance policy or annuity contract which are not answered shall not serve as a basis for denying recovery pursuant to subdivisions 58-11-44(1) to (3), inclusive, unless the insurer challenges the same and demands an answer within…

Nothing in § 58-11-44 prohibits an insurer or an insurer's representative from: (1) Requesting information from an applicant for the purpose of determining that applicant's insurability; or (2) Underwriting an application or declining coverage based upon that applicant's failure …

Terms used in §§ 58-11-46 to 58-11-54 , inclusive, mean: (1) "Automobile collision coverage," includes all coverage of loss or damage to an automobile insured under the policy resulting from collision or upset; (2) "Automobile liability coverage," includes only coverage of bodily…

The director of the Division of Insurance may require companies issuing policies to which §§ 58-11-45 to 58-11-54 , inclusive, are applicable to file with him the names and addresses of reporting agencies or persons of the nature described in § 58-11-45.3 and the geographical are…

No applicant for insurance seeking a policy for coverage of a motor vehicle as that term is defined in subdivision 58-11-45(5) shall be disadvantaged in his attempt to secure proof of financial responsibility required by chapter 32-35 by reason of any false, mistaken, or maliciou…

If an applicant for such insurance has made a full disclosure to the insurance producer of the insurer in response to the insurance producer's inquiry and the application is tendered with premium, the insurer, if it fails or refuses to issue the policy based upon information othe…

A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (1) Nonpayment of premium; (2) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same hous…

The provisions of § 58-11-46 do not apply to any policy or coverage that has been in effect less than sixty days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy. The notice provisions of § 58-11-49 apply to any policy for whi…

Modification of automobile physical damage coverage by the inclusion of a deductible not exceeding one hundred dollars shall not be deemed a cancellation of the coverage or of the policy. Source: SL 1968, ch 138 , § 2 (C).

No notice of cancellation of an insurance policy specified in § 58-11-46 is effective unless mailed or delivered by the insurer to the named insured at least twenty days before the effective cancellation date. However, if cancellation is for nonpayment of premium the insurer shal…

Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this title pertaining to contracts of particular kinds of insurance. The director may waive the required use of a particular provision in a particular insurance p…

Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall upon written request of the named insured, mailed or delivered to the insurer not less than fifteen days prior to the effective date of cancellation, specify i…

No insurer may fail to renew a policy unless the insurer mails or delivers to the named insured, at the address shown in the policy, at least sixty days' advance notice of the intention not to renew. This section does not apply: (1) If the insurer has manifested its willingness t…

Proof of mailing of notice of cancellation, or of intention not to renew or of reasons for cancellation, to the named insured at the address shown in the policy, shall be sufficient proof of notice. Source: SL 1968, ch 138 , § 5.

When a policy of automobile liability insurance is canceled, other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance to which § 58-11-51 applies, the insurer shall notify the named insured of his possible eligibility fo…

No liability on the part of and no cause of action of any nature may arise against the director of the Division of Insurance or against any insurer, its authorized representative, its insurance producers, its employees, or any firm, person, or corporation furnishing to the insure…

Except as provided in §§ 58-11-55.1 and 58-11-55.2 , no insurer may refuse to issue or to renew a policy or certificate solely because of the age, residence, race, color, creed, national origin, ancestry, occupation, or marital status of the applicant or the insured. Violation of…

An insurer may use age in determining whether to issue or renew life, health, or annuity policies. An insurer may use occupation in determining whether to issue or renew a life or disability policy. Source: SL 1997, ch 287 , § 2.

Except as provided by §§ 58-15-45 and 58-11-55.1 , § 58-11-55 applies to all types of insurance issued by all insurers under Title 58. However, nothing in § 58-11-55 may be construed as applying to or affecting the right of any fraternal benefit society subject to chapter 58-37A …

The director may promulgate rules for the purpose of preventing unfair discrimination pursuant to § 58-11-55 . The rules may include definition of terms, identification of general practices or nonrenewal guidelines used by insurers which would violate or be in compliance with § 5…

After consultation with insurance companies authorized to issue automobile liability policies in this state, the director of the Division of Insurance shall approve reasonable plans for the equitable apportionment of motor vehicle liability policies of applicants who are in good …

No policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used, but the director may approve any substitute provision which is, in his opinion, not less favorable in any particular to the insured or benefi…

No insurer may cease marketing a block of business in this state unless, at least ninety days prior to the cessation of marketing, the insurer submits to the director written notice of the intent to cease marketing, including a statement of the facts and causes for cessation. Ces…

The division may promulgate rules pursuant to chapter 1-26 to establish specific requirements for the regulation of the form and content of policies and policy forms, standards, and procedures for filings, and the cancellation and nonrenewal of policies as found in this chapter. …

Terms used in §§ 58-11-64 to 58-11-76 , inclusive, mean: (1) "Accident and health carrier," an entity licensed to offer accident and health insurance in this state, or subject to the insurance laws of this state, or subject to the jurisdiction of the director, that contracts or o…

Sections 58-11-64 to 58-11-76 , inclusive, apply to any individual or group health policy form issued by a carrier as defined in subdivision 58-18B-1(3) required to be filed with the director for review or approval. Source: SL 2008, ch 261 , § 2.

No policy form subject to the provisions of §§ 58-11-64 to 58-11-76 , inclusive, may be delivered or issued for delivery in this state, unless it has been filed with and approved by the director. Source: SL 2008, ch 261 , § 3.