20-1676. Notice of nonrenewal

A. This article does not apply to the nonrenewal of insurance policies except as provided in subsection B of this section.

B. No nonrenewal of any policy of insurance to which this article applies is effective unless the insurer mails or electronically delivers, consistent with the requirements of title 44, chapter 26, a copy of the notice of nonrenewal to the insured's agent and mails with the insurer obtaining proof of mail by United States certified mail or first class mail using intelligent mail barcode or another similar tracking method used or approved by the United States postal service written notice to the named insured, at the address shown in the policy or to the last known address of the insured, at least forty-five days before the end of the policy period, of its intention not to renew the policy. The transfer of a policyholder between companies within the same insurance group or changes in deductibles, premium, amount of insurance or coverage are not refusals to renew.

C. Notice of nonrenewal is not required if either of the following occurs:

1. The insurer or a company within the same insurance group has offered to issue a renewal policy.

2. The named insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage.

D. If an insurer provides the notice described in subsection B of this section and the insurer subsequently extends the policy for ninety days at the request of the policyholder, an additional notice of nonrenewal is not required with respect to the extension.

E. If the notice of nonrenewal is mailed less than forty-five days before expiration, the coverage shall remain in effect until forty-five days after the notice is mailed. Earned premium for any period of coverage that extends beyond the expiration date shall be considered pro rata based on the previous year's rate.