Rule 120-2-53-.03. Notice Requirements for Cancellations and Nonrenewals

1. (1) Each notice of cancellation or nonrenewal shall include the following:

   1. (a) Each notice of nonrenewal, except for those exceptions contained within these rules, shall advise the insured of the opportunity of review of the nonrenewal by the Commissioner, as set forth herein, if the insured believes that his or her policy has been nonrenewed in violation of O.C.G.A. § 33-24-45. Notice in the following form shall satisfy the notice requirement in O.C.G.A. § 33-24-45(e)(5)(B) and serve to notify the insured of his or her opportunity for review of the nonrenewal. This notice shall only be used for nonrenewals.

      NOTICE OF NONRENEWAL

      "Code Section 33-24-45 of the Official Code of Georgia Annotated provides that this insurer must upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.

      If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.

      Additionally, within fifteen (15) days of receipt of this Notice of Nonrenewal, you may mail or deliver a written request for a review of the nonrenewal by the Commissioner if you believe your policy has been nonrenewed in violation of O.C.G.A. § 33-24-45. Your request must state the reasons why you believe the nonrenewal is in violation of O.C.G.A. § 33-24-45(e).

   2. (b) Each notice of cancellation, except for those exceptions contained within these rules, shall advise the insured of his or her opportunity to request, in writing, a review of the cancellation by the Commissioner, as set forth herein, if the insured believes that his or her policy has been canceled in violation of O.C.G.A. § 33-24-45. This notice shall only be used in the case of cancellation. Such cancellation notice to the insured shall be in substantially the following form:

      NOTICE OF CANCELLATION

      Within fifteen (15) days of receipt of this Notice of Cancellation, you may mail or deliver a written request for a review of the cancellation by the Commissioner if you believe your policy has been canceled in violation of O.C.G.A. § 33-24-45(c). Your request must state the reasons why you feel the cancellation is in violation of this Code Section.

   3. (c) The notice of cancellation or nonrenewal shall specifically state any and all reasons for such cancellation or nonrenewal in clear, easy to understand language.
   4. (d) The notice of cancellation or nonrenewal shall specifically state the tender of premium requirements contained in Rule 120-2-53-.04.
   5. (e) The notice required by this rule shall not be mandated for policies canceled in compliance with O.C.G.A. § 33-24-45(c)(1) or those canceled in compliance with O.C.G.A. § 33-24-45(k).
2. (2) No request for a review by the Commissioner shall be valid unless a written request is delivered or mailed with sufficient postage to the Commissioner within fifteen (15) days after receipt by the insured of the notice of cancellation or nonrenewal. A post office receipt of mailing to the named insured, at the insured's last known address according to the policy records, shall be conclusive proof of receipt of notice by the named insured on the fourth calendar day after mailing.

Authority: O.C.G.A. Secs. 33-24-45, 33-2-9.

History. Original Rule entitled "Insured's Right to a Hearing" adopted. F. Apr. 7, 1994; eff. Apr. 27, 1994.

Repealed: New Rule entitled "Notice Requirements for Cancellations and Nonrenewals" adopted. F. Sept. 16, 1997; eff. Oct. 6, 1997.