26.1-40-07. Proof of notice of termination.

1. Proof of mailing a notice of cancellation or a notice of an intention not to renew, or business records of the notice of the insured's willingness to renew, must be retained for a period of one year by the insurer or insurance producer giving the notice.

2. Sufficient proof of mailing a notice under this section is established if the producer or insurer produces: a. A United States postal service certificate of mailing to the named insured at the address shown on the insured's policy; or

b. Proof or acknowledgment of United States postal service mailing to the named insured at the address shown on the insured's policy using: (1) IMb tracing; or (2) A similar method of first-class mail tracking which identifies the named insured, the address shown on the insured's policy, and the date of mailing.