A. A notice by the insurer to the policyholder of cancellation or reduction in the limits of liability or coverage for reasons other than nonpayment of premium shall be sent to the named insured at least ten days before the effective date of the cancellation or reduction in limits of liability or coverage. Notice of nonrenewal for reasons other than nonpayment of premium shall be sent at least forty-five days before the effective date of the nonrenewal. A notice under this subsection shall include or be accompanied by all of the following:
1. A statement in writing of the specific facts that constitute the reasons, consistent with this article, for such action by the insurer and a notice indicating the named insured's right to complain to the director of the insurer's action within ten days after receipt of the notice by the insured.
2. Notice of the insured's possible eligibility for insurance through the automobile assigned risk plan, and the notice shall state that all information included in the notice is given pursuant to this article.
3. Except as provided in paragraph 4 of this subsection, a refund of unearned premium. For the purposes of this paragraph, the insurer shall either send the notice and refund of unearned premium together at least ten days before the effective date or send the notice before the refund of unearned premium if both the notice and the refund of unearned premium are sent separately to the insured at least ten days before the effective date. As an alternative to sending the refund by mail, an insurer may refund the unearned premium by any electronic means previously established with the insured to make and receive premium payments for the policy.
4. In the case of a notice of cancellation or nonrenewal of a policyholder whose premium payment is collected and remitted on the insurer's behalf by the insurer's affiliate, the insurer shall refund any unearned premium to the policyholder within ten days after the policy cancellation or nonrenewal. For the purposes of this paragraph, "affiliate" has the same meaning prescribed in section 20-481.
B. Failure of the insurer to comply with subsection A of this section shall invalidate any cancellation, nonrenewal or reduction in limits of liability or coverage.
C. If a premium has been financed, a refund of unearned premium shall be returned as provided in section 6-1416.
Notes of Decisions
Prudential v. Est. of Rojo-Pacheco, 962 P.2d 213 (Ariz. Ct. App. 1997).
· cites it 18× “§§ 28-1101 through 28-1262, 1 without complying with the notice of cancellation requirements in A.R.S. § 20-1632. We agree with that legal ruling and therefore affirm.”
Torrez v. State Farm Mut. Auto. Ins., 635 P.2d 511 (Ariz. Ct. App. 1981).
· cites it 14× “If the insureds had not agreed, the insurer could have then proceeded with the cancellation procedures set forth in A.R.S. § 20-1632, including the mandated notice requirements.”
Grisham v. Five Star Ins., 925 P.2d 1075 (Ariz. Ct. App. 1996).
· cites it 23× “A notice by the insurer to the policyholder of non-renewal, cancellation or reduction in the limits of liability or coverage shall be mailed to the named insured by certified mail or United States post office certificate of mailing at least ten days prior to the effective date…”
State Farm Mut. Auto. Ins. v. O'Brien, 535 P.2d 46 (Ariz. Ct. App. 1975).
· cites it 4× “A.R.S. § 20-1632 (B) allows the insurer to fail to renew a policy for non-payment of premium without first giving a 10-day notice.”
Statewide Ins. Corp. v. Dewar, 694 P.2d 1167 (Ariz. 1984).
· cites it 4× “§ 20-1631, which limits the grounds for which an insurer can cancel or fail to renew a policy which has been in effect for sixty days; A.R.S. § 20-1632, which specifically addresses the issue of notice to insureds and contains no distinction between ordinary policies and…”
Norman v. State Farm Mut. Auto. Ins., 33 P.3d 530 (Ariz. Ct. App. 2001).
· cites it 2× “¶ 13 Belying Norman’s assertions is A.R.S. § 20-1632 (Supp.2000), a companion statute governing cancellation of policies for reasons other than non-payment of premium.”
Statewide Ins. v. Dewar, 694 P.2d 1190 (Ariz. Ct. App. 1983).
· cites it 10× “A.R.S. § 20-1632 provides: § 20-1632. Notices to insured A.”
Mid-Century Ins. Co. of Los Angeles v. Dace, 828 P.2d 1242 (Ariz. Ct. App. 1991).
· cites it 2× “Pursuant to A.R.S. § 20-1632, an insurer is required to send a notice of cancellation to “the named insured” by certified mail or post office certificate of mailing at least ten days before the effective date of the cancellation.”
— Ariz. Rev. Stat. § 20-1632(A) — 3 cases
Grisham v. Five Star Ins., 925 P.2d 1075 (Ariz. Ct. App. 1996).
“A notice by the insurer to the policyholder of non-renewal, cancellation or reduction in the limits of liability or coverage shall be mailed to the named insured by certified mail or United States post office certificate of mailing at least ten days prior to the effective date…”
Torrez v. State Farm Mut. Auto. Ins., 635 P.2d 511 (Ariz. Ct. App. 1981).
“If the insureds had not agreed, the insurer could have then proceeded with the cancellation procedures set forth in A.R.S. § 20-1632, including the mandated notice requirements.”
Prudential v. Est. of Rojo-Pacheco, 962 P.2d 213 (Ariz. Ct. App. 1997).
“§§ 28-1101 through 28-1262, 1 without complying with the notice of cancellation requirements in A.R.S. § 20-1632. We agree with that legal ruling and therefore affirm.”
— Ariz. Rev. Stat. § 20-1632(A)(l) — 1 case
Prudential v. Est. of Rojo-Pacheco, 962 P.2d 213 (Ariz. Ct. App. 1997).
“§§ 28-1101 through 28-1262, 1 without complying with the notice of cancellation requirements in A.R.S. § 20-1632. We agree with that legal ruling and therefore affirm.”
— Ariz. Rev. Stat. § 20-1632(B) — 4 cases
Torrez v. State Farm Mut. Auto. Ins., 635 P.2d 511 (Ariz. Ct. App. 1981).
“If the insureds had not agreed, the insurer could have then proceeded with the cancellation procedures set forth in A.R.S. § 20-1632, including the mandated notice requirements.”
Grisham v. Five Star Ins., 925 P.2d 1075 (Ariz. Ct. App. 1996).
“A notice by the insurer to the policyholder of non-renewal, cancellation or reduction in the limits of liability or coverage shall be mailed to the named insured by certified mail or United States post office certificate of mailing at least ten days prior to the effective date…”
State Farm Mut. Auto. Ins. v. O'Brien, 535 P.2d 46 (Ariz. Ct. App. 1975).
“A.R.S. § 20-1632 (B) allows the insurer to fail to renew a policy for non-payment of premium without first giving a 10-day notice.”
Prudential v. Est. of Rojo-Pacheco, 962 P.2d 213 (Ariz. Ct. App. 1997).
“§§ 28-1101 through 28-1262, 1 without complying with the notice of cancellation requirements in A.R.S. § 20-1632. We agree with that legal ruling and therefore affirm.”
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