Nev. Rev. Stat. § 687B.320

Policies other than industrial insurance policies: Grounds for midterm cancellation; notice to policyholder

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NRS 687B.320  Policies other than industrial insurance policies: Grounds for midterm cancellation; notice to policyholder.

      1.  Except as otherwise provided in subsection 3, no insurance policy that has been in effect for at least 70 days or that has been renewed may be cancelled by the insurer before the expiration of the agreed term or 1 year from the effective date of the policy or renewal, whichever occurs first, except on any one of the following grounds:

      (a) Failure to pay a premium when due;

      (b) Conviction of the insured of a crime arising out of acts increasing the hazard insured against;

      (c) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder;

      (d) Discovery of:

             (1) An act or omission; or

             (2) A violation of any condition of the policy,

Ê which occurred after the first effective date of the current policy and substantially and materially increases the hazard insured against;

      (e) A material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed;

      (f) A determination by the Commissioner that continuation of the insurer’s present volume of premiums would jeopardize the insurer’s solvency or be hazardous to the interests of policyholders of the insurer, its creditors or the public; or

      (g) A determination by the Commissioner that the continuation of the policy would violate, or place the insurer in violation of, any provision of the Code.

      2.  No cancellation under subsection 1 is effective until, in the case of paragraph (a) of subsection 1, at least 10 days and, in the case of any other paragraph of subsection 1, at least 30 days after the notice is delivered or mailed to the policyholder.

      3.  The provisions of this section do not apply to a policy of industrial insurance.

      (Added to NRS by 1971, 1724; A 1987, 986; 2003, 3313)

     

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1987–2024 · leading case: Griffin v. Old Republic Insurance
Griffin v. Old Republic Insurance (2006) nev · cites it 5× “26 Failure to notify As a final matter, Griffin argues that Old Republic was required to ensure that Jensen complied with the unambiguous exclusion and that Old Republic’s failure to notify Jensen of his noncompliance constitutes a waiver of the exclusion pursuant to NRS…”
Daniels v. National Home Life Assurance Co. (1987) nev · cites it 5× “[Headnote 1] NRS 687B.320 is designed to protect individuals from the arbitrary actions of insurers who cancel insurance policies without notice to their insureds.”
Progressive Gulf Insurance Com v. Christian Faehnrich (2010) ca9 “There, plaintiff-appellant Williams was a member of the Air Force stationed in California but was injured in a car accident during an assignment in Nevada.”
Eb Holdings II, Inc. v. Illinois National Insurance Company (2024) ca9 “, Nev. Rev. Stat. § 687B.320(1)(c) (providing for “midterm cancellation” due to “fraud .”
O.P.H. OF LAS VEGAS, INC. VS. OREGON MUT. INS. CO. (2017) nev · cites it 4× “360 applies to premium nonpayment cancellations equally with other cancellations permitted by NRS 687B.320(1). While many premium- nonpayment cancellations are cut-and-dried, not all are.”
O.P.H. OF LAS VEGAS, INC. VS. OREGON MUT. INS. CO. (2017) nev · cites it 2× “360 applies to premium nonpayment cancellations equally with other cancellations permitted by NRS 687B.320(1). While many premium- nonpayment cancellations are cut-and-dried, not all are.”
Beazley Underwriting Ltd v. Jumper Man Party Rentals, LLC (2024) nvd · cites it 2× “27 at 7–8 (citing NRS 687B.320). 24 Jumperman then points out that the lapse of the Henderson general business license did not 25 substantially or materially increase its risk of loss, nor the hazard insured against, and thus 26 Beazley was not permitted to cancel the policy and…”
Peterson v. United Financial Casualty Company (2024) nvd · cites it 2× “3 NRS § 687B.320(1)(a) allows an insurer to cancel a policy if the policyholder fails to pay.”
— Nev. Rev. Stat. § 687B.320(1) — 3 cases
Griffin v. Old Republic Insurance (2006) nev “26 Failure to notify As a final matter, Griffin argues that Old Republic was required to ensure that Jensen complied with the unambiguous exclusion and that Old Republic’s failure to notify Jensen of his noncompliance constitutes a waiver of the exclusion pursuant to NRS…”
O.P.H. OF LAS VEGAS, INC. VS. OREGON MUT. INS. CO. (2017) nev “360 applies to premium nonpayment cancellations equally with other cancellations permitted by NRS 687B.320(1). While many premium- nonpayment cancellations are cut-and-dried, not all are.”
O.P.H. OF LAS VEGAS, INC. VS. OREGON MUT. INS. CO. (2017) nev “360 applies to premium nonpayment cancellations equally with other cancellations permitted by NRS 687B.320(1). While many premium- nonpayment cancellations are cut-and-dried, not all are.”
— Nev. Rev. Stat. § 687B.320(1)(a) — 3 cases
O.P.H. OF LAS VEGAS, INC. VS. OREGON MUT. INS. CO. (2017) nev “360 applies to premium nonpayment cancellations equally with other cancellations permitted by NRS 687B.320(1). While many premium- nonpayment cancellations are cut-and-dried, not all are.”
Peterson v. United Financial Casualty Company (2024) nvd “3 NRS § 687B.320(1)(a) allows an insurer to cancel a policy if the policyholder fails to pay.”
O.P.H. OF LAS VEGAS, INC. VS. OREGON MUT. INS. CO. (2017) nev “360 applies to premium nonpayment cancellations equally with other cancellations permitted by NRS 687B.320(1). While many premium- nonpayment cancellations are cut-and-dried, not all are.”
— Nev. Rev. Stat. § 687B.320(1)(c) — 1 case
Eb Holdings II, Inc. v. Illinois National Insurance Company (2024) ca9 “, Nev. Rev. Stat. § 687B.320(1)(c) (providing for “midterm cancellation” due to “fraud .”
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