§ 313. Notice of termination. 1. (a) No contract of insurance for\nwhich a certificate of insurance has been filed with the commissioner\nshall be terminated by cancellation by the insurer until at least twenty\ndays after mailing to the named insured at the address shown on the\npolicy a notice of termination by regular mail, with a certificate of\nmailing, properly endorsed by the postal service to be obtained, except\nwhere the cancellation is for non-payment of premium in which case\nfifteen days notice of cancellation by the insurer shall be sufficient,\nprovided, however, if another insurance contract has been procured, such\nother insurance contract shall, as of its effective date and hour,\nterminate the insurance previously in effect with respect to any motor\nvehicles designated in both contracts. No contract of insurance for\nwhich a certificate of insurance has been filed with the commissioner in\nwhich a natural person is the named insured and the motor vehicle is\nused predominantly for non-business purposes shall be non-renewed by an\ninsurer unless at least forty-five, but not more than sixty days in\nadvance of the renewal date the insurer mails or delivers to the named\ninsured at the address shown on the policy a written notice of its\nintention not to renew. No such contract of insurance in which the named\ninsured is not a natural person or the motor vehicle is used\npredominantly for business purposes shall be non-renewed by an insurer\nunless at least twenty days in advance of the renewal date the insurer\nmails or delivers to the named insured at the address shown on the\npolicy a written notice of its intention not to renew. All notices of\nnon-renewal shall be sent by regular mail with a certificate of mailing,\nproperly endorsed by the postal service to be obtained. Time of the\neffective date and hour of termination stated in the notice shall become\nthe end of the policy period. Every notice or acknowledgement of\ntermination for any cause whatsoever sent to the insured shall include\nin type of which the face shall not be smaller than twelve point a\nstatement that proof of financial security is required to be maintained\ncontinuously throughout the registration period and a notice prescribed\nby the commissioner indicating the punitive effects of failure to\nmaintain continuous proof of financial security and actions which may be\ntaken by the insured to avoid such punitive effects.\n (b) Every insurer shall retain a copy of the notice of termination\nmailed pursuant to this chapter and shall retain the certificate of\nmailing obtained from the postal service upon the mailing of the\noriginal of said notice. A copy of a notice of termination and the\ncertificate of mailing, when kept in the regular course of the insurer's\nbusiness, shall constitute conclusive proof of compliance with the\nmailing requirements of this chapter.\n * 2. (a) Upon the termination of an owner's policy of liability\ninsurance, other than an owner's policy of liability insurance for a\nmotorcycle, at the request of the insured or by cancellation by the\ninsurer, the insurer shall file a notice of termination with reference\nto such policy, as opposed to any insured vehicle or vehicles under such\npolicy, with the commissioner not later than thirty days following the\neffective date of such cancellation or other termination, in accordance\nwith the regulations required by paragraph (c) of this subdivision. An\ninsurer shall not file a notice of termination with the commissioner\nexcept as required by this subdivision.\n (b) Upon the issuance of an owner's policy of liability insurance the\ninsurer shall file a notice or confirmation of issuance with reference\nto such policy not later than fourteen days following the effective date\nof such issuance, and not later than seven days following the effective\ndate for policies issued after January first, two thousand one, in\naccordance with the regulations required by para
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.