Sec. 651.161. CANCELLATION OF INSURANCE CONTRACT. (a) An insurance premium finance company may not cancel an insurance contract listed in a premium finance agreement except as provided by this section for an insured's failure to make a payment at the time and in the amount provided in the agreement.
(b) The insurance premium finance company must mail to the insured a written notice that the company will cancel the insurance contract because of the insured's default in payment unless the default is cured at or before the time stated in the notice. The stated time may not be earlier than the 10th day after the date the notice is mailed.
(c) The insurance premium finance company must also mail a copy of the notice to the insurance agent or broker identified in the premium finance agreement.
(d) After the time stated in the notice required by Subsection (b), the insurance premium finance company may cancel each applicable insurance contract by mailing a notice of cancellation to the insurer. Each insurance contract shall be canceled as if the insured had canceled the contract, except that the return of a canceled contract is not required.
(e) The insurance premium finance company must also mail a notice of cancellation to:
(1) the insured at the insured's last known address; and
(2) the insurance agent or broker identified in the premium finance agreement.
(f) A statutory, regulatory, or contractual restriction that provides that an insurance contract may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party applies to a cancellation under this section. The insurer shall:
(1) give the prescribed notice on behalf of the insurer or the insured to each governmental agency, mortgagee, or other third party on or before the second business day after the date the insurer receives the notice of cancellation from the insurance premium finance company; and
(2) determine the effective date of cancellation, taking into consideration the number of days' notice required to complete the cancellation.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Structure Texas Statutes
Title 5 - Protection of Consumer Interests
Subtitle E - Premium Financing
Chapter 651 - Financing of Insurance Premiums
Subchapter D. Premium Finance Agreements
Section 651.151. Required Form and Contents of Premium Finance Agreement
Section 651.152. Other Required Contents
Section 651.153. Form of Disclosures
Section 651.154. Consolidation of Increase Attributable to Amendment of Rate Classification
Section 651.155. Responsibilities of Insurance Agent
Section 651.156. Taking of Incomplete Premium Finance Agreement Prohibited
Section 651.157. Perfection of Premium Finance Agreement as Secured Transaction: Filing Not Required
Section 651.158. Prepayment and Refund
Section 651.159. Default Charge
Section 651.160. Power of Attorney
Section 651.161. Cancellation of Insurance Contract
Section 651.162. Return of Unearned Premiums and Commissions
Section 651.163. Assignment of Premium Finance Agreement
Section 651.164. Restrictions on Premium Finance Agreements
Section 651.165. Required Notice of Certain Premium Finance Agreements
Section 651.166. Taking, Receiving, or Charging Unauthorized Amount
Section 651.167. Effect of License Revocation, Suspension, or Surrender on Premium Finance Agreement