(1) When
a premium finance agreement contains a power of attorney enabling
the premium finance company to cancel any insurance contract or
contracts listed in the agreement, the insurance contract or
contracts shall not be canceled by the premium finance company
unless such cancellation is effectuated in accordance with this
section.
(2) Not less than ten days' written notice shall be mailed
to the insured of the intent of the premium finance company to
cancel the insurance contract unless the default is cured within
such ten-day period.
(3) After expiration of such ten-day period, the premium
finance company may thereafter request in the name of the
insured, cancellation of such insurance contract or contracts by
mailing to the insurer a notice of cancellation, and the
insurance contract shall be canceled as if such notice of
cancellation had been submitted by the insured himself or
herself, but without requiring the return of the insurance
contract or contracts. The premium finance company shall also
mail a notice of cancellation to the insured at his or her last
known address.
(4) All statutory, regulatory, and contractual restrictions
providing that the insurance contract may not be canceled unless
notice is given to a governmental agency, mortgagee, or other
third party shall apply where cancellation is effected under the
provisions of this section. The insurer shall give the
prescribed notice in behalf of itself or the insured to any
governmental agency, mortgagee, or other third party on or before
the second business day after the day it receives the notice of
cancellation from the premium finance company and shall determine
the effective date of cancellation taking into consideration the
number of days notice required to complete the cancellation.
[2010 c 8 § 11006; 2009 c 549 § 7158; 1969 ex.s. c 190 § 11.]