(a) None of the types of claims or accidents listed
in paragraphs (1)-(4) of this subsection may be used by any insurer
as the sole basis for a refusal to renew a personal auto policy:
(1) claims involving damage from a weather-related
incident that do not involve a collision, such as, but not limited
to, hail, flood, tornado, winds, or hurricanes;
(2) accidents or claims involving damage by contact
with animals or fowls;
(3) accidents or claims involving damages caused by
flying gravel, missiles, or falling objects; provided, however, that
upon renewal the insurer may increase the deductible to the higher
of $250 or the next higher available deductible increment in the event
of three losses in any 36-month period; or
(4) towing and labor protection; however, the insurer
may eliminate towing and labor protection in the event of four towing
and labor claims in any 36-month period.
(b) Any other claims or accidents in which an insured
cannot reasonably be considered to be at fault may not be used by
any insurer as the sole basis for a refusal to renew the insured's
personal auto policy, unless there are two or more such claims or
accidents in any 12-month period.
(c) Beginning 60 days after the effective date of this
rule, an insurer must provide a one-time written notice to the insured
of the contents of this rule, in a form that has been approved by
the board, upon issuance of each new policy or with the first renewal
after the effective date of this rule.
(d) "Refusal to renew" as used in this rule means an
insurer's refusal to renew a personal auto policy in the same insurance
company which originally issued the policy.
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