Policy Termination – Hearing

Section 2904 Section 2904.160  Policy Termination – Hearing a)         An employer who wishes to object to the reason or reasons for termination shall, within 10 days after receipt of the notice of termination, mail or deliver to the Director of Insurance a written request for a hearing that shall clearly state the basis for the objection.  This Section shall not apply to cancellations at the employer's request or to cancellations in the case of nonpayment of premium as defined in Section 143.13 of the Code.  The notice of cancellation or nonrenewal to which this Section applies shall advise the named insured of his or her right to appeal and the procedure to follow for the appeal. b)         Within 10 days after receipt of the request for a hearing and upon 10 days notice to the parties, the Director shall convene a hearing.  Within 20 days after the conclusion of the hearing, the Director shall issue his or her written findings to the parties.  The policy will remain in force until the Director has given his or her findings.  If the Director finds for the employer, he or she shall order the assigned carrier to rescind its notice of termination.  If the Director finds for the assigned carrier, he or she shall order that the termination be effective 30 days from the date of his or her order.  The assigned carrier is entitled to a premium for any extension of coverage and the extension shall be contingent upon the payment of the premium.