Notice of Cancellation 12.12.13 copy - Hall & Company · Notice of Cancellation Advisory We have...
Transcript of Notice of Cancellation 12.12.13 copy - Hall & Company · Notice of Cancellation Advisory We have...
Notice of Cancellation Advisory
We have received your request to provide Notice of Cancel-
lation to a certificate holder. Provided below is information
about what this means to your firm and how we manage
these requests.
• Notice of cancellation provisions are addressed in every
insurance policy and modification of these provisions can be
made only by endorsement to the policy.
• Notice of cancellation is a policy right regulated by State
insurance laws and regulations. Typically you have the right
to cancel without notice. The insurance company can cancel
within 10 days for non-payment of premium and otherwise
the insurance company can cancel with 30 days notice to
you, the insured. This varies somewhat by State. Note that it
is very rare that an insurance company will cancel a policy
for anything other than non-payment.
• A certificate of insurance does not waive or create your
policy rights, or amend them in any way. Every certificate
states this at the very top of the ACORD form
(https://www.acord.org/about/pages/default.aspx). Further,
the ACORD form language regarding Notice of Cancellation
refers to the policy provisions. As such, providing notice of
cancellation to a certificate holder must be endorsed into
the actual policy and cannot be accomplished by simply
modifying the certificate of insurance in a way that is
inconsistent with the corresponding insurance policy.
• For professional liability insurance the request to endorse
the policy to provide a certificate holder notice of cancella-
tion varies from 1) relatively easy, 2) to expensive, 3) to
outright impossible to obtain based on the actual notice
requirements and the willingness of different insurance
companies to provide such endorsements.
o Some professional liability insurance companies
will not endorse their policies to provide notice to
certificate holders. Notice is provided only to the
first named insured.
o Other professional liability insurance companies
will provide notice to certificate holders in the
event the insurance company cancels for reasons
other than non-payment.
o Another option available from some professional
liability insurance companies is to provide an
endorsement to the policy for an additional
premium to provide the certificate holder with 10
days notice of cancellation for non-payment of
premium and otherwise 30 days notice for cancel-
lation by the insurance company. However, even
in this instance, cancellation by the insured is not
notified to the certificate holder.
19660 10th Avenue NE, Poulsbo, WA 98370 [P] 360.598.3700 [F] 360.598.3703 www.hallandcompany.comHALL & COMPANY
Your right to cancel without notice is
protected by state law as is the
insurance company’s right to cancel
with 10 days notice for non-payment.
o There is no professional liability insurance
company that will endorse its policy to provide 30 day
notice to a certificate holder under all circumstances.
Your right to cancel without notice is protected by
State law as is the insurance company’s right to cancel
with 10 days notice for non-payment.
• A certificate of insurance does not waive or create policy
rights, or amend them in any way. Further ACORD certificate of
insurance forms are designed to be completed, not altered, using
industry accepted standardized language. ACORD's Forms
Instruction Guide states that a certificate of insurance should
not be used "To waive rights...To quote wording from a
contract...To quote any wording which amends a policy unless
the policy itself has been amended."
In conclusion, If an insurance agency were to issue an altered
certificate of insurance that stated that it would provide 30 days
notice of cancellation to a certificate holder, the certificate
would be issued improperly and it would be impossible for the
insurance agency to actually provide the required notice under a
variety of circumstances.
As such, Hall & Company does not issue altered ACORD certifi-
cates of insurance under any circumstances and are unable to
comply with the request to provide a 30 day notice of
cancellation as requested.