The ISO conditions are written for use in many states. The California amendatory endorsement changes them so the policy meets California law. A producer who reads only the base form can give the wrong answer about a client's rights, especially on cancellation and nonrenewal.
Cancellation after 60 days (Insurance Code §676.2(b)): once a commercial policy has been in effect for more than 60 days, the insurer may cancel only on grounds the statute lists. Listed grounds include:
- Nonpayment of premium
- Fraud or material misrepresentation, such as fraud by the named insured in pursuing a claim
- A material change in the risk, such as a change in operations that materially increases the risk and that the policy does not include
Having a covered claim paid is not a listed ground.
The notice (§677.2(b)): it must state the effective date and the reasons for the cancellation. After 60 days, a notice that does not comply with §677.2 is not effective (§676.2(b)), so giving extra days does not cure missing reasons. For a ground such as a material change in operations, §677.2(c) requires at least 30 days' notice.
Mailing adds time: §677.2(b) applies Code of Civil Procedure §1013(a) to a mailed notice. That adds 5 calendar days when the place of mailing and the address are both in California (30 + 5 = 35 days), and 10 days when either one is outside California but within the United States (30 + 10 = 40 days).
Midterm changes (§676.2(c)): after 60 days, a midterm rate increase, reduction in limits or change in conditions needs both 30 days' written notice and one of the reasons the statute lists, which concern things such as the insured's conduct or a change in its risk. Poor results for a whole class of business are not a listed reason, so 30 days' notice alone is not enough.