C-II.B · Casualty Policies
Commercial cancellation, conditional renewal, and the hired-driver rule
Commercial policies follow their own notice rules. Compare them with personal auto so you do not reverse the numbers.
- Midterm cancellation of a commercial liability policy that has been in force for more than 60 days (§677.2(c)): at least 30 days' notice, or 10 days for nonpayment of premium or fraud. - Private passenger auto (§662): at least 20 days, or 10 days for nonpayment. The common mistake is to swap 20 and 30.
Nonrenewal and conditional renewal (§678.1(c)): at least 60 days but not more than 120 days before the end of the policy period. Conditional renewal includes renewal on condition of reduced limits, eliminated coverages, higher deductibles or a rate increase of more than 25 percent. If notice is late, §678.1(d) continues the policy with no change in its terms for 60 days after the notice.
Hired drivers (§670): an admitted insurer may not cancel or refuse to renew a motor vehicle liability policy covering an employer's hired drivers because a driver was convicted of a violation committed in a private passenger vehicle that the employer does not own or lease. The test is whose vehicle was involved, not whether the driver was off duty. Section 670(b) lists exceptions, such as homicide or assault arising from operating a vehicle.
Remember
· Commercial cancel (in force > 60 days): 30 days, 10 for nonpayment or fraud (§677.2).
· Commercial nonrenewal or conditional renewal (> 25% rate increase): 60-120 days (§678.1).
· §670: no cancel for hired drivers' convictions in their own private cars.
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