§1335. Homeowners' insurance; cancellation; nonrenewal; limited grace period for surviving spouse

            A. An insurer that has issued a policy of homeowner's insurance shall not fail to renew the policy unless it has mailed or delivered to the named insured, at the address shown in the policy, written notice of its intention not to renew. The notice of nonrenewal shall be mailed or delivered at least thirty days before the expiration date of the policy. If the notice is mailed less than thirty days before expiration, coverage shall remain in effect under the terms and conditions until thirty days after the notice is mailed or delivered. Any earned premium for the period of coverage extended beyond the expiration date shall be considered pro rata based upon the rate of the previous year.

            B. The notice of nonrenewal shall not be required if the insurer or a company within the same insurance group has offered to issue a renewal policy, or if the named insured has provided written notification to the insurer of the intention of the insured not to renew.

            C. An insurer providing property, casualty, or liability insurance that provides homeowners' insurance shall provide up to a maximum of a sixty-day grace period for the payment of a semi-annual or annual insurance premium for homeowners' insurance upon the insurer's receipt of a request from a surviving spouse that is in accordance with this Section. When the grace period is implemented, all time delays for cancellation or nonrenewal set forth in Subsection A of this Section shall be extended by the length of the grace period as required in Subsection D of this Section.

            D. To receive a grace period extension, an insured shall provide written notice to his insurer that includes both of the following:

            (1) A copy of the death certificate for the deceased spouse that includes his date of death, and the date of his death is within sixty days following the original insurance premium due date.

            (2) A specification of the requested length of days for the grace period that shall not exceed sixty days following the original due date for a semi-annual or annual insurance premium payment.

            E. Upon conclusion of the grace period elected in Paragraph (D)(2) of this Section, all sums originally due shall become due and payable.

            F. This grace period shall only apply to insurance payments made directly by the insured to his insurer and shall exclude payments made to any lending institution or financial intermediary that includes insurance premium payments as part of an escrow arrangement.

            G. The grace period payment shall not create a private right of action by the insured, except the commissioner may consider the failure of the insurer to grant a properly documented timely request pursuant to Subsection D of this Section as a violation of R.S. 22:1964.

            H. The commissioner may promulgate and adopt rules in accordance with the Administrative Procedure Act.

            Acts 1991, No. 774, §1; Redesignated from R.S. 22:636.6 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2024, No. 175, §1, eff. Jan. 1, 2025.