Homeowners Policy (HO)Question 118 of 474

A California homeowners policy has been in force for eight months. Under Insurance Code §676, on what basis may the insurer now cancel it mid-term?

a.For any lawful underwriting reason, provided the insurer gives the named insured written notice and promptly refunds the unearned premium
b.Only with the written consent of the named insured and of any mortgagee
c.Only for one of the grounds §676 lists, such as nonpayment of premium or a physical change making the property uninsurable
d.Because a reinspection shows the roof is older than the insurer's current underwriting guidelines would accept for a brand-new applicant

Explanation

Section 676 provides that once a policy described in §675 has been in effect for 60 days — or immediately, if the policy is a renewal — no notice of cancellation is effective unless it rests on something that occurred AFTER the effective date and falls within the statute's closed list: nonpayment of premium; conviction of the named insured of a crime having as an element an act increasing an insured hazard; discovery of fraud or material misrepresentation in obtaining the policy or in pursuing a claim; discovery of grossly negligent acts or omissions substantially increasing an insured hazard; or physical changes in the insured property that render it uninsurable. (a) describes the freedom the insurer has only during the first 60 days, which is exactly what §676 withdraws afterwards; (b) invents a consent requirement the statute does not contain; and (d) fails because an underwriting-appetite mismatch is not a physical change occurring after inception.

Law Reference: Cal. Ins. Code §676

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