How many days notice does a Texas insurer give before cancelling for non-payment?

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TL;DR

A Texas insurer's cancellation for non-payment does not take effect until 10 days1 after the insurer mails notice to the insured. The Insurance Code lets an insurer cancel a policy if the named insured does not pay any portion of the premium when due.1

How many days notice does a Texas insurer give before cancelling for non-payment?

The Texas Insurance Code sets the notice for a cancellation for non-payment in Texas. The Texas Legislature says an insurer may cancel a policy if the named insured does not pay any portion of the premium when due.1 The Texas Legislature also says the cancellation does not take effect until 10 days1 after the date the insurer mails notice of the cancellation to the insured. According to the Texas Legislature, the same notice rule covers a cancellation for a fraudulent claim or for a suspended license or registration.1 The Texas Legislature publishes this rule in the Insurance Code chapter on cancellation. The Insurance Code states the timing this way:

Cancellation of a policy under Subsection (b), (c), or (d) does not take effect until the 10th day after the date the insurer mails notice of the cancellation to the insured.

Texas Legislature (Texas Constitution and Statutes)1

What time limits apply around a Texas auto policy cancellation?

Situation What the Insurance Code says
Reinstating after a cancellation for non-payment An insurer may reinstate a personal auto policy if the premium owed is paid not later than 60 days2 after the cancellation date. Coverage lapses on the cancellation date and resumes when payment is received.2
Refund of unearned premium An insurer must refund unearned premium on a cancelled personal auto policy not later than the 15th business day3 after the effective date of cancellation or termination.3
Cancelling a new policy An insurer may cancel a personal auto policy that has been in effect less than 60 days1.1

What the sources do not state

The sources do not say that an insurer must reinstate a policy, and they do not describe notice rules for a premium finance company, which are covered in a separate rule. They also do not say what notice applies to a cancellation of a policy that has been in effect less than the period in the table.

Next step

The Texas Legislature publishes the cancellation rule on its page for the Insurance Code chapter on cancellation. The site also has a filing lookup tool.

Receipts

  1. 1

    Texas Legislature (Texas Constitution and Statutes)

    Texas Insurance Code Sec. 551.104 (Authorized Cancellation of Policies)

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  2. 2

    Texas Legislature (Texas Constitution and Statutes)

    Texas Insurance Code Sec. 551.106 (Renewal and Reinstatement of Personal Automobile Insurance Policies)

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  3. 3

    Texas Legislature (Texas Constitution and Statutes)

    Texas Insurance Code Sec. 558.002 (Applicability of Chapter; Refund of Unearned Premium)

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