North Dakota Claims Compliance
Key regulatory requirements, correspondence deadlines, and mandated forms for North Dakota (ND).
Quick Reference
Key Deadlines
Requirements
- Mandated Forms
- Catastrophe Rules
- Separate P&C / Life & Health
- Fraud Warning
- Depreciation Notice
- E-Delivery (with_consent)
Regulatory Authority
North Dakota Insurance Department (Insurance Commissioner)
North Dakota Insurance Department, 600 East Boulevard Avenue, Bismarck, ND 58505-0320; Phone: (800) 247-0560; Website: www.nd.gov/ndins
Bad Faith: N.D. Cent. Code § 26.1-04-03(9)
Lines of Business
Key Statutes
- N.D. Cent. Code § 26.1-04-03
North Dakota handles claims correspondence according to specific state regulations. Requirements vary depending on the line of business and specific claim circumstances.
Acknowledgment
Every claim must be acknowledged within a reasonable time of receipt. The acknowledgment should identify the insurance policy and coverage at issue.
Denial
A written denial must be issued within a reasonable time. The denial must reference the specific policy provisions, conditions, or exclusions relied upon.
Statutory Language
No specific statutory language mandated beyond standard disclosures.
LOB-Specific Requirements
Regulatory requirements for North Dakota, grouped by line of business. Select a chip to filter.
- Unfair Claims Practices Act RefStatutory
- N.D. Cent. Code § 26.1-04-03(9)
- Prompt Payment Statute RefStatutory
- N.D. Cent. Code § 26.1-04-03(9)(d)
- Proof Of Loss RequirementsStatutory
- Completion and submission triggers the 'reasonable time' deadline to affirm or deny coverage (N.D. Cent. Code § 26.1-04-03(9)(j))
- Suit Limitation PeriodStatutory
- 6 years (N.D. Cent. Code § 28-01-16); restrictive policy limits are generally void (N.D. Cent. Code § 9-08-05)
North Dakota Case Law
Published decisions that shape claim-handling and correspondence practice in North Dakota. Pair these with the statutory deadlines above.
- Case Law
Seifert v. Farmers Union Mut. Ins. Co
497 N.W.2d 694 (1993)
Bad FaithCyber(discussing Corwin Chrysler-Plymouth). URL: https://law.justia.com/cases/north-dakota/supreme-court/1993/920109-3.html
- Case LawStatus UpdatesGeneral LiabilityProfessional Liability
that N.D.C.C. § 26.1-04-03 does not create a private right of action for insureds . Instead, a single act of misconduct is insufficient to trigger statutory penalties; the plaintiff must show the insurer engaged in the prohibited conduct with a "frequency indicating a general business practice" .
- Case Law
Fetch v. Quam
2001
Status UpdatesGeneral LiabilityProfessional Liabilitythe gravamen of the bad faith test is whether the insurer acts unreasonably in handling an insured's claim . An insurer acts unreasonably by failing to compensate an insured for a covered loss unless it has a proper cause for refusing payment .
- Case LawStatus UpdatesProfessional Liability
and Fetch v. Quam (2001), the gravamen of the bad faith test is whether the insurer acts unreasonably in handling an insured's claim . An insurer acts unreasonably by failing to compensate an insured for a covered loss unless it has a proper cause for refusing payment .
- Case LawStatus UpdatesGeneral Liability
. In Hartman, the North Dakota Supreme Court definitively stated: "The gravamen of the test for bad faith is whether the insurer acts unreasonably in handling an insured's claim" .
- Case LawStatus UpdatesGeneral Liability
and reaffirmed in Dvorak, a plaintiff must demonstrate that the insurer engaged in the prohibited conduct with a "'frequency indicating a general business practice'" . A single failure to provide a status update on a commercial liability claim cannot, as a matter of law, constitute a violation of Chapter 26.1-04 .
Historical court cases are for reference only and may be superseded, distinguished, or abrogated.
Applicable Letter Templates
No letter templates currently found for this jurisdiction.