Current through the 2023 Legislative Sessions
Section 26.1-40-15.7 - General provisions1. After selection of limits by a named insured or applicant for insurance, the insurer or any of its affiliates is not required to notify any insured in any renewal, reinstatement, substitute, amended, or replacement policy as to the availability of optional limits. Such selection by a named insured or an applicant is valid for all insureds under the policy. The insured may make, subject to the limitations expressed in sections 26.1-40-15.1 through 26.1-40-15.7, a request for additional coverage or coverage more extensive than that provided on a prior policy.2. No insurer is required to offer, provide, or make available coverage conforming to sections 26.1-40-15.1 through 26.1-40-15.7 in connection with any excess policy, umbrella policy, or any other policy which does not provide primary motor vehicle insurance for liabilities arising out of the ownership, maintenance, operation, or use of a specifically insured motor vehicle.3. Notwithstanding any other provision of sections 26.1-40-15.1 through 26.1-40-15.7, an insurer may make underinsured motorist coverage a part of uninsured motorist coverage.4. Notwithstanding any other provision of sections 26.1-40-15.1 through 26.1-40-15.7 or other laws of this state, a motor vehicle liability insurance policy may provide as to uninsured and underinsured motorist coverage, that any dispute with respect to issues of liability and damages may be submitted to binding arbitration if both parties agree. Such policy may also provide that coverage questions are not subject to arbitration.5. Nothing in sections 26.1-40-15.1 through 26.1-40-15.7 may be construed to prevent an insurer from offering, making available, or providing coverage terms and conditions more favorable to its insured or limits higher than are required by sections 26.1-40-15.1 through 26.1-40-15.7.