20-1633. Objections; investigation; determination

A. Any individual who believes cancellation of the individual's policy is arbitrary, capricious or otherwise in violation of this article, who believes nonrenewal is in violation of this article or who believes notice of nonrenewal or cancellation, or the reasons for nonrenewal or cancellation, were not given as provided by this article, within ten days after receipt of notice, may file in writing an objection to the action with the director.

B. On receipt of a written objection pursuant to this article, the director shall notify the insurer of receipt of the objection and of the right of the insurer to file a written response within ten days of receipt of the notification.  The director may also order an examination of the objection or complaint, the submission of additional information by the insured or the insurer about the action by the insurer or the objections of the insured, or any other procedure as the director deems appropriate or necessary.  The insurer shall pay the cost of the examination pursuant to section 20-159.  Within fifteen days of receipt of the written objection by an insured the director shall approve or disapprove the insurer's action and shall notify the insured and insurer in writing of the director's final decision.  The director shall order an insurer that has failed to renew a policy in violation of this article to reinstate the policy retroactive to the effective date of the nonrenewal.  Except as provided in section 41-1092.08, subsection H, either party may institute proceedings for judicial review of the director's final decision pursuant to title 12, chapter 7, article 6. Notwithstanding any other law, if the director decides in favor of the insured, the director may order that the decision not be stayed pending judicial review.