29.1551 Right to return of premium.

Cite as [A.S.C.A. § 29.1551]

Unless the insurance contract otherwise provides, a person insured is entitled to a return of premium after a policy is cancelled or rescinded as provided herein:

(1) to the whole premium if no part of his interest in the thing insured was exposed to any of the perils insured against;

(2) where the insurance is for a definite term, and the insured surrenders his policy, to such proportion of the premium as corresponds to the unexpired portion of the term after deducting from the whole premium any claim for loss or damage which has previously accrued;

(3) when the contract is void or voidable on account of the fraud or misrepresentation of the insurer;

(4) when the contract is void or voidable on account of facts of the existence of which the insured was ignorant without his fault;

(5) When, by any default of the insured other than actual fraud, the insurer did not incur any liability under the policy.

History: 1974, PL 13-58 § 1.