33-24-12
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33-24-12.
(a)
Any insurance policy, rider, or endorsement issued after January 1, 1961, and
otherwise valid which contains any condition or provision not in compliance with
the requirements of this title shall not be rendered invalid due to the
noncomplying condition or provision but shall be construed and applied in
accordance with such conditions and provisions as would have applied had the
policy, rider, or endorsement been in full compliance with this title.
(b)
Any insurance contract delivered or issued for delivery in this state covering a
subject or subjects of insurance resident, located or to be performed in this
state and which, pursuant to this title, the insurer may not lawfully insure
under the contract shall be cancelable at any time by the insurer, any
provisions of the contract to the contrary notwithstanding; and the insurer
shall promptly cancel the contract in accordance with the
Commissioneŕs
request for cancellation. No illegality or cancellation shall be deemed to
relieve the insurer of any liability incurred by it under the contract while in
force or to prohibit the insurer from retaining the pro rata earned premium on
the contract. This Code section shall not relieve the insurer from any penalty
otherwise incurred by the insurer under this title on account of any violation.