Homeowners Cancellation Request: Do Both Insureds Need to Sign?

The policy conditions for a homeowners policy state that the first named insured is the one who has the authority to cancel an insurance policy.
Q: In the instance where both spouses are named insureds, does only one party have to sign the cancellation request or is it required that both parties sign? The carrier system shows the first named insured and the second named insured for rating, but the policy includes them both as named insureds. The agent thinks the policy conditions mean that the second named insured in rating is not required to sign the cancellation notice.

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Response 1: To answer this question, it is necessary to review the words in the policy forms and endorsements. According to an example homeowners policy from this carrier:
GENERAL POLICY DEFINITIONS
Throughout this policy and its endorsements, the following words and phrases have a special meaning when they appear in bold type and quotations.
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- “You,” “your” or “Named Insured” means the person(s) named on the “Declarations” under “Named Insured.” Except in the RIGHTS AND DUTIES – GENERAL POLICY CONDITIONS Section, these words include the spouse of the person(s) named in Item 1. on the “Declarations.” Such spouse must be a “resident.”
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CANCELLATION AND NONRENEWAL
Your Right To Cancel
“You” may cancel this policy by mailing or delivering to “our” Agent or “us” notice in writing stating at what future date “you” want the cancellation to take effect. “We” may waive these requirements by confirming the date of cancellation to “you” in writing.
The word “you” refers to both individuals named on the declarations page, and “you” may cancel the policy. It is unclear whether both must request cancellation or only one may do it. To avoid involving your errors & omissions insurance carrier, I suggest that you get the request from both.
Response 2: It does happen that married couples separate or divorce, or unmarried couples or co-owners split up. In personal lines insurance, it is safer for the clients, the agent and the carrier that both named insureds execute the cancellation request to ensure both acknowledge cancellation and then together—or separately—they can arrange new coverage that might be needed. Consider that both named insureds have an insurable interest.
There has been considerable litigation where one named insured cancels and the other named insured continues to need coverage but unknowingly lost it because the first named insured cancelled. The second named insured does not know they’re uncovered until a loss occurs and the insurer denies coverage because of the cancellation. Then the uncovered individual—the former second named insured—sues everyone for not notifying them of the cancellation. And, in many cases, they win.
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Response 3: This is a legal question that requires an attorney’s expertise. It’s certainly not one that should be answered by an agent. The “named insured” is a pretty clear concept that’s spelled out on the declarations page. If it’s two people, then any official correspondence that requires the signature of the named insured would obviously require both signatures. Requirement of the “first named insured” seems pretty clear too, but if there are two people named, I’d still get both signatures.
The situation becomes even murkier when the named insured is a business entity. You need to be sure the person signing has the authority to do so, and that again is a legal question.
From a practical viewpoint, I think you and your staff need to be aware of this potential problem. When you see a questionable situation, the safest approach would be to follow the guidance of the carrier, as you are the representative of the carrier and the contract of insurance is between the carrier and the insured.
This question was originally submitted by an agent through the Big “I” Virtual University’s (VU) Ask an Expert service, with responses curated from multiple VU faculty members. Answers to other coverage questions are available on the VU website. If you need help accessing the website, request login information.
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