Pet insurance in North Dakota

Which rules have been established

As of 11 November 2026, this review found no pet insurance law in North Dakota. All six specific guarantees in our state data remain unknown. General insurance rules and the terms of the contract apply.

Pet insurance is mentioned in an Insurance Department rule. NDAC 45-13-01-02 lists the products within each line of insurance. Item 3, “Property includes:”, has separate entries for “Pet”, “Personal inland marine” and “Livestock”. The rule has been in effect since 1 January 2000 and was last amended on 1 October 2019; we did not establish which version added the “Pet” entry. The rule implements N.D.C.C. 26.1-05-02.1, which lets the commissioner define the products within each line. The statute defines the line itself: “Property means insurance coverage for direct and consequential loss of or damage to property of every kind” (26.1-05-02(3)). This is a classification for licensing companies and agents, not a set of owner rights. The Insurance Code chapters we read do not contain the words pet, animal or veterinary.

The NAIC Summer 2026 chart shows “No current activity” for North Dakota. The bill index for the 68th Legislative Assembly (the 2023 regular and special sessions; 1,006 measures) lists no pet insurance bill. We did not check the 2025 session index; a search-engine search found no such bill. This is a check of an index and search results, not of every bill text.

Rates are approved in advance

The rate law, chapter 26.1-25, applies to fire, marine, inland marine and “all other forms of insurance on property” (26.1-25-02(1)). The exceptions are reinsurance, accident and health, insurance of vessels and ocean cargo, and aviation. By our reading, pet insurance falls within none of them, whether it is treated as property under the Department’s rule or as inland marine.

An ordinary policy on a household pet is a personal risk: “other property and casualty insurance for personal, family, or household needs” (26.1-25-02.1(10)). The general procedure of 26.1-25-04(4) applies: a filing must be on file with the commissioner for 60 days before it takes effect. The commissioner may extend that period by up to 15 days or, on the insurer’s written application, allow earlier use. A filing not disapproved within the period is deemed to meet the requirements of the law. The exceptions in subsection 5 are competitive commercial risks, auto and homeowners filings with an average change of less than 5%, and specific inland marine rates on risks specially rated by an advisory organization. Pets are not among them.

The Department’s filing page says: “In general, North Dakota is a prior approval state for forms and rates/rules filings.” It names use-and-file only for commercial lines and for small auto and homeowners changes.

The statute has one caveat: filing is not required for “inland marine risks which by general custom of the business are not written according to manual rates or rating plans” (26.1-25-04(1)). Pet programs are sold under rating plans, so by our reading the caveat does not reach them. We found no Department ruling on the point. The commissioner may exempt a market from the law by rule (26.1-25-19). In the list of the Department’s rules, the only chapter titled as an exemption concerns advisory organizations in the “highly protected risk” market; we found no exemption for pet insurance.

What this means for an owner:

• a rate may not be “excessive, inadequate, or unfairly discriminatory” (26.1-25-03(1)(d)): an excessive rate can be disapproved;
• an insurer may not issue a policy except in accordance with filings that have been approved and are in effect (26.1-25-04(10));
• on written request and for a reasonable charge, the insurer must give an insured affected by its rate “all pertinent information as to the rate” within a reasonable time. Separately, on a written request it must review how its rating system was applied to you; if it neither grants nor rejects that request within 30 days, you may proceed as if it had been rejected. The insurer’s action on the request may be appealed to the commissioner within 30 days after written notice of it (26.1-25-09);
• any person aggrieved by a filing in effect may apply in writing to the commissioner for a hearing (26.1-25-05(4));
• before it stops writing and renewing a product, an insurer must notify the commissioner in writing — before agents and policyholders — with the effective date, the number of policies affected and the reason (26.1-25-04.4).

The Department’s Bulletin 98-1 of 1998 requires a property and casualty rate filing to “include the net effect (percent change), number of policies in the state, and the estimated dollar impact to North Dakota policyholders”. No individual filing, pricing factors or size of any increase was established in this review.

Policy forms are approved in advance too

Under 26.1-30-19(4), a property insurance policy form, application, rider or endorsement may not be used until the commissioner has approved it, “to the extent rates are filed and approved pursuant to chapter 26.1-25”. Under 26.1-30-20, a form may not be used until 60 days after filing unless the commissioner approves it earlier in writing; the period may be extended by up to 15 days. Disapproval must be given within that period (26.1-30-21(1)).

Later, after a hearing, the commissioner may withdraw approval of a form that contains an “unjust, unfair, inequitable, misleading, or deceptive” provision (26.1-30-21(2)).

For policies issued or renewed after 1 August 2025, 26.1-30-22 applies. Mandatory binding arbitration in a property insurance policy is allowed only if it is in a separate endorsement, the named insured accepts it in writing on a separate form, and the insured receives a premium discount for it. The form must state plainly that the insured gives up the right to a court and a jury. The section does not cover a voluntary arbitration agreement made after a dispute has arisen.

When filings become public and how to get them

A rate filing and its supporting information are open “after the filing becomes effective” (26.1-25-04(1)). A form filing only after approval: until then it is “not open to public inspection or subject to the provisions of chapter 44-04 unless the filing is approved by the commissioner” (26.1-30-19(5)). While an increase is awaiting a decision, it cannot be seen publicly.

The general public records law is N.D.C.C. 44-04-18:

• a public entity’s records are open unless a law specifically provides otherwise;
• a request may be made orally; the entity may ask which records are wanted but may not ask for the motive or the requester’s identity;
• a paper copy costs up to 25 cents per impression; locating records that takes more than an hour costs up to $25 an hour, excluding the first hour, and the same applies to excising closed material; an electronic copy costs nothing beyond those charges, unless producing it takes more than an hour of information technology resources, in which case no more than the actual cost may be charged;
• if a record is available on the entity’s website or the internet, the entity need not provide a copy and directs the requester to it instead; a requester without reasonable internet access gets paper copies for the usual fees.

Trade secret and proprietary information is confidential if it is “of a privileged nature” and has not been publicly disclosed before (44-04-18.4).

The Attorney General states: “Anyone has the right to access and obtain copies of a public entity’s records, regardless of where they live.” A response is due “within a reasonable time”; the statute sets no number of days.

The Department offers two routes: SERFF Filing Access and a request to the Department describing the timeframe, the company or the type of filing. The same page says: “The Department will assist with simple searches but most searches can be done using the National Association of Insurance Commissioners (NAIC) System for Electronic Rates & Forms Filings (SERFF) Filing Access or a vendor.” We did not open SERFF, sent no requests and did not test how the Department responds to a nonresident.

Cancellation and nonrenewal: a general rule with a caveat

Sections 26.1-39-10 to 26.1-39-21 are general rules for personal property policies:

If an insurer breaks the rules on cancellation reasons or nonrenewal, the commissioner may, after a hearing, require it to reinstate or continue the coverage. After a final order of the commissioner, the owner may sue for what the terminated coverage would have paid (26.1-39-18).

Caveat: whether these rules apply to pet insurance has not been established. They cover policies insuring against “loss of or damage to personal property owned by the named insured or used for personal, family, or household purposes within a residential dwelling” (26.1-39-10(2)), and they expressly do not apply to “inland marine policies”. A pet policy reimburses veterinary costs; the statute does not say whether that is “loss of or damage to personal property”. The Department’s rule lists “Pet” apart from “Personal inland marine”, but that is a list of products for licensing, not a reading of 26.1-39-10. In NAIC’s market share reports, pet insurance was included under inland marine until the 2024 data year.

The samples offer one argument for applying the rules. Healthy Paws’ North Dakota amendment (LD-51407, 10/18) repeats six of the seven reasons in 26.1-39-13(1) almost word for word; it leaves out the reason about fire and building rules. That is one insurer’s contract term, not a position of the Department.

Claims and payment: general rules

26.1-04-03(9) prohibits unfair claim settlement practices committed “without just cause” and with a frequency indicating a general business practice. They include:

• failing to acknowledge “with reasonable promptness” communications about claims;
• not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;
• failing to affirm or deny coverage “within a reasonable time after proof of loss has been completed”;
• delaying the investigation by requiring a preliminary claim report from the insured and their physician and then formal proof of loss forms containing substantially the same information.

We found no number of days for deciding an ordinary property claim, and no interest on late payment, in the Code chapters we read or in the Department’s list of rules. The search was not exhaustive.

General rules on proof of loss (chapter 26.1-32):

• after receiving notice of loss, the insurer must furnish a blank proof-of-loss form within 20 days; the insured then has 60 days. If the insurer fails to furnish the form in time, it has waived the proof-of-loss requirement. Any agreement to waive this section is void (26.1-32-08);
• for a preliminary proof of loss, “the best evidence which the insured has at the time” is enough (26.1-32-06);
• defects in a notice that the insurer fails to point out without unnecessary delay are waived (26.1-32-07);
• delay in giving notice or proof of loss is waived if it was caused by an act of the insurer or if the insurer fails to make a prompt and specific objection (26.1-32-09).

Three more general rules:

• unearned premium must be refunded within 30 days of cancellation (26.1-04-03(13));
• on a written, notarized request, a property and casualty insurer must send the policyholder’s loss and claim information within 20 days: closed and open claims, amounts paid and notices of occurrences. The charge may not exceed 50 cents a page (NDAC 45-05-04);
• an insured who surrenders a policy written for a definite period is entitled to the proportion of the premium that “corresponds with the unexpired time upon the amount of the policy remaining after deducting therefrom any claim for loss or damage under the policy which has accrued previously”, “except as provided for in a policy form filed with and approved by the commissioner” (26.1-24-03(3)); under NDAC 45-03-08-02, “policy form” here includes approved rates, rating plans and rules.

Two sections of chapter 26.1-39 refer to a “property insurer” and “property insurance”. Whether they apply to pet policies has not been established:

• a named insured may bring a bad-faith claim against a property insurer only after a court has found a breach of the insurance contract and a final judgment has been entered (26.1-39-29);
• a reopened claim requires notice within one year after the date of loss, and a supplemental claim within 12 months after the last payment for that element of the loss (26.1-39-30).

The Department takes complaints. Its website uses both names: North Dakota Insurance Department and North Dakota Insurance & Securities Department.

The market

According to the NAIC 2025 market share report, page 252, direct written premiums for pet insurance in North Dakota were $4,366 thousand and direct earned premiums $4,151 thousand. Direct losses incurred were 50.80% of earned premium. In the same report, the industry total is 68.10% for states and territories and 68.07% including Canada and aggregate other alien. NAIC notes that these loss ratios are calendar-year results, not measures of profitability. By our calculation, North Dakota is about 0.08% of premium for states and territories. NAIC is an association of regulators; these are not the Department’s own figures.

The three largest groups hold 64.26% of the market. We did not establish which brands belong to which group.

What the sample policies show

On 11 November 2026 we opened five brands’ sample-policy pages for North Dakota. We did not check Trupanion, Nationwide, Lemonade, MetLife, Pumpkin, Spot or Fetch.

The Healthy Paws page says the brand’s products are underwritten by ACE American Insurance Company, Westchester Fire Insurance Company, Indemnity Insurance Company of North America, ACE Property and Casualty Insurance Company and Atlantic Employers Insurance Company, and one or more of their U.S.-based Chubb underwriting affiliates. The North Dakota samples are Westchester forms; the company that issues a particular policy is shown on its declarations page.

A sample does not establish that such a policy is issued today or that a new policy can be bought. Check your issued set: the declarations, the form and every endorsement.

What the state amendments change:

• Healthy Paws. After 60 days or after a renewal, the insurer may cancel only for six of the reasons in 26.1-39-13(1). The notice periods of the general form remain: 90 days, and 20 days for nonpayment.
• Pets Best. The cruciate ligament waiting period is 30 days instead of 6 months. The de minimis gifts clause (11.C) is removed.
• ASPCA. Notice of cancellation for nonpayment must be mailed, at least 10 days in advance or as the state requires. The time to sue is three years from the claim settlement date instead of 24 months. The promotional items clause is removed.

What the samples show:

• Injury waits run from none to 15 days. An injury on day 10 is covered neither by ASPCA (14 days) nor by Healthy Paws (15 days); Embrace V6 has no waiting period for accidents.
• Cancellation reasons are broader than the statute. After 60 days, Figo may cancel if you fail to comply with the policy in a way that prejudices its ability to evaluate a claim, or if it issues a new policy with the same or an affiliated company. Embrace V6 adds failure to provide requested information. ASPCA adds a material change that makes it unable to continue coverage, such as moving to a state where the policy is not available. 26.1-39-13(1) contains no such reasons. The statute does, however, treat a transfer of a policy between companies of the same insurance holding company system as not a termination (26.1-39-11(4)) and requires notice of the transfer (26.1-39-25). Whether those rules apply to pet policies has not been established, so this is our reading, not a finding of a violation. See cancellation without cause.
• Nonrenewal notice. Embrace V6 gives 30 days, Figo 60 days. 26.1-39-16 requires 45 days, if it applies.
• Disputes go to the insurer’s veterinarian. Healthy Paws (III.11): first the insurer’s own veterinarian, then an “independent” one appointed by the insurer, whose decision is “final and binding on all parties”. The state amendment does not change this clause. Whether it falls under 26.1-30-22 (mandatory arbitration only through a separate endorsement, written acceptance and a discount) has not been established. In Pets Best’s sample, the independent veterinarian’s decision binds only the insurer, and arbitration is voluntary and non-binding. See disputes decided by the insurer.
• Concealment and backdated rescission. Healthy Paws voids the policy if you concealed or misrepresented a material fact. Embrace V6 treats failure to name every veterinarian seen from 12 months before the start through the end of the illness waiting period as concealment. ASPCA allows “rescission backdated to the original policy period effective date”. Under 26.1-29-15, concealment, “whether intentional or unintentional”, entitles the injured party to rescind, and under 26.1-29-31 that right may be exercised at any time before an action on the contract is commenced. 26.1-29-25 limits the effect of a misrepresentation to cases of actual intent to deceive or an increased risk of loss. We did not check how North Dakota courts reconcile these sections.
• No exam record, no illness cover. The Healthy Paws CPE moves the end of the waiting period if you do not provide the enrollment-exam record. Without an exam in the 12 months before the start or within 14 days after it, Embrace V6 turns the policy into accident-only cover. See missing records move the waiting period.
• Raising coverage restarts the waiting period. Pets Best issues a new policy with a new pre-existing-condition review; Figo applies the waiting period again as of the date of the change; Embrace V6 resets the illness waiting period and the pre-existing-condition determination as of that date. See plan changes.
• Paid claims can be taken back. Figo and Embrace V6 reserve the right to recover payments made in error and to apply the terms retrospectively to paid claims. See paid claims taken back.
• Claim deadlines differ. Pets Best: 180 days from treatment. Figo: 180 days “or as soon as reasonably practicable”. ASPCA: 270 days. Healthy Paws limits lawsuits to one year after the loss unless state law requires a longer period. See claim deadlines.
• The price can change mid-term. Figo allows premium changes during the term for changes in your address, your pet’s details “or other Policy parameters”, and reports renewal changes “within the renewal notice”. Healthy Paws promises 60 days’ notice of a change in the monthly premium. See renewal changes.

Traps

• An increase is invisible until it takes effect. A rate filing becomes public only once it is in effect, a form only once it is approved (26.1-25-04(1), 26.1-30-19(5)). Public records will not show an increase that is still pending.
• The Department may send you to SERFF. Under 44-04-18(4), an entity need not copy a record available on the internet and may point to it instead. The Department itself says most searches can be done through SERFF Filing Access or a vendor.
• Even unintentional concealment is risky. 26.1-29-15 allows rescission for concealment “whether intentional or unintentional”, that is, failing to communicate what you know and ought to communicate (26.1-29-14). For a misrepresentation, 26.1-29-25 requires intent to deceive or an increased risk of loss; how courts apply these sections to an incomplete answer was not checked. Name every veterinarian and every visit when you apply.
• A bad-faith claim only after winning on the contract. If 26.1-39-29 applies to a pet insurer (not established), you first need a final court judgment that the contract was breached.
• Deadlines for reopened claims. If 26.1-39-30 applies to a pet policy (not established), a claim can be reopened only with notice within one year after the date of loss.
• The cancellation rules may not apply. If the Department treats pet policies as inland marine or outside 26.1-39-10, the limits on cancellation reasons and the 45-day nonrenewal notice do not apply, and only the contract terms remain.
• The refund on early cancellation depends on claims. Healthy Paws: if no claim was submitted. Pets Best: if nothing was paid, and the policy is void from the start. ASPCA: if nothing was applied to the deductible or reimbursed. Figo and Embrace: if no claim was made; otherwise the first month is not refunded. See refund lost after an early claim.

What to do

• Before buying, ask in writing which form and which endorsements your policy will be issued on.
• If your price goes up, ask the insurer in writing for rate information under 26.1-25-09 and, separately, for a review of how its rating system was applied to you. If the insurer neither grants nor rejects the review request within 30 days, you may treat it as rejected; the insurer’s action may be appealed to the commissioner within 30 days after written notice of it.
• Ask for your claims history under NDAC 45-05-04: in writing, dated, signed and notarized, saying whether to send it to you or to your agent; the answer is due within 20 days.
• Keep the date you gave notice of loss. If no proof-of-loss form arrives within 20 days, cite 26.1-32-08.
• You can request rate filings in effect from the Department: name the company, the type of filing and the period.
• If your policy is cancelled or not renewed and the notice gives no reason, ask in writing for the reason and mail or deliver the request at least 10 days before the cancellation or expiration date (26.1-39-15, 26.1-39-16, if they apply); complain to the Department.