as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/27/2003 |
1.1 A bill for an act 1.2 relating to insurance; regulating the FAIR plan; 1.3 amending Minnesota Statutes 2002, sections 65A.29, 1.4 subdivision 4; 65A.32; 65A.33, subdivisions 4, 6, 9, 1.5 by adding subdivisions; 65A.34; 65A.35; 65A.36; 1.6 65A.37; 65A.375; 65A.38, subdivisions 1, 5; 65A.40; 1.7 65A.41; 65A.42; repealing Minnesota Statutes 2002, 1.8 section 65A.33, subdivision 5. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2002, section 65A.29, 1.11 subdivision 4, is amended to read: 1.12 Subd. 4. [FORM REQUIREMENTS.] Any notice or statement 1.13 required by subdivisions 1 to 3, or any other notice canceling a 1.14 homeowner's insurance policy must be written in language which 1.15 is easily readable and understandable by a person of average 1.16 intelligence and understanding. The statement of reason must be 1.17 sufficiently specific to convey, clearly and without further 1.18 inquiry, the basis for the insurer's refusal to renew or to 1.19 write the insurance coverage. 1.20 The notice or statement must also inform the insured of: 1.21 (1) the possibility of coverage through the Minnesota 1.22property insurance placement facilityFAIR plan under sections 1.23 65A.31 to 65A.42; 1.24 (2) the right to object to the commissioner under 1.25 subdivision 9; and 1.26 (3) the right to the return of unearned premium in 1.27 appropriate situations under subdivision 10. 2.1 Sec. 2. Minnesota Statutes 2002, section 65A.32, is 2.2 amended to read: 2.3 65A.32 [PURPOSES.] 2.4 The purposes of sections 65A.31 to 65A.42 are: 2.5 (1) to encourage stability in the property and liability 2.6 insurance market for property located in this state; 2.7 (2) to encourage maximum use, in obtaining property and 2.8 liability insurance, as defined in sections 65A.31 to 65A.42, of 2.9 the normal insurance market provided by the private property and 2.10 casualty insurance industry; 2.11 (3) to encourage the improvement of the condition of 2.12 properties located in this state and to further orderly 2.13 community development generally; 2.14 (4) to provide for an organization known as the Minnesota 2.15property insurance placement facilityFAIR plan, which will 2.16 assure fair access to insurance requirements(FAIR plan)in 2.17 order that no propertyshall beis denied property or liability 2.18 insurance through the FAIR plan due to the condition of the 2.19 property, except after a physical inspection ofsuchthe 2.20 property and a fair evaluation of its individual underwriting 2.21 characteristics; 2.22 (5) to publicize the purposes and procedures of the FAIR 2.23 plan to the end that no one may fail to seek its assistance 2.24 through lack of knowledge of its existence; and 2.25 (6) to provide for the formulation and administration by 2.26 the Minnesotaproperty insurance placement facilityFAIR plan of 2.27 a reinsurance arrangement whereby property and casualty insurers 2.28shallshare equitably the responsibility for insuring insurable 2.29 property for which property and liability insurance cannot be 2.30 obtained through the normal insurance markets. 2.31 Sec. 3. Minnesota Statutes 2002, section 65A.33, 2.32 subdivision 4, is amended to read: 2.33 Subd. 4. "Minnesotaproperty insurance placement2.34facilityFAIR plan,"hereinafter referred to as the facility,or 2.35 "plan," means the organization formed by insurers to assist 2.36 applicants in securing property or liability insurance and to 3.1 administer the FAIR plan. 3.2 Sec. 4. Minnesota Statutes 2002, section 65A.33, is 3.3 amended by adding a subdivision to read: 3.4 Subd. 5a. [MEMBER.] "Member" means any insurer as defined 3.5 in subdivision 2. 3.6 Sec. 5. Minnesota Statutes 2002, section 65A.33, 3.7 subdivision 6, is amended to read: 3.8 Subd. 6. "Premiums written" meansgrossdirect written 3.9 premiums charged during the second preceding calendar year with 3.10 respect to property in this stateon all policies of property or3.11liability insurance and the property or liability insurance3.12premium components of all multiperil policies, as computed by3.13the facility, less return premiums, dividends paid or credited3.14to policyholders, or the unused or unabsorbed portions of3.15premium depositsfor fire, allied lines, homeowners, the 3.16 nonliability component of farm policies, and the nonliability 3.17 component of commercial multiperil policies, as reported by the 3.18 members to the NAIC. 3.19 Sec. 6. Minnesota Statutes 2002, section 65A.33, 3.20 subdivision 9, is amended to read: 3.21 Subd. 9. [BOARD.] "Board" means the governing board of 3.22 directors of the Minnesotaproperty insurance placement facility3.23 FAIR plan. 3.24 Sec. 7. Minnesota Statutes 2002, section 65A.33, is 3.25 amended by adding a subdivision to read: 3.26 Subd. 10. [NAIC.] "NAIC" means the National Association of 3.27 Insurance Commissioners. 3.28 Sec. 8. Minnesota Statutes 2002, section 65A.34, is 3.29 amended to read: 3.30 65A.34 [APPLICATION FORPLAN COVERAGE.] 3.31 Subdivision 1. [APPLICATION.] Any person having an 3.32 insurable interest in real or tangible personal property who has 3.33 been canceled, nonrenewed, or otherwise rejected for coverage in 3.34 the private marketshall be entitled tomay submit an 3.35 application for coverage to thefacilityplan. If an inspection 3.36 of the premises is performed, it must be done at no cost to the 4.1 applicant. 4.2 Subd. 2. [INSPECTIONS.] Before the plan may deny coverage 4.3 due to the condition of the property or write coverage with a 4.4 condition charge, it must first inspect the property for which 4.5 coverage has been requested. The manner and scope of the 4.6 inspections of Minnesota FAIR plan businessshallmust be 4.7 prescribed by thefacilityplan with the approval of the 4.8 commissioner. 4.9 Subd. 3. [INITIAL INSPECTION REPORT.] An inspection report 4.10shallmust be made for each property inspected. The 4.11 reportshallmust cover pertinent structural and occupancy 4.12 features as well as the general condition of the building and 4.13 surrounding structures. A representative photograph of the 4.14 property may be taken during the inspection. 4.15 Subd. 4. [CONDITION CHARGES.] Either during the inspection 4.16 or immediatelythereafterafter the inspection, an employee of 4.17 the FAIR plan shall inform the applicant as to the features that 4.18 result in a condition charge if the risk is accepted. No 4.19 inspectorshall havehas the authority to advise whether 4.20 thefacilityplan will provide the coverage. 4.21 Subd. 5. [COMPLETED INSPECTION REPORT.] Within ten 4.22 business days after the inspection, the FAIR plan shall prepare 4.23 or have prepared a completed inspection report that includes 4.24 conditions that are subject to a condition charge under the 4.25 rating plan approved by the commissioner. A copy of the 4.26 inspection report must be made available to the applicant or the 4.27 applicant's agent upon request. 4.28Subd. 6. Before the facility may deny coverage or write4.29coverage with a condition charge, it must cause an inspection to4.30be made of any risk submitted to it, without cost to the owner.4.31 Sec. 9. Minnesota Statutes 2002, section 65A.35, is 4.32 amended to read: 4.33 65A.35 [ADMINISTRATION.] 4.34 Subdivision 1. [MEMBERSHIP.] Each insurerwhich is4.35 authorized to write andisengaged in writing within this state, 4.36 on a direct basis, property or liability insurance or any 5.1 componentthereofof this insurance contained in a multiperil 5.2 policy, including homeowners and commercial multiperil policies, 5.3 shall participate in thefacility, as hereinafter5.4described,plan as a condition of its authority to write such 5.5 kinds of insurance within this state. 5.6 Subd. 2. [PURPOSES.] The purposes of thefacility shall be5.7twofold, as more fully set forth in this sectionMinnesota FAIR 5.8 plan are: 5.9 (1) to formulate and administer, subject to the approval of 5.10 the commissioner, a plan assuring fair access to insurance 5.11 requirements in order that no propertyshall beis denied 5.12 property or liability insurance through thenormal insurance5.13market provided by the private property and casualty insurance5.14industryFAIR plan due to the condition of the property, except 5.15 after a physical inspection ofsuchthe property and a fair 5.16 evaluation of its individual underwriting characteristics; and 5.17 (2) to formulate and administer, subject to the approval of 5.18 the commissioner, a reinsurance arrangement whereby the members 5.19 of thefacility shallMinnesota FAIR plan share equitably the 5.20 responsibility for insuring property which is insurable but for 5.21 which property or liability insurance cannot be obtained through 5.22 normal insurance markets. 5.23 Subd. 3. [PLAN OF OPERATION.] The plan of operation of the 5.24facilityMinnesota FAIR plan, consistent with the provisions of 5.25 sections 65A.31 to 65A.42 and the purpose of thefacility, which5.26shallplan must provide for the FAIR plan, the reinsurance 5.27 arrangement, and the economical and efficient administration of 5.28 thefacilityMinnesota FAIR plan, including, but not limited to, 5.29 management of thefacilityplan, establishment of necessary 5.30 facilities within this state, assessment of members to defray 5.31 losses and expenses, commission arrangements, reasonable 5.32 underwriting standards, acceptance and cession of reinsurance, 5.33 and procedures for determining amounts of insurance to be 5.34 provided. 5.35 The plan of operationshall beis subject to approval by 5.36 the commissioner. 6.1 Subd. 4. [AMENDMENT OF THE PLAN OF OPERATION.] The 6.2facilityMinnesota FAIR plan shall,amend the plan of operation 6.3 on its own initiative, subject to prior approval by the 6.4 commissioner, or at the direction of the commissioner, amend the6.5Plan of Operation. 6.6 Subd. 5. [ADMINISTRATION.] (1) Thefacility shall be6.7 Minnesota FAIR plan is administered by a board of nine 6.8 directors, five of whom are elected by the members of 6.9 thefacilityplan and four who represent the public. Public 6.10 directors may include licensed insurance agents. Public 6.11 directors are appointed by the commissioner.At least one6.12elected director shall be a domestic stock insurer, and at least6.13one director shall be a domestic nonstock insurer.No less than 6.14 two elected directors must be domestic insurers. In the 6.15 election of directors, each member of thefacility shall be6.16 Minnesota FAIR plan is allotted votes bearing the same ratio to 6.17 the total number of votes to be cast as its degree of 6.18 participation in thefacilityplan bears to the total 6.19 participation. 6.20 (2) Any vacancy among the elected directorsshallmust be 6.21 filled by a vote of the other elected directors. 6.22 (3) If at any time the members fail to elect the required 6.23 number of directors to the board, or a vacancy remains unfilled 6.24 for more than 15 days, the commissioner may appoint the 6.25 directors necessary to constitute a full board of directors. 6.26 (4) Vacancies among directors appointed by the commissioner 6.27shallmust be filled by appointment by the commissioner. A 6.28 person so appointed serves until the end of the term of the 6.29 director the person is replacing. 6.30 (5) All public directors serve for a period of two years. 6.31 The terms of all public directors begin onJanuaryJuly 1 of the 6.32 year their appointments begin. 6.33 (6) The plan of operation must provide for adequate 6.34 compensation of public directors. A per diem amount and a 6.35 procedure for reimbursement of expenses incurred in the 6.36 discharge of their duties must be included in the plan. Private 7.1 directorswhose employers compensate them while serving on the7.2board or who would submit their compensation to their employers7.3 are not eligible for compensationunder the plan. 7.4 Subd. 6. [PARTICIPATION.] All members of the 7.5facilityMinnesota FAIR plan shall participate in its expenses, 7.6 losses, and equity distribution in the proportion that the 7.7 premiums written ashereindefined in this subdivision, but 7.8 excluding that portion, if any, of premiumswhich is7.9 attributable to the reinsurance arrangement maintained by the 7.10 facility, by each such member during the second preceding 7.11 calendar year bear to the aggregate premiums written in this 7.12 state by all members of thefacilityplan.SuchParticipation 7.13 by each member in thefacility shall beplan is determined 7.14 annually by thefacilityplan on the basis of such premiums 7.15 written during the second preceding calendar year as disclosed 7.16 in the annual statements and other reports filed by the member 7.17 with thecommissionerNAIC. 7.18 Sec. 10. Minnesota Statutes 2002, section 65A.36, is 7.19 amended to read: 7.20 65A.36 [UNDERWRITING.] 7.21 Subdivision 1. [EVALUATION OF RISK.] Agents are not 7.22 permitted to bind coverage. ThefacilityMinnesota FAIR plan 7.23 shall issue a policy if the risk meets preliminary underwriting 7.24 requirements. Thefacilityplan may request an inspection 7.25 report to obtain further underwriting information. If the 7.26 inspection reveals that the applicant is not eligible for the 7.27 coverage applied for, thefacilityplan shall inform the 7.28 applicant within 59 days of the inception of the policy that the 7.29 policy will be rescinded under section 65A.01, subdivision 3, 7.30 paragraph (b), or canceled under section 65A.38. If the 7.31 applicant is eligible for other coverage provided by 7.32 thefacilityplan, thefacilityplan will offer to replace the 7.33 rescinded or canceled policy with a policy providing coverage 7.34 for which the applicant is eligible. 7.35 Before the 60th day after the inception of the policy, the 7.36facilityFAIR plan shall advise the applicant that: 8.1(a)(1) the risk is acceptable with or without a condition 8.2 charge or adjustment of policy limits. If a condition charge 8.3 applies, thefacilityplan will tell the insured what 8.4 improvements are necessary in order to remove the charge; 8.5(b)(2) the risk is not acceptable unless improvements 8.6 noted by thefacilityplan are made by the applicant and 8.7 confirmed by thefacilityplan; or 8.8(c)(3) the risk is not acceptable for the reasons stated 8.9 by thefacilityplan. 8.10 Subd. 2. [PREMIUM INVOICE.] If the risk is accepted, an 8.11 invoice will be delivered to the applicant requiringpayment8.12 remittance of the appropriate premiumamount.After receipt of8.13the invoiced premium, the facility shall issue an insurance8.14policy to the applicant within five business days.8.15 Subd. 3. [DECLINING A RISK.] In the event a risk is 8.16 declined because it fails to meet reasonable underwriting 8.17 standards, the applicantshallmust be so notified. Reasonable 8.18 underwriting standardsshallinclude, but are notbelimited to,8.19the following: 8.20(a)(1) the physical condition of the property, such as its 8.21 construction, heating, wiring, evidence of previous 8.22 fires, significant unrepaired damage, or general deterioration; 8.23(b) its(2) the present use or housekeeping of the property 8.24 such as vacancy, overcrowding, storage of rubbish, or flammable 8.25 materials; or 8.26(c)(3) other specific characteristics of ownership, 8.27 condition, occupancy, or maintenance which are violative of 8.28 public policy and result in increased exposure to loss. 8.29 Neighborhood or area location or any environmental hazard 8.30 beyond the control of the property ownershallare notbe deemed8.31to beacceptable criteria for declining a risk. 8.32 Subd. 4. [APPEAL OF PLAN DECISION.] In the event that a 8.33 risk is declined on the basis that it does not meet reasonable 8.34 underwriting standards, or the coverage will be written on 8.35 condition that the property be improved, thefacilityplan 8.36 shall, within five business days, send copies of the inspection 9.1 report to the applicant and the commissioner, and shall advise 9.2 the applicant of the right to and the procedure for an appeal to 9.3 the governing board and to the commissioner. 9.4 Subd. 5. [ACTION ON COMPLETED APPLICATION.] Thefacility9.5 plan must within five business days of the receipt of a 9.6 completed application advise the applicant that the risk has 9.7 been declined, the risk has been accepted, or that therisk9.8meets preliminary underwriting standards and a policy has been9.9issuedlimit of coverage has been adjusted to reflect the 9.10 insurable value of the subject property. 9.11 Sec. 11. Minnesota Statutes 2002, section 65A.37, is 9.12 amended to read: 9.13 65A.37 [POLICY FORMS.] 9.14 All policiesshallmust be on standard policy formsat loss9.15costspublished by Insurance Services Office, issued for a term 9.16 of one year, and approved by the commissioner.All homeowners,9.17cooperative housing insurance, and condominium unit owners9.18insurance policies must be on forms published by Insurance9.19Services Office and approved by the commissioner.9.20 Sec. 12. Minnesota Statutes 2002, section 65A.375, is 9.21 amended to read: 9.22 65A.375 [RATESFOR COOPERATIVE HOUSING AND NEIGHBORHOOD9.23REAL ESTATE TRUSTS.] 9.24 The commissioner shall set the insurance rates for 9.25 cooperative housing, organized under chapter 308A, and for 9.26 neighborhood real estate trusts, characterized as nonprofit 9.27 ownership of real estate with resident control. The rates must 9.28 be actuarially sound. All other rates used by the Minnesota 9.29 FAIR plan must be approved by the commissioner prior to use. 9.30 Sec. 13. Minnesota Statutes 2002, section 65A.38, 9.31 subdivision 1, is amended to read: 9.32 Subdivision 1. ThefacilityMinnesota FAIR plan shall not 9.33 cancel a policy issued under sections 65A.31 to 65A.42 except 9.34for: 9.35(a)(1) for cause which would have been grounds for 9.36 nonacceptance of the risk under the program had the cause been 10.1 known to thefacilityplan at the time of acceptance; 10.2(b)(2) for nonpayment of premium; or 10.3(c)(3) with the approval of the governing board. 10.4 Sec. 14. Minnesota Statutes 2002, section 65A.38, 10.5 subdivision 5, is amended to read: 10.6 Subd. 5. Cancellation of a commercial property insurance 10.7 policy issued by thefacilityMinnesota FAIR plan must comply 10.8 with sections 60A.35 to 60A.38. 10.9 Sec. 15. Minnesota Statutes 2002, section 65A.40, is 10.10 amended to read: 10.11 65A.40 [EDUCATION PROGRAMS.] 10.12 Thefacilityplan will undertake a continuing public 10.13 education program, in cooperation with producers and others, to 10.14 assure that the Minnesota FAIR Plan Act receives adequate public 10.15 attention. 10.16 Sec. 16. Minnesota Statutes 2002, section 65A.41, is 10.17 amended to read: 10.18 65A.41 [AGENTS.] 10.19 Subdivision 1. [GENERALLY.] A person licensed under 10.20 chapter 60K may submit an application for coverage to 10.21 thefacilityMinnesota FAIR plan and receive a commission from 10.22 thefacilityplan forsubmitting the applicationpremiums paid 10.23 for coverage. However, the licensee is not an agent of 10.24 thefacilityMinnesota FAIR plan for purposes of state law. All 10.25 checks or similar instruments submitted in payment offacility10.26 plan premiums must be made payable to thefacilityMinnesota 10.27 FAIR plan and not the agent. 10.28 Subd. 2. [DUTY TO SUBMIT APPLICATION.] An agent or broker 10.29 shall not refuse to submit an application for basic property 10.30 insurance coverage to thefacilityMinnesota FAIR plan if 10.31 licensed to write and actively engaged in writing such insurance. 10.32 Sec. 17. Minnesota Statutes 2002, section 65A.42, is 10.33 amended to read: 10.34 65A.42 [IMMUNITY FROM LIABILITY.] 10.35 Thereshall beis no civil or criminal liability on the 10.36 part of, and no cause of action of any natureshall arisearises 11.1 against insurers, thefacilityMinnesota FAIR plan, the 11.2 governing board, or employees of thefacilityplan or the 11.3 commissioner or the commissioner's authorized representatives, 11.4 for any acts or omissions by them if the acts or omissions were 11.5 in good faith and within the scope of their responsibilities 11.6 under sections 65A.31 to 65A.42. The inspection reports and 11.7 communications of the inspection vendors and thefacility11.8 Minnesota FAIR plan are not public documents. 11.9 Sec. 18. [REPEALER.] 11.10 Minnesota Statutes 2002, section 65A.33, subdivision 5, is 11.11 repealed.