SF 314

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to insurance; the Minnesota FAIR plan; 
  1.3             regulating property and liability coverage; amending 
  1.4             Minnesota Statutes 2004, section 65A.08, subdivision 2.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2004, section 65A.08, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [AMOUNT COLLECTIBLE.] In the absence of any 
  1.9   change increasing the risk, without the consent of the insurer, 
  1.10  of which the burden of proof shall be upon it, and in the 
  1.11  absence of intentional fraud on the part of the insured, the 
  1.12  insurer shall pay the whole amount mentioned in the policy or 
  1.13  renewal upon which it receives a premium, in case of total loss, 
  1.14  and in case of partial loss, the full amount thereof.  
  1.15     This subdivision does not apply to policies issued by the 
  1.16  Minnesota FAIR plan pursuant to section 65A.36, provided that, 
  1.17  in the case of a total loss, the premium paid attributable to 
  1.18  the difference between the whole amount mentioned in the policy 
  1.19  and the amount paid for the loss is refunded to the insured. 
  1.20     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  1.21     Section 1 is effective the day following final enactment 
  1.22  and applies to policies issued or renewed on or after that date.