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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 66-S.F.No. 314 
                  An act relating to insurance; the Minnesota FAIR plan; 
                  regulating property and liability coverage; amending 
                  Minnesota Statutes 2004, section 65A.08, subdivision 2.
           Section 1.  Minnesota Statutes 2004, section 65A.08, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AMOUNT COLLECTIBLE.] (a) In the absence of any 
        change increasing the risk, without the consent of the insurer, 
        of which the burden of proof shall be upon it, and in the 
        absence of intentional fraud on the part of the insured, the 
        insurer shall pay the whole amount mentioned in the policy or 
        renewal upon which it receives a premium, in case of total loss, 
        and in case of partial loss, the full amount thereof.  
           (b) Notwithstanding paragraph (a), on a policy issued by 
        the Minnesota FAIR plan under section 65A.36, the Minnesota FAIR 
        plan may contest the whole amount set forth in the policy in the 
        case of a total loss.  If the Minnesota FAIR plan takes the 
        position that the value of the property was less than the whole 
        amount set forth in the policy, the Minnesota FAIR plan has the 
        burden of proving by clear and convincing evidence that the 
        value was less than that set forth in the policy. 
           Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
           Section 1 is effective the day following final enactment 
        and applies to policies issued or renewed on or after that date. 
           Presented to the governor May 19, 2005 
           Signed by the governor May 23, 2005, 11:40 a.m.