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65A.34 Application for coverage.

Subdivision 1. Any person having an insurable interest in real or tangible personal property who has been canceled, nonrenewed, or otherwise rejected for coverage in the private market shall be entitled to submit an application for coverage to the facility. If an inspection of the premises is performed, it must be done at no cost to the applicant.

Subd. 2. The manner and scope of the inspections of FAIR plan business shall be prescribed by the facility with the approval of the commissioner.

Subd. 3. An inspection report shall be made for each property inspected. The report shall cover pertinent structural and occupancy features as well as the general condition of the building and surrounding structures. A representative photograph of the property may be taken during the inspection.

Subd. 4. Either during the inspection or immediately thereafter, an employee of the FAIR plan shall inform the applicant as to the features that result in a condition charge if the risk is accepted. No inspector shall have authority to advise whether the facility will provide the coverage.

Subd. 5. Within ten business days after the inspection, the FAIR plan shall prepare or have prepared a completed inspection report that includes conditions that are subject to a condition charge under the rating plan approved by the commissioner. A copy of the inspection report must be made available to the applicant or the applicant's agent upon request.

Subd. 6. Before the facility may deny coverage or write coverage with a condition charge, it must cause an inspection to be made of any risk submitted to it, without cost to the owner.

HIST: 1969 c 483 s 4; 1986 c 444; 1986 c 455 s 44; 1993 c 248 s 7; 1999 c 120 s 4-6

Official Publication of the State of Minnesota
Revisor of Statutes