When a creditor requires a debtor to provide insurance on real or personal property security against reasonable risks of loss, damage, or destruction, no insurance shall be sold or placed by or through the creditor if the debtor provides the creditor with a loss payable through existing policies of insurance that the debtor owns or controls. This section does not apply if the existing insurance is in an amount less than the amount of indebtedness to be secured on the real or personal property.
This section does not prevent the disapproval of the insurer or a policy of insurance where there are reasonable grounds for believing that the insurer is insolvent or that the insurance is unsatisfactory as to placement with an unauthorized insurer, adequacy of the coverage, adequacy of the insurer to assume the risk to be insured, the assessment features to which the policy is subject, or other grounds that are based on the nature of the coverage and that are not arbitrary, unreasonable, or discriminatory. This section does not prevent a mortgage lender or mortgage servicer from requiring that a policy of insurance or renewal of the policy be in conformance with standards of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, nor does this section forbid the securing of a policy of insurance or a renewal of the policy at the request of the borrower or because of the borrower's failure to furnish the necessary insurance or renewal.
This section supersedes any inconsistent provision of law to the contrary.
1989 c 330 s 25
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 65A — Fire And Related Insurance
Section 65A.01 — Minnesota Standard Fire Insurance Policy.
Section 65A.02 — Joint Policy.
Section 65A.03 — Binders, Temporary Insurance.
Section 65A.04 — Effect On Section 65a.08.
Section 65A.05 — Nuclear Reaction, Radiation Or Radioactive Contamination; Endorsement.
Section 65A.06 — Motor Vehicle, Ocean And Inland Marine Policies.
Section 65A.061 — Creditors Limited To Existing Insurance.
Section 65A.07 — Cancellation Of Fire Policy.
Section 65A.08 — Special Provisions.
Section 65A.09 — Insurance In Excess Of Replacement Cost.
Section 65A.11 — Payment To Mortgagee.
Section 65A.12 — Waiver Of Right To Appraisal.
Section 65A.13 — Liability Of Company.
Section 65A.14 — Person Who Procures An Application Agent Of Issuing Company.
Section 65A.16 — Guaranty Surplus And Special Reserve Fund.
Section 65A.17 — Action Of Stockholders Filed With Commissioner.
Section 65A.18 — Dividends Declared Out Of Surplus Profits.
Section 65A.20 — Items Considered In Estimating Profit.
Section 65A.21 — Investment Of Guaranty Surplus.
Section 65A.22 — Investment Of Special Reserve Fund.
Section 65A.23 — When Claims Exceed Guaranty Surplus And Capital Stock.
Section 65A.24 — Stockholders To Make Up Impairment.
Section 65A.26 — Hail Insurance, Policies, Loss Adjustment.
Section 65A.28 — Disclosure And Filing Requirements.
Section 65A.285 — Surcharge Prohibition.
Section 65A.29 — Cancellation; Nonrenewal; Refusal To Write.
Section 65A.295 — Homeowner's Insurance Coverage.
Section 65A.296 — Proof Of Loss.
Section 65A.30 — Day Care Services; Coverage.
Section 65A.301 — Adult Foster Care Services; Coverage.
Section 65A.302 — Flood Insurance Coverage; Disclosure Of Noncoverage.
Section 65A.31 — Minnesota Fair Plan Act.
Section 65A.34 — Plan Coverage.
Section 65A.35 — Administration.
Section 65A.36 — Underwriting.
Section 65A.37 — Policy Forms.
Section 65A.38 — Policy Cancellation.
Section 65A.40 — Education Programs.
Section 65A.42 — Immunity From Liability.
Section 65A.45 — Residential Renter's Insurance Policy.
Section 65A.50 — Trust Or Escrow Accounts; Insured Real Property Fire Or Explosion Loss Proceeds.