Subdivision 1. [Repealed, 1979 c 175 s 1]
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. If the Minnesota FAIR plan pays less than the whole amount mentioned in the policy for a total loss, pursuant to this paragraph, the Minnesota FAIR plan shall refund to the insured the premium paid attributable to the difference between the whole amount mentioned in the policy and the amount paid for the total loss.
Subd. 3. Agreement on amount of loss. Policies on farm buildings or other structures may, in consideration of a reduction in the premium by the company, include a provision determining the amount of loss in connection with repair or replacement of the insured property.
Subd. 4. Prorating provided. If there are two or more policies upon the property, each shall contribute to the payment of the whole or partial loss in proportion to the amount specified.
Subd. 5. Coinsurance provision. Any policy may contain a coinsurance clause, if the insured requests the same, in writing, of which fact such writing shall be the only evidence, and if, in consideration thereof, a reduction in the rate of premium is made by the company. When so demanded and attached to the policy, this agreement shall be binding upon both the insured and the company, and, in case of loss, the actual cash value of the property so insured at the time of the loss, including the buildings, shall be the basis for determining the proper amount of the coinsurance, and the amount of loss, notwithstanding any previous valuation of the building.
Subd. 6. Term of policies. No company shall knowingly issue any policy upon property in this state for a longer term than five years.
1967 c 395 art 6 s 8; 2005 c 66 s 1; 1Sp2005 c 7 s 1
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.