Subdivision 1. Evaluation of risk. Agents are not permitted to bind coverage. The Minnesota FAIR plan shall issue a policy if the risk meets preliminary underwriting requirements. The plan may request an inspection report to obtain further underwriting information. If the inspection reveals that the applicant is not eligible for the coverage applied for, the plan shall inform the applicant within 59 days of the inception of the policy that the policy will be rescinded under section 65A.01, subdivision 3, paragraph (b), or canceled under section 65A.38. If the applicant is eligible for other coverage provided by the plan, the plan will offer to replace the rescinded or canceled policy with a policy providing coverage for which the applicant is eligible.
Before the 60th day after the inception of the policy, the FAIR plan shall advise the applicant that:
(1) the risk is acceptable with or without a condition charge or adjustment of policy limits. If a condition charge applies, the plan will tell the insured what improvements are necessary in order to remove the charge;
(2) the risk is not acceptable unless improvements noted by the plan are made by the applicant and confirmed by the plan; or
(3) the risk is not acceptable for the reasons stated by the plan.
Subd. 2. Premium invoice. If the risk is accepted, an invoice will be delivered to the applicant requiring remittance of the appropriate premium.
Subd. 3. Declining a risk. In the event a risk is declined because it fails to meet reasonable underwriting standards, the applicant must be so notified. Reasonable underwriting standards include, but are not limited to:
(1) the physical condition of the property, such as its construction, heating, wiring, evidence of previous fires, significant unrepaired damage, or general deterioration;
(2) the present use or housekeeping of the property such as vacancy, overcrowding, storage of rubbish, or flammable materials; or
(3) other specific characteristics of ownership, condition, occupancy, or maintenance which are violative of public policy and result in increased exposure to loss.
Neighborhood or area location or any environmental hazard beyond the control of the property owner are not acceptable criteria for declining a risk.
Subd. 4. Appeal of plan decision. In the event that a risk is declined on the basis that it does not meet reasonable underwriting standards, or the coverage will be written on condition that the property be improved, the plan shall, within five business days, send copies of the inspection report to the applicant and the commissioner, and shall advise the applicant of the right to and the procedure for an appeal to the governing board and to the commissioner.
Subd. 5. Action on completed application. The plan must within five business days of the receipt of a completed application advise the applicant that the risk has been declined, the risk has been accepted, or that the limit of coverage has been adjusted to reflect the insurable value of the subject property.
1969 c 483 s 6; 1986 c 444; 1993 c 248 s 9; 1999 c 120 s 7,8; 2003 c 40 s 13
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.