| | | (9)__Reasonable underwriting standards for determining | | insurability of the risk; |
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| | | (10)__Procedures for the assumption and ceding of | | reinsurance by the association; and |
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| | | (11)__Any other procedures or operational matters | | considered necessary by the governing committee or the | | superintendent. |
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| | | 4.__FAIR Plan Association.__Pursuant to procedures and | | requirements set forth in the plan of operation under subsection | | 3, paragraph C, the FAIR Plan Association shall develop and | | administer a program for participation by all insurers writing | | residential property insurance in this State.__The association | | shall make residential property insurance available to applicants | | in underserved areas whose property is insurable in accordance | | with reasonable underwriting standards but who, after diligent | | efforts, are unable to procure such insurance through the | | voluntary market as evidenced by 2 declinations from insurers | | actually writing residential property insurance in the State. |
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| | | 5.__Powers of association; centralized operations authorized.__ | | The following are the powers and centralized operations of the | | association. |
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| | | A.__The association is authorized, for FAIR Plan purposes | | only, to issue policies of insurance and endorsements to | | policies of insurance in its own name or a trade name duly | | adopted for that purpose and to act on behalf of all | | participating insurers in connection with these policies and | | otherwise in any manner necessary to accomplish the purposes | | of this section, including, but not limited to, issuance of | | policies, collection of premiums, issuance of cancellations | | and payment of commissions, losses, judgments and expenses. |
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| | | B.__The participating insurers are liable to the association | | as provided in this section and the plan of operation for | | the expenses and liabilities so incurred by the association, | | and the association shall make assessments against the | | participating insurers as required to meet such expenses and | | liabilities.__In connection with any policy issued by the | | association: |
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| | | (1)__Service of any notice, proof of loss, legal | | process or other communication with respect to the | | policy must be made upon the association; and |
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| | | (2)__Any action by the insured constituting a claim under the | | policy may be brought only against the |
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