LD 1601
pg. 5
Page 4 of 9 An Act To Authorize the Superintendent of Insurance To Establish a Fair Access ... Page 6 of 9
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LR 2026
Item 1

 
association, and the association is the proper party for
all purposes in any action brought under or in connection
with any such policy.

 
The requirements in subparagraph (1) and subparagraph (2)
must be set forth in any policy issued by the association
and the form and content of any such policy are subject to
the approval of the superintendent.

 
C.__The association is authorized to assume and cede
reinsurance in conformity with the plan of operation.

 
D.__Each insurer must participate in the writings, expenses,
profits and losses of the association in the proportion that
its net direct premiums written bear to the aggregate net
direct premiums written by all insurers.

 
6.__Property inspection; FAIR Plan procedure.__The following
provisions govern property inspection and FAIR Plan procedure.

 
A.__Any person having an insurable interest in real or
tangible personal property at a fixed location in an
underserved area who, after diligent effort, has been unable
to obtain residential property insurance, as evidenced by 2
current declinations from insurers actually writing
residential property insurance in the State, is entitled
upon application to the association to an inspection and
evaluation of the property by representatives of the
inspection bureau.

 
B.__An application may be made on behalf of the applicant by
a licensed producer and must be submitted on a form
prescribed by the association.

 
C.__Promptly after the request for inspection is received,
an inspection must be made and an inspection report filed
with the association and made available to the applicant
upon request.

 
D.__If the inspection bureau finds that the residential
property meets the reasonable underwriting standards
established in the plan of operation, the applicant must be
so informed in writing and a policy or binder must be issued
by the association.__If the residential property does not
meet the criteria, the applicant must be informed, in
writing, of the reasons for the failure of the residential
property to meet the criteria.

 
E.__If, at any time, the applicant makes improvements in the
residential property or its condition that the applicant


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