LD 1601
pg. 6
Page 5 of 9 An Act To Authorize the Superintendent of Insurance To Establish a Fair Access ... Page 7 of 9
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LR 2026
Item 1

 
believes are sufficient to make the residential property meet
the criteria, a representative of the inspection bureau shall
reinspect the residential property upon request. In any case,
the applicant for residential property insurance is eligible
for one reinspection any time within 60 days after the initial
FAIR Plan inspection.__If upon reinspection 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.

 
7.__Approval of rates.__The association shall file with the
superintendent for approval the proposed rates and supplemental
rate information to be used in connection with the issuance of
policies or endorsements.__Rates must be set in an amount
sufficient to carry all claims to maturity and to meet the
expenses incurred in the writing and servicing of the business.__
Within 60 days of the filing of the proposed rates, the
superintendent shall enter an order either approving or
disapproving, in whole or in part, the proposed rates.__The
superintendent may, upon notice to the association, extend the
period for entering an order under this section an additional 30
days.__Such a policy or endorsement may not be issued until such
time as the superintendent approves the rates to be applied to
the policy or endorsement.__An order disapproving a rate must
state the grounds for the disapproval and the findings in support
of the disapproval.

 
8.__Appeals; judicial review.__The following provisions govern
appeals and judicial review.

 
A.__Any applicant or affected insurer has the right of
appeal to the superintendent.__A decision of the association
may be appealed to the superintendent within 30 days after
such decision.

 
B.__All orders or decisions of the superintendent made
pursuant to this section constitute final agency action and
are subject to judicial review in accordance with the Maine
Administrative Procedure Act.

 
9.__Immunity from liability.__There is no liability on the
part of and no cause of action against insurers, the inspection
bureau, the association, the governing committee or their agents
or employees or the superintendent or the superintendent's
authorized representatives with respect to any inspection
required to be undertaken by this section or for any acts or
omissions in connection with such an inspection or for any
statements made in any report and communication concerning the
insurability of the property, in the findings required by the


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