LD 1601
pg. 4
Page 3 of 9 An Act To Authorize the Superintendent of Insurance To Establish a Fair Access ... Page 5 of 9
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LR 2026
Item 1

 
(9)__Reasonable underwriting standards for determining
insurability of the risk;

 
(10)__Procedures for the assumption and ceding of
reinsurance by the association; and

 
(11)__Any other procedures or operational matters
considered necessary by the governing committee or the
superintendent.

 
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.

 
5.__Powers of association; centralized operations authorized.__
The following are the powers and centralized operations of the
association.

 
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.

 
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:

 
(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

 
(2)__Any action by the insured constituting a claim under the
policy may be brought only against the


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