LD 1601
pg. 8
Page 7 of 9 An Act To Authorize the Superintendent of Insurance To Establish a Fair Access ... Page 9 of 9
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LR 2026
Item 1

 
A.__Examine the operation of the association and the
inspection bureau through free access to all the books,
records, files, papers and documents relating to their
operation and may summon, qualify and examine as witnesses all
persons having knowledge of such operations, including the
governing committee or officers or employees of the
association;

 
B.__Do all things necessary to enable the State and the
association to fully participate in any federal program of
reinsurance that may be enacted for purposes similar to the
purposes of this section;

 
C.__Require such reports from the association concerning
risks insured by the association pursuant to this section as
may be considered necessary;

 
D.__Adopt policy forms, endorsements, rates and rating and
rule manuals for use by the association; and

 
E.__Establish a consumer education program designed to
increase the ability of consumers to differentiate among
different products and providers in the property and
casualty market.

 
15.__Rules.__The superintendent may adopt rules to implement
this section.__Rule adopted pursuant to this subsection are
routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
SUMMARY

 
This bill provides that the Superintendent of Insurance may
establish a Fair Access to Insurance Requirements Plan, or FAIR
Plan, under certain circumstances, if the superintendent
determines, after a public hearing, that in all or any part of
the State residential property insurance is not reasonably
available in the voluntary market to a substantial number of
insurable risks. The FAIR Plan would be developed and
administered by the FAIR Plan Association, a nonprofit
association appointed by the superintendent that includes members
from the insurance industry and the public. The FAIR Plan
Association would develop and administer a program for
participation by all licensed insurers writing residential
property insurance in this State that would make residential
property insurance available to applicants in underserved areas
whose property is insurable in accordance with reasonable


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