LD 1853
pg. 8
Page 7 of 15 PUBLIC Law Chapter 671 Page 9 of 15
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LR 2725
Item 1

 
F.__"Modified policy form and rate filing" and "modified
filing" mean any modified policy form and modified rate
filed with the superintendent under subsection 9.

 
G.__"Net direct premiums" means gross direct written
premiums on basic property and casualty insurance in this
State less return premiums upon cancelled contracts,
irrespective of reinsurance assumed or ceded.

 
H.__"Program" means the mandatory property and casualty
insurance market assistance program described in this
section.

 
I.__"Underserved areas or risk types," "underserved areas"
and "underserved risk types" mean specific geographic areas
or property risk types in this State that the superintendent
designates by rule as not having reasonable access to basic
property and casualty insurance.

 
2.__Authority to establish program.__If the superintendent
establishes a voluntary market assistance plan in accordance with
section 2325-A to increase the availability of basic property and
casualty insurance in this State and the superintendent
determines after a public hearing that the number of insurers
participating in the voluntary market assistance plan is
insufficient or that a sufficient number of risks has not been
written through the plan, then the superintendent may establish a
mandatory property and casualty insurance market assistance
program in accordance with this section.__The superintendent
shall adopt rules regarding the level of insufficient
participation in the voluntary market assistance plan that is
necessary for the establishment of a program under this section.__
The provisions in the rules governing a determination of
insufficient participation in the voluntary market assistance
plan must take into account the length of time the voluntary
market assistance plan is operational.

 
3.__Mandatory insurer participation.__All insurers, except
eligible surplus lines insurers, authorized to write and engaged
in writing in this State, on a direct basis, basic property and
casualty insurance shall cooperate in organizing a program as
required by subsection 4.__Every such insurer must be a member of
the program and remain a member as long as the insurer has net
direct premiums on basic property and casualty insurance in this
State.

 
4.__Required action by superintendent.__If the superintendent
determines that a program under this section should be
established in accordance with the requirements of subsection 2,
the superintendent shall:


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