Provides for the establishment of the Fair Access to Insurance Requirements Plan. (BDR 57-103)

Sections 2-18 of this bill provide for the establishment of the Fair Access to Insurance Requirements (FAIR) Plan to provide property insurance coverage and commercial property insurance coverage which results from the perils of fire or certain other perils when such coverage is not otherwise available from an authorized insurer in this State. Sections 2-8 define certain terms relating to the FAIR Plan. Section 9 creates the Fair Access to Insurance Requirements Plan Association to establish, offer and maintain the FAIR Plan. Section 9 requires any authorized insurer that offers or sells certain property insurance or commercial property insurance in this State to be a member of the Association. Sections 10-12 create the Board of Directors for the Association and prescribe the duties of the Board, which include establishing the FAIR Plan, developing a plan of operation for the FAIR Plan and making amendments to the plan of operation, subject to approval of the Commissioner of Insurance. Section 12 establishes the required contents of the plan of operation for the FAIR Plan. Sections 12 and 17 authorize the Commissioner to adopt regulations relating to the FAIR Plan. Section 13 authorizes the Commissioner to revoke approval of all or part of the plan of operation and make changes to the plan of operation if the plan of operation is insufficient. Sections 14 and 15 establish provisions governing the issuance of policies and collecting certain fees from Association members. Section 16 authorizes the Commissioner to take certain actions against an Association member who fails to pay certain fees or otherwise comply with the plan of operation for the FAIR Plan. Section 18 makes a final action or order of the Commissioner relating to the FAIR Plan subject to judicial review.

• Danielle GallantR
• Rich DeLongR