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This entry was published on 2014-09-22
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SECTION 5403
Procedures
Insurance (ISC) CHAPTER 28, ARTICLE 54
§ 5403. Procedures. (a) Any person having an insurable interest in
insurable property, who has made a diligent effort in the normal
insurance market to procure fire insurance, extended coverage and
coverage for additional perils and broad form coverage pursuant to
subsection (g) of section five thousand four hundred two of this article
and homeowners insurance upon a determination of necessity having been
made by the superintendent pursuant to section five thousand four
hundred twelve of this article from an authorized insurer, is entitled
to apply to the association for such coverage. Such application may be
made on behalf of an applicant by a broker or agent authorized by him.

(b) If the association determines that (i) the property is insurable
in accordance with the plan and (ii) there is no unpaid, uncontested
premium due from the applicant for prior insurance on the property (as
shown by the insured having failed to make written objection to charges
within thirty days after billing), the association, upon receipt of the
premium or portion prescribed in the plan, shall cause a policy of fire
insurance or homeowners insurance upon a determination of necessity
having been made by the superintendent pursuant to section five thousand
four hundred twelve of this article to be issued for a term of one year.
The fire insurance policy shall also include, upon application therefor,
extended coverage, broad form coverage pursuant to subsection (g) of
section five thousand four hundred two of this article and coverage for
additional perils as may be requested.

(c) Any member may cede fire insurance, extended coverage, broad form
coverage pursuant to subsection (g) of section five thousand four
hundred two of this article and coverage for additional perils and
homeowners insurance upon a determination of necessity having been made
by the superintendent pursuant to section five thousand four hundred
twelve of this article written on insurable property to the association
as provided in the plan.

(d) The association shall notify those policyholders whose insured
properties are located in areas served by a market assistance program
established by the superintendent for the purpose of facilitating
placement of homeowners' insurance of the possibility of eligibility for
coverage through such program. Such notification shall include
information on how to apply and such other information as required by
the superintendent.