reglab/housing_qa huggingface dataset:
MN Stat § 65A.16 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.16 — Guaranty Surplus And Special Reserve Fund.

65A.16 GUARANTY SURPLUS AND SPECIAL RESERVE FUND. Any insurance company organized under the laws of this state authorized to transact a fire insurance business may create the funds herein provided for, to be known and designated as the guaranty surplus fund and the special reserve fund, and may avail itself of the provisions of sections 65A.16 to 65A.24, upon complying with the requirements thereof. History:  1967 c 395 art 6 s 16; 1997 c 7 art 1 s 19
MN Stat § 65A.17 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.17 — Action Of Stockholders Filed With Commissioner.

65A.17 ACTION OF STOCKHOLDERS FILED WITH COMMISSIONER. Any such insurance company, desiring to create such funds, may do so if such action is authorized by its stockholders, upon the adoption of a resolution to that effect by its board of directors at a regular meeting of the board, or at any special meeting called for that purpose, and filing with the commissioner a copy thereof, declaring the intention of the company to create these funds and to do business under the provisions of sections 65A.16 to 65A.24; and, as soon after the filing of a copy of the resolution as convenient, the commissioner shall make, or cause to be made, an examination of the company, and shall make a certificate of the result thereof, which shall particularly set forth the amount of surplus funds held by the company at the date of the examination, the whole or any part of which, under the provisions of sections 65A.16 to 65A.24, may be equally divided between and set apart to constitute guaranty surplus and special reserve funds, which certificate shall be recorded in the Department of Commerce. History:  1967 c 395 art 6 s 17; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1986 c 444; 1997 c 7 art 1 s 19
MN Stat § 65A.18 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.18 — Dividends Declared Out Of Surplus Profits.

65A.18 DIVIDENDS DECLARED OUT OF SURPLUS PROFITS. After the date of filing any such resolution with the commissioner, the company shall not make or declare or pay in any form any dividend upon its capital stock, exceeding eight percent per annum thereupon and six percent per annum upon the surplus funds to be formed hereunder, until after its guaranty surplus fund and its special reserve fund shall have together accumulated to an amount equal to its capital stock or to the sum of $2,000,000; and any part of the surplus profits of the company above this annual dividend may be equally divided between and set apart to constitute the guaranty surplus fund and the special reserve fund, which funds shall be held and used as hereinafter provided, and not otherwise. Any company doing business under sections 65A.16 to 65A.24, whose guaranty surplus fund and special reserve fund shall have together accumulated to an amount equal to its capital stock or to the sum of $2,000,000, may, from time to time, declare dividends out of its surplus profits in such amounts as its board of directors may prescribe, subject only to the limitation that the payment of these dividends shall not deplete its capital, nor reduce the aggregate amount of the guaranty surplus and special reserve funds to an amount less than the amount of its capital stock, or if its capital stock exceeds $2,000,000, to an amount less than $2,000,000; and, subject to the further limitation that no dividends exceeding ten percent upon the capital stock shall be declared in any year if the payment thereof would reduce the aggregate amount of all surplus funds, including guaranty surplus and special reserve funds, below an amount equal to 30 percent of its unearned premiums. Any company doing business under sections 65A.16 to 65A.24, which shall declare or pay any dividend contrary to the provisions herein contained, shall be liable to be proceeded against under chapter 60B for its dissolution. History:  1967 c 395 art 6 s 18; 1969 c 708 s 63; 1997 c 7 art 1 s 19
MN Stat § 65A.19 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.19 — Examination.

65A.19 EXAMINATION. When the company shall notify the commissioner that it has fulfilled the requirements already expressed in sections 65A.16 to 65A.24, and that its guaranty surplus fund and its special reserve fund, taken together, equal its capital stock or amount to the sum of $2,000,000, the commissioner shall make an examination of the company and make a certificate of the result thereof, and file the same in the commissioner's office and, if the commissioner shall find that the combined funds shall equal the capital stock of the company or amount to the sum of $2,000,000, thereafter the company may continue, out of any subsequent profits of its business, to add to these funds; provided, that when any addition is made to the special reserve fund, an equal sum shall be carried to the guaranty surplus fund. History:  1967 c 395 art 6 s 19; 1986 c 444; 1997 c 7 art 1 s 19
MN Stat § 65A.20 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.20 — Items Considered In Estimating Profit.

65A.20 ITEMS CONSIDERED IN ESTIMATING PROFIT. In estimating the profit of any such company for the purpose of making a division thereof between the guaranty surplus fund and the special reserve fund, until these funds shall together amount to a sum equal to the capital stock of the company or amount to the sum of $2,000,000, there shall be deducted from the gross assets of the company, including for this purpose the amount of the special reserve fund, the sum of the following items: (1) the amount of all outstanding claims; (2) an amount sufficient to meet the liability of the company for the unearned premiums upon its unexpired policies, which amount shall at least equal one-half the premiums received on policies having one year or less to run from the date of policy, and a pro rata proportion of the premiums received on the policies having more than one year to run from the date of policy, and shall be known as the reinsurance liability; (3) the amount of its guaranty surplus fund and of its special reserve fund; (4) the amount of the capital of the company; and (5) interest at the rate of eight percent per annum upon the amount of capital, and six percent per annum upon the amount of the said funds for whatever time shall have elapsed since the last preceding cash dividend. The balance shall constitute the net surplus of the company, any portion of which is subject to an equal division between these funds, as herein provided. History:   1967 c 395 art 6 s 20
MN Stat § 65A.21 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.21 — Investment Of Guaranty Surplus.

65A.21 INVESTMENT OF GUARANTY SURPLUS. The guaranty surplus shall be held and be invested by the company in the same manner as its capital stock and surplus accumulation may be held and be invested, and shall be liable and applicable in the same manner as the capital stock to the payment generally of the losses of the company. History:   1967 c 395 art 6 s 21
MN Stat § 65A.22 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.22 — Investment Of Special Reserve Fund.

65A.22 INVESTMENT OF SPECIAL RESERVE FUND. The special reserve fund shall be invested according to existing laws relating to investments of capital by fire insurance companies and shall be deposited, from time to time, as the same shall accumulate and be invested, with the commissioner in accordance with section 60A.10, subdivision 4, who shall permit the company depositing the same to change these deposits by substituting for those withdrawn others of equal amount and value, and to collect and receive the interest or dividends upon these securities as the same may accrue; and this fund shall not be regarded as any part of the assets in possession of the company, so as to be or render the same liable for any claim for loss by fire, or otherwise, except as provided in sections 65A.16 to 65A.24. History:  1967 c 395 art 6 s 22; 1974 c 425 s 7; 1997 c 7 art 1 s 19
MN Stat § 65A.24 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.24 — Stockholders To Make Up Impairment.

65A.24 STOCKHOLDERS TO MAKE UP IMPAIRMENT. If, at any time after the special reserve fund shall have been accumulated by any company, the directors of the company shall present evidence satisfactory to the commissioner that the capital of the company has become impaired, the commissioner shall order the directors to call upon the stockholders to make up this impairment, and the board of directors may thereupon require the necessary payment by the stockholders to make good the whole of the impairment, or they may apply for that purpose the whole or any part of the special reserve fund and require of the stockholders payment of such amount as may be necessary to make up the balance of the impairment not made up out of the special reserve fund. The stock of every stockholder shall be pledged and liable for the amount assessed to make up the impairment, either in whole or in part, and in case any stockholder refuses to pay the assessment, the stock standing in that person's name may be sold at public auction, after 30 days' notice, in such manner as the directors may provide. If the board of directors elect to make good the impairment, or any part thereof, out of the special reserve fund, the commissioner shall, upon request of the board, transfer to the company so much of the special reserve fund as is necessary for the purpose. No company doing business under sections 65A.16 to 65A.24 shall insure any larger amount upon any single risk than is permitted by law to a company possessing the same amount of capital, irrespective of the fund provided for in sections 65A.16 to 65A.24. History:  1967 c 395 art 6 s 24; 1986 c 444; 1997 c 7 art 1 s 19
MN Stat § 65A.26 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.26 — Hail Insurance, Policies, Loss Adjustment.

65A.26 HAIL INSURANCE, POLICIES, LOSS ADJUSTMENT. Every policy of insurance against damage by hail issued by any company, however organized, must provide as follows: "In case of loss under this policy, and failure of the parties to agree as to the amount of the loss, it is mutually agreed that, on written demand of either party, the company and the insured each shall select a competent appraiser and notify the other of the appraiser selected within ten days of the demand. The appraisers shall first select a competent and disinterested umpire; and, failing for ten days to agree upon the umpire, then, on request of either appraiser, the umpire shall be selected by a judge of a court of record in the state in which the property covered is located. By mutual agreement the two appraisers may agree to have the umpire selected by a judge of a court of record and waive the ten-day provision. The appraisers and the umpire shall then appraise the loss. A written award of any two of these persons determines the amount of loss. The written award of a majority of these referees is final and conclusive upon the parties as to amount of loss, and this selection, unless waived by the parties, is a condition precedent to any right of action to recover for a loss. No suit for the recovery of any claim by virtue of this policy may be sustained unless commenced within one year after the loss occurred." The policy must also provide the form, manner, and length of notice to be given to the company by the insured of any loss sustained. History:  1967 c 395 art 6 s 26; 1973 c 363 s 1; 1974 c 161 s 4; 1983 c 208 s 2
MN Stat § 65A.27 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.27 — Definitions.

65A.27 DEFINITIONS. Subdivision 1. Scope. For purposes of sections 65A.27 to 65A.302, the following terms have the meanings given. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. Subd. 3. Decline or declination. "Decline" or "declination" means an agent's refusal to accept an application for homeowner's insurance or an insurer's refusal to issue a policy of homeowner's insurance to a person who has submitted a written application. Subd. 4. Homeowner's insurance. "Homeowner's insurance" means insurance coverage, as provided in section 60A.06, subdivision 1, clause (1)(c), normally written by the insurer as a standard homeowner's package policy or as a standard residential renter's package policy. This definition includes, but is not limited to, policies that are generally described as homeowner's policies, mobile/manufactured homeowner's policies, dwelling owner policies, condominium owner policies, and tenant policies. Subd. 5. Insurer. "Insurer" means any insurer licensed to write insurance, as defined in section 60A.06, subdivision 1, clause (1), and writing homeowner's insurance in this state. Subd. 6. Metropolitan area. "Metropolitan area" means the area defined in section 473.121, subdivision 2. Subd. 7. Nonpayment of premium. "Nonpayment of premium" means a failure of the named insured to pay the premium when due on a policy of homeowner's insurance or any installment of the premium, whether the premium is payable directly to the insurer or its agent or indirectly under a premium finance plan or an extension of credit. Subd. 8. Renewal or renew. "Renewal" or "renew" means an insurer's issuance and delivery to the insured of a new insurance policy at the end of the policy period of an existing policy written by the insurer or an insurer's issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. History:  1979 c 207 s 2; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1996 c 326 s 1; 1999 c 177 s 64; 2009 c 178 art 1 s 33
MN Stat § 65A.28 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.28 — Disclosure And Filing Requirements.

65A.28 DISCLOSURE AND FILING REQUIREMENTS. Subdivision 1. Annual report. Each insurer writing homeowner's insurance for property located in the metropolitan area or a statutory or home rule charter city of the first class shall compile and file annually with the commissioner on or before May 1 a report for the preceding calendar year. This report shall contain the following information reported by postal zip code areas for each zip code area located in a city of the first class which contains property for which the insurer wrote, declined to write, or canceled homeowner's insurance: (a) the number of policies written; (b) the number of policies canceled; (c) the number of policies nonrenewed; and (d) the number of applications for homeowner's insurance declined. If the commissioner determines that additional information is necessary to effectuate the purposes of sections 65A.27 to 65A.29 and 72A.20, subdivision 13, the commissioner may require, by rule: (i) that the required information be reported for additional areas of the state, or (ii) that additional types of information, including premium and claims data, be reported for some or all of the areas subject to the reporting requirements. If the commissioner has reason to believe that an insurance company or insurance agent has violated section 72A.20, subdivision 13 or 14, the commissioner may issue an order requiring the company or agent to compile and submit within a reasonable time information on its homeowner's insurance marketing, underwriting, or rating practices for a specific geographic area or areas. This information may be in addition to the types and categories of information required to be reported by this section or rules promulgated under subdivision 4. Subd. 2. Reports available for public inspection. The commissioner shall make the reports filed pursuant to subdivision 1 available for public inspection. Subd. 3. Failure to report; penalty. Any insurer required to report under this section which fails to file a report, containing the data and within the time prescribed by this section or rules promulgated under subdivision 4, shall be subject to a penalty of $10 for each day in default. Any penalty imposed under this section may be recovered in a civil action brought by and in the name of the state. Subd. 4. Rules. The commissioner may prescribe rules necessary to carry out the purposes of this section. The rules may provide for classifications, differentiations, adjustments or exceptions, as in the judgment of the commissioner are necessary and proper to effectuate the purposes of, prevent circumvention or evasion of, or to facilitate compliance with this section. History:  1979 c 207 s 3; 1986 c 444
MN Stat § 65A.285 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.285 — Surcharge Prohibition.

65A.285 SURCHARGE PROHIBITION. Subdivision 1. Surcharge prohibition. An insurer may not impose a surcharge on homeowners insurance solely as a result of a consumer inquiry. Subd. 2. Definitions. For purposes of this section: (1) "consumer inquiry" means a telephone call or other communication made to an insurer that does not result in a paid claim and that is in regard to the general terms or conditions of or coverage offered under an insurance policy. The term includes a question concerning the process for filing a claim and whether a policy will cover a loss; and (2) "surcharge" means an increase in premium for a policy, including the removal of a claim-free discount. History:   2014 c 198 art 4 s 7
MN Stat § 65A.295 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.295 — Homeowner's Insurance Coverage.

65A.295 HOMEOWNER'S INSURANCE COVERAGE. (a) Every insurer writing homeowner's insurance in this state shall make available at least one form of homeowner's policy for each level of peril coverage offered by the insurer in which the insured has the option to specify the dollar amount of coverage provided for structures other than the dwelling and for personal property. The premium must be reduced to reflect the reduced risk of lesser coverage. (b) Coverage for structures other than the dwelling is the coverage provided under "Coverage B, Other Structures" in the standard homeowner's policy. Coverage for personal property is the coverage provided under "Coverage C, Personal Property" in the standard homeowner's package policy. (c) "Level of peril" refers to basic, broad, and all risk levels of coverage. History:  1987 c 293 s 1; 1996 c 446 art 1 s 55
MN Stat § 65A.296 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.296 — Proof Of Loss.

65A.296 PROOF OF LOSS. Subdivision 1. Notice from insurer. After receiving written notice of a claim by an insured on a homeowner's insurance policy, the insurer may notify the insured that the insurer may deny the claim unless a completed proof of loss is received by the insurer within 60 days of the date on which the written notice under this subdivision was received by the insured. The notice given by the insurer must be sent by certified mail, return receipt requested, and must include a proof of loss form to be completed by the insured together with accompanying instructions for completing the form. The proof of loss form and the accompanying instructions must meet the readability standards of chapter 72C. Subd. 2. Failure to complete timely proof of loss. In an action for the recovery of a claim on a homeowner's insurance policy, an insured's failure to comply with the 60-day proof of loss requirement: (1) is a bar to recovery if the insured received the notice specified in subdivision 1, unless the insured demonstrates to the court's satisfaction that the insured had good cause for failing to comply; (2) is not a bar to recovery if the insured did not receive the notice specified in subdivision 1, unless the insurer demonstrates to the court's satisfaction that its rights were prejudiced by the insured's failure to comply. Subd. 3. Definitions. For purposes of this section, the terms "insurer" and "homeowner's insurance" have the meanings given them in section 65A.27. Subd. 4. Effect on other law. This section supersedes any inconsistent provision of section 65A.01, 72A.201, or other law. History:  1996 c 285 s 1; 1997 c 77 s 1
MN Stat § 65A.297 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.297 — Active Duty Member Of Armed Services Reserve Or National Guard; Use In Underwriting Prohibited.

65A.297 ACTIVE DUTY MEMBER OF ARMED SERVICES RESERVE OR NATIONAL GUARD; USE IN UNDERWRITING PROHIBITED. No insurer, including the Minnesota FAIR plan, shall refuse to renew, decline to offer or write, reduce the limits of, cancel, or charge differential rates for equivalent coverage for any coverage in a homeowner's policy because the dwelling is vacant or occupied by a caretaker if the insured's absence is caused solely by the insured being called to active duty as a member of the armed services reserve or the National Guard. History:   2005 c 132 s 19
MN Stat § 65A.30 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.30 — Day Care Services; Coverage.

65A.30 DAY CARE SERVICES; COVERAGE. Subdivision 1. No coverage. There shall be no coverage under a day care provider's homeowner's insurance for losses or damages arising out of the operation of day care services unless: (1) specifically covered in a policy; or (2) covered by a rider for business coverage attached to a policy. For purposes of this section, "day care" means "family day care" and "group family day care" as defined in Minnesota Rules, part 9502.0315. "Day care" does not include care provided by an individual who is related, as defined in Minnesota Rules, part 9502.0315, to the person being cared for or care provided by an unrelated individual to persons from a single family of persons related to each other. Subd. 2. Prohibited underwriting practices. No insurer shall refuse to renew, or decline to offer or write, homeowner's insurance coverage solely because the property to be covered houses day care services for five or fewer children. History:  1996 c 326 s 2; 2004 c 239 s 1
MN Stat § 65A.301 (2021)
2021 Minnesota Statutes|Chapters 59A - 79A — Insurance|Chapter 65A — Fire And Related Insurance|Section 65A.301 — Adult Foster Care Services; Coverage.

65A.301 ADULT FOSTER CARE SERVICES; COVERAGE. Subdivision 1. No coverage. There shall be no coverage under a foster care for adults provider's homeowner's insurance policy for losses or damages arising out of the operation of foster care for adults services unless: (1) specifically covered in a policy; or (2) covered by a rider for business coverage attached to a policy. For purposes of this section, "foster care for adults" has the meaning given in section 245A.02, subdivision 6c. Subd. 2. Prohibited underwriting practices. No insurer shall refuse to renew, or decline to offer or write, homeowner's insurance coverage solely because the property to be covered houses foster care for adults services for five or fewer adult residents. History:   2006 c 215 s 1