reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.302 — Flood Insurance Coverage; Disclosure Of Noncoverage.

65A.302 FLOOD INSURANCE COVERAGE; DISCLOSURE OF NONCOVERAGE.
Every insurer shall annually provide a written notice to the policyholder entitled "Important Information About Damage Caused by Flooding." This title must be in at least 18-point type. The notice must disclose that the policy does not cover damage caused by flooding and disclose sufficient information to allow the policyholder to contact the National Flood Insurance Program to inquire about purchasing flood insurance. The following language satisfies the notice requirements of this section:
"The policy does not cover damage to your property caused by flooding. Flood insurance is available to communities and property that participate in the National Flood Insurance Program ("NFIP"). Not all communities participate in the NFIP. Flood insurance may be available even if you do not live in a flood hazard area as defined by the NFIP. If your community does not participate in the NFIP, you may contact your insurance agent or broker to see if there is other flood insurance coverage available to you."
The disclosure may also inform the policyholders that the insurer offers flood insurance as a participant in the NFIP's "Write Your Own" program.
History:
2008 c 293 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.303 — Homeowner's Liability Insurance; Dogs.

65A.303 HOMEOWNER'S LIABILITY INSURANCE; DOGS.
Subdivision 1.
Discrimination prohibited.
An insurer writing homeowner's insurance for property is prohibited from (1) refusing to issue or renew an insurance policy or contract, or (2) canceling an insurance policy or contract based solely on the fact that the homeowner harbors or owns one dog of a specific breed or mixture of breeds.
Subd. 2.
Exception.
(a) Subdivision 1 does not prohibit an insurer from (1) refusing to issue or renew an insurance policy or contract, (2) canceling an insurance policy or contract, or (3) imposing a reasonably increased premium or rate for an insurance policy or contract based on a dog meeting the criteria of a dangerous dog or potentially dangerous dog under section 347.50, or based on sound underwriting and actuarial principles that are reasonably related to actual or anticipated loss experience.
(b) Subdivision 1 does not prohibit an insurer from (1) refusing to issue or renew an insurance policy or contract, (2) canceling an insurance policy or contract, or (3) imposing a reasonably increased premium or rate for an insurance policy or contract if the dog has a history of causing bodily injury or if the dog owner has a history of owning other animals who caused bodily injury.
History:
2023 c 57 art 2 s 57
NOTE:
This section, as added by Laws 2023, chapter 57, article 2, section 57, is effective April 1, 2024. Laws 2023, chapter 57, article 2, section 57, the effective date.
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.31 — Minnesota Fair Plan Act.

65A.31 MINNESOTA FAIR PLAN ACT.
Sections 65A.31 to 65A.42 shall be known and may be cited as the "Minnesota FAIR Plan Act."
History:
1969 c 483 s 1; 1993 c 248 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.32 — Purposes.

65A.32 PURPOSES.
The purposes of sections 65A.31 to 65A.42 are:
(1) to encourage stability in the property and liability insurance market for property located in this state;
(2) to encourage maximum use, in obtaining property and liability insurance, as defined in sections 65A.31 to 65A.42, of the normal insurance market provided by the private property and casualty insurance industry;
(3) to encourage the improvement of the condition of properties located in this state and to further orderly community development generally;
(4) to provide for an organization known as the Minnesota FAIR plan, which will assure fair access to insurance requirements in order that no property is denied property or liability insurance through the FAIR plan due to the condition of the property, except after a physical inspection of the property and a fair evaluation of its individual underwriting characteristics;
(5) to publicize the purposes and procedures of the FAIR plan to the end that no one may fail to seek its assistance through lack of knowledge of its existence; and
(6) to provide for the formulation and administration by the Minnesota FAIR plan of a reinsurance arrangement whereby property and casualty insurers share equitably the responsibility for insuring insurable property for which property and liability insurance cannot be obtained through the normal insurance markets.
History:
1969 c 483 s 2; 1986 c 455 s 42; 1993 c 248 s 3; 1999 c 120 s 1; 2003 c 40 s 5
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.33 — Definitions.

65A.33 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 65A.31 to 65A.42, unless the context otherwise requires, the terms defined in this section have the following meanings given to them.
Subd. 2.
Insurer.
"Insurer" means any insurance company or other organization licensed to write and engaged in writing property or liability insurance business, including the property or liability insurance components of multiperil policies, on a direct basis, in this state, except where such insurer is specifically exempted by statute from participation in this program.
Subd. 3.
Property or liability insurance.
"Property or liability insurance" means the coverage against direct loss to real or tangible personal property at a fixed location that is provided in the standard fire policy, extended coverage endorsement, homeowners insurance, as defined in section 65A.27, subdivision 4, cooperative housing insurance, condominium unit owners insurance, builders risk, and such vandalism and malicious mischief insurance and such other classes of insurance as may be added to the program with respect to said property by amendment as hereinafter provided. Property or liability insurance does not include automobile, commercial liability, or such manufacturing risks as may be excluded by the commissioner.
Subd. 4.
Minnesota FAIR plan.
"Minnesota FAIR plan," or "plan," means the organization formed by insurers to assist applicants in securing property or liability insurance and to administer the FAIR plan.
Subd. 5.
[Repealed, 2003 c 40 s 21]
Subd. 5a.
Member.
"Member" means any insurer as defined in subdivision 2.
Subd. 6.
Premiums written.
"Premiums written" means direct written premiums charged during the second preceding calendar year with respect to property in this state for fire, allied lines, homeowners, the nonliability component of farm policies, and the nonliability component of commercial multiperil policies, as reported by the members to the NAIC.
Subd. 7.
Commissioner.
"Commissioner" means the commissioner of commerce of the state of Minnesota.
Subd. 8.
[Repealed, 1993 c 248 s 17]
Subd. 9.
Board.
"Board" means the governing board of directors of the Minnesota FAIR plan.
Subd. 10.
NAIC.
"NAIC" means the National Association of Insurance Commissioners.
History:
1969 c 483 s 3; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1986 c 455 s 43; 1989 c 260 s 12; 1993 c 248 s 4-6; 1994 c 465 art 2 s 1; 1999 c 120 s 2,3; 2003 c 40 s 6-10
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.34 — Plan Coverage.

65A.34 PLAN COVERAGE.
Subdivision 1.
Application.
Any person having an insurable interest in real or tangible personal property who has been canceled, nonrenewed, or otherwise rejected for coverage in the private market may submit an application for coverage to the plan. If an inspection of the premises is performed, it must be done at no cost to the applicant.
Subd. 2.
Inspections.
Before the plan may deny coverage due to the condition of the property or write coverage with a condition charge, it must first inspect the property for which coverage has been requested. The manner and scope of the inspections of Minnesota FAIR plan business must be prescribed by the plan with the approval of the commissioner.
Subd. 3.
Initial inspection report.
An inspection report must be made for each property inspected. The report must cover pertinent structural and occupancy features as well as the general condition of the building and surrounding structures. A representative photograph of the property may be taken during the inspection.
Subd. 4.
Condition charges.
Either during the inspection or immediately after the inspection, an employee of the FAIR plan shall inform the applicant as to the features that result in a condition charge if the risk is accepted. No inspector has the authority to advise whether the plan will provide the coverage.
Subd. 5.
Completed inspection report.
Within ten business days after the inspection, the FAIR plan shall prepare or have prepared a completed inspection report that includes conditions that are subject to a condition charge under the rating plan approved by the commissioner. A copy of the inspection report must be made available to the applicant or the applicant's agent upon request.
Subd. 6.
[Repealed by amendment, 2003 c 40 s 11]
History:
1969 c 483 s 4; 1986 c 444; 1986 c 455 s 44; 1993 c 248 s 7; 1999 c 120 s 4-6; 2003 c 40 s 11
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.37 — Policy Forms.

65A.37 POLICY FORMS.
All policies must be on standard policy forms issued for a term of one year and approved by the commissioner.
History:
1969 c 483 s 7; 1986 c 455 s 47; 1993 c 248 s 10; 1999 c 120 s 9; 2003 c 40 s 14; 2008 c 344 s 41
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.375 — Rates.

65A.375 RATES.
The commissioner shall set the insurance rates for cooperative housing, organized under chapter 308A, and for neighborhood real estate trusts, characterized as nonprofit ownership of real estate with resident control. The rates must be actuarially sound. All other rates used by the Minnesota FAIR plan must be approved by the commissioner prior to use.
History:
1987 c 337 s 94; 1989 c 356 s 5; 1993 c 248 s 11; 2003 c 40 s 15
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.38 — Policy Cancellation.

65A.38 POLICY CANCELLATION.
Subdivision 1.
Reasons.
The Minnesota FAIR plan shall not cancel a policy issued under sections 65A.31 to 65A.42 except:
(1) for cause which would have been grounds for nonacceptance of the risk under the program had the cause been known to the plan at the time of acceptance;
(2) for nonpayment of premium; or
(3) with the approval of the governing board.
Subd. 2.
Notice and statement of reasons.
Except as otherwise required under subdivision 4 or 5, at least 15 days' notice of cancellation together with a statement of the reason therefor shall be sent to the insured with a copy sent to the commissioner.
Subd. 3.
Statement of appeal rights.
Any cancellation notice or notice of refusal to renew to the insured shall be accompanied by a statement that the insured has a right of appeal as hereinafter provided.
Subd. 4.
Homeowner's insurance.
Cancellation of homeowner's insurance, as defined in sections 65A.27 to 65A.29, is subject to the provisions of those sections.
Subd. 5.
Commercial property insurance.
Cancellation of a commercial property insurance policy issued by the Minnesota FAIR plan must comply with sections 60A.35 to 60A.38.
History:
1969 c 483 s 8; 1993 c 248 s 12; 1994 c 485 s 65; 1999 c 120 s 10; 2003 c 40 s 16,17
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.39 — Appeals.

65A.39 APPEALS.
(a) Any applicant or participating insurer shall have the right of appeal to the board of directors, which shall promptly determine the appeal. A decision of the board may be appealed to the commissioner within 30 days from notice of the action or decision. The commissioner shall promptly determine the appeal. Each denial of insurance shall be accompanied by a statement that the applicant has the right of appeal to the board and the commissioner and setting forth the procedures to be followed for the appeal. A final action of the commissioner is subject to judicial review as provided in chapter 14.
(b) In lieu of the appeal to the commissioner under paragraph (a), an applicant or insurer may seek judicial review of the board's action.
History:
1969 c 483 s 9; 1987 c 337 s 95; 1993 c 248 s 13
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.40 — Education Programs.

65A.40 EDUCATION PROGRAMS.
The plan will undertake a continuing public education program, in cooperation with producers and others, to assure that the Minnesota FAIR Plan Act receives adequate public attention.
History:
1969 c 483 s 10; 1993 c 248 s 14; 2003 c 40 s 18
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.41 — Agents.

65A.41 AGENTS.
Subdivision 1.
Generally.
A person licensed under chapter 60K may submit an application for coverage to the Minnesota FAIR plan and receive a commission from the plan for premiums paid for coverage. However, the licensee is not an agent of the Minnesota FAIR plan for purposes of state law. All checks or similar instruments submitted in payment of plan premiums must be made payable to the Minnesota FAIR plan and not the agent.
Subd. 2.
Duty to submit application.
An agent or broker shall not refuse to submit an application for basic property insurance coverage to the Minnesota FAIR plan if licensed to write and actively engaged in writing such insurance.
History:
1969 c 483 s 11; 1986 c 444; 1993 c 248 s 15; 2003 c 40 s 19
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.42 — Immunity From Liability.

65A.42 IMMUNITY FROM LIABILITY.
There is no civil or criminal liability on the part of, and no cause of action of any nature arises against insurers, the Minnesota FAIR plan, the governing board, or employees of the plan or the commissioner or the commissioner's authorized representatives, for any acts or omissions by them if the acts or omissions were in good faith and within the scope of their responsibilities under sections 65A.31 to 65A.42. The inspection reports and communications of the inspection vendors and the Minnesota FAIR plan are not public documents.
History:
1969 c 483 s 12; 1971 c 24 s 11; 1986 c 444; 1993 c 248 s 16; 1999 c 120 s 11; 2003 c 40 s 20
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.44 — Definitions.

65A.44 DEFINITIONS.
Subdivision 1.
Application.
The definitions in this section apply to this section and section 65A.45.
Subd. 2.
Insurer.
"Insurer" means an insurer licensed to write insurance and writing residential renter's insurance in this state.
Subd. 3.
Residential renter's insurance policy.
"Residential renter's insurance policy" means insurance coverage normally written by the insurer as a standard residential renter's package policy.
History:
1991 c 244 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65A — Fire And Related Insurance › Section 65A.45 — Residential Renter's Insurance Policy.

65A.45 RESIDENTIAL RENTER'S INSURANCE POLICY.
No insurer shall refuse to issue a single residential renter's insurance policy for the purpose of providing coverage to up to four individuals residing in the same household, if all of the individuals are named insureds on the policy and meet the insurer's normal underwriting requirements.
History:
1991 c 244 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.001 — Definitions.

65B.001 DEFINITIONS.
Subdivision 1.
Application.
Unless a different meaning is expressly made applicable, the terms defined in this section shall, for the purposes of this chapter, have the meanings given them.
Subd. 2.
Private passenger vehicle insurance.
"Private passenger vehicle insurance" means a policy insuring a natural person as named insured, and any relative of the named insured who is a resident of the same household, covering private passenger vehicles or utility vehicles owned by the insured. This term does not include a policy insuring more than four vehicles rated on a fleet basis or covering garage, automobiles sales agency, repair shop, service station or public parking place operation hazards.
Subd. 3.
Private passenger vehicle.
"Private passenger vehicle" means a passenger automobile defined in section 168.002, or a jeep type automobile, that is not rented to others or used as a public or livery conveyance for passengers.
Subd. 4.
Utility vehicle.
"Utility vehicle" means any four wheel vehicle, other than a private passenger vehicle, which has a pickup, van, or panel truck type body and is not used primarily in the occupation, profession or business of the insured, other than farming or ranching.
Subd. 5.
Motorcycle.
"Motorcycle" means a self-propelled vehicle designed to travel on fewer than four wheels that has an engine rated at greater than five horsepower, and includes a trailer with one or more wheels, when the trailer is connected to or being towed by a motorcycle. For purposes of this chapter, motorcycle includes a motorized bicycle as defined in section 169.011, subdivision 45, but does not include an electric-assisted bicycle as defined in section 169.011, subdivision 27.
History:
1977 c 366 s 1; 1984 c 592 s 52; 1987 c 269 s 1; 1989 c 140 s 1; 1996 c 435 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.01 — Purposes, Construction And Scope.

65B.01 PURPOSES, CONSTRUCTION AND SCOPE.
Subdivision 1.
Purpose.
The purposes of sections 65B.01 to 65B.12 are to provide the guarantee that automobile insurance coverage will be available to any person who is unable to procure such insurance through ordinary methods by providing a facility for the placement of automobile insurance risks with insurers, and to preserve to the public the benefits of price competition by encouraging maximum use of the normal private insurance system. Sections 65B.01 to 65B.12 shall be liberally construed to effect the purposes stated.
Subd. 2.
Scope and membership.
Every insurer authorized to write automobile liability or physical damage insurance in this state, as a condition precedent to being licensed or to retain such license to write such insurance in this state, shall be a member of the facility and shall participate therein under the terms and provisions of sections 65B.01 to 65B.12.
History:
1971 c 813 s 1; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1992 c 520 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.03 — Governing Committee.

65B.03 GOVERNING COMMITTEE.
Subdivision 1.
Membership.
An election must be held among every insurer subject to sections 65B.01 to 65B.12, for the election of insurer representatives on the facility governing committee. The governing committee shall be made up of nine individuals, five of whom shall be elected by members of the facility and four who shall be public members. Public members may include licensed insurance agents. The public members shall be appointed by the commissioner. The term of office for members of the governing committee is two years.
Each member serving on the governing committee shall be represented by a salaried employee of that member, and not more than one member in a group under the same management shall serve on the governing committee at the same time.
Subd. 2.
Terms of office.
The governing committee members shall serve two-year terms. Vacancies shall be filled as provided in the plan of operation.
History:
1971 c 813 s 3; 1973 c 756 s 1; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1Sp1985 c 10 s 66; 1986 c 444; 1987 c 337 s 96; 1992 c 520 s 6
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.04 — Plan Of Operation.

65B.04 PLAN OF OPERATION.
Subdivision 1.
[Repealed, 1992 c 520 s 18]
Subd. 1a.
Plan.
The plan of operation consists of the operation procedures of the facility.
Subd. 2.
[Repealed, 1992 c 520 s 18]
Subd. 3.
Amendments.
The plan of operation may be amended by a majority vote of the governing committee and the approval of the commissioner. An order by the commissioner disapproving an amendment to the plan of operation must be issued within 30 days of receipt by the commissioner of the proposed amendment, certified by the governing committee as having been adopted by that committee by a majority vote, or the amendment shall be deemed approved by the commissioner. An order of disapproval may be appealed as provided in chapter 14.
Subd. 4.
Adherence to plan.
Every insurer authorized to write automobile bodily injury liability, property damage liability or physical damage insurance in this state, as a condition to maintaining its authorization to transact the business of insurance in this state, shall adhere to the plan of operation.
History:
1971 c 813 s 4; 1983 c 247 s 34; 1986 c 444; 1992 c 520 s 7-9; 2001 c 215 s 29
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.05 — Power Of Facility, Governing Committee.

65B.05 POWER OF FACILITY, GOVERNING COMMITTEE.
The governing committee shall have the power to direct the operation of the facility in all pursuits consistent with the purposes and terms of sections 65B.01 to 65B.12, including but not limited to the following:
(1) To sue and be sued in the name of the facility and to assess each member in accord with its participation ratio to pay any judgment against the facility as an entity, provided, however, that no judgment against the facility shall create any liabilities in one or more members disproportionate to their participation ratio or an individual representing members on the governing committee.
(2) To delegate ministerial duties, to hire a manager and to contract for goods and services from others.
(3) To assess members on the basis of participation ratios to cover anticipated costs of operation and administration of the facility.
(4) To impose limitations on cancellation or nonrenewal by members of insureds covered pursuant to placement through the facility in addition to the limitations imposed by chapter 72A and sections 65B.1311 to 65B.21.
History:
1971 c 813 s 5; 1Sp1981 c 4 art 1 s 56; 1992 c 520 s 10; 2001 c 7 s 16
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.07 — Other Provisions And Functions.

65B.07 OTHER PROVISIONS AND FUNCTIONS.
Subdivision 1.
Optional deferred payment plan.
The facility shall provide one or more optional deferred payment plans, which shall include sufficient advance payment to, at all times, equal at least the pro rata earned premium, and such plans shall include additional charges for deferred payments.
Subd. 2.
[Repealed, 1992 c 520 s 18]
Subd. 3.
Public education.
The facility shall provide for publicizing its purposes and developing public understanding of the facility.
Subd. 4.
Annual financial statement and report.
The facility shall provide an annual financial statement on the facility's operation to the commissioner, and shall provide an annual report of operations to the commissioner and to all members so requesting.
Subd. 5.
[Repealed, 1995 c 258 s 67]
History:
1971 c 813 s 7; 1986 c 444; 1992 c 520 s 12
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.08 — Rates.

65B.08 RATES.
Subdivision 1.
Filing.
As agent for members, the facility shall file with the commissioner all manuals of classification, all manuals of rules and rates, all rating plans, and any modifications of same, proposed for use for automobile insurance placed through the facility. The classifications, rules and rates and any amendments thereto shall be subject to prior written approval by the commissioner. Rates, surcharge points, and increased limits factors filed by the facility shall not be excessive, inadequate, or unfairly discriminatory. No other entity, service or organization shall make filings for the facility or the members to apply to insurance placed through the facility.
Subd. 2.
Use of rates.
Every member shall be authorized to use the rates and rules approved by the commissioner for use by the facility on business placed through the facility, and shall use no other rates on automobiles placed through the facility.
Subd. 3.
Facility exempt.
Laws relating to rating organizations or advisory organizations shall not apply to functions provided for under this section.
History:
1971 c 813 s 8; 1992 c 520 s 13,14; 1995 c 258 s 48
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.09 — Agents.

65B.09 AGENTS.
Subdivision 1.
Agents' responsibility.
Every person licensed under sections 60K.30 to 60K.56 who is authorized to solicit, negotiate or effect automobile insurance on behalf of any member shall:
(1) offer to place coverage through the facility for any qualified applicant who is ineligible or unacceptable for coverage in the insurer or insurers for whom the agent is authorized to solicit, negotiate or effect automobile insurance. Provided, that the failure of an agent to make such an offer to a qualified applicant shall not subject the agent to any liability to the applicant;
(2) forward to the facility all applications and any deposit premiums which are required by the plan of operation, rules and procedures of the facility, if the qualified applicant accepts the offer to have coverage placed through the facility;
(3) be entitled to receive compensation for placing insurance through the facility at the uniform rates of compensation as provided in the plan of operation, and all members shall pay such compensation.
Subd. 2.
Agents' contracts.
A member may not include the premiums and losses incurred from risks insured through the facility in determining the loss ratio of any of its agents, or otherwise use the experience from such risks as cause for altering the relationship between the member and its agent.
History:
1971 c 813 s 9; 1986 c 444; 1992 c 520 s 15; 1993 c 13 art 2 s 3; 1995 c 258 s 49; 2001 c 117 art 2 s 14
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.10 — Eligibility.

65B.10 ELIGIBILITY.
Subdivision 1.
Eligibility for coverage.
To be eligible for coverage through the facility an otherwise qualified applicant must have been rejected, canceled or refused renewal with respect to automobile insurance by a member.
Subd. 2.
Termination of eligibility.
Eligibility for placement through the facility will terminate if an insured is offered equivalent coverage in the voluntary market at a rate lower than the facility rate. If the member that is required to provide coverage by the facility makes such an offer after giving 30 days' advance written notice to the agent of record before making the offer, the member shall have no further obligation to the agent of record.
Subd. 3.
Review of insureds.
At least annually, every member shall review every private passenger nonfleet applicant which it insures through the facility and determine whether or not such applicant is acceptable for voluntary insurance at a rate lower than the facility rate. If such applicant is acceptable, the member shall make an offer to insure the applicant under voluntary coverage at such lower rate.
History:
1971 c 813 s 10; 1986 c 444; 1992 c 520 s 16; 1995 c 258 s 50
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.11 — Use Of Facility By Public.

65B.11 USE OF FACILITY BY PUBLIC.
If, upon a formal hearing, the commissioner finds that a large proportion of qualified and eligible persons are failing to gain the benefits of the facility, the facility shall provide service to assist the public in making application to the facility for placement.
History:
1971 c 813 s 11
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.12 — Right To Hearing; Construction Of Plan Of Operation.

65B.12 RIGHT TO HEARING; CONSTRUCTION OF PLAN OF OPERATION.
Subdivision 1.
Hearing request.
Any member, applicant or person insured under a policy placed through the facility may request a formal hearing and ruling by the governing committee on any alleged violation of the plan of operation or any alleged improper act or ruling of the facility. The request for hearing must be filed within 30 days after the date of the alleged act or decision.
Subd. 2.
Plan of operation to provide.
The plan of operation shall provide for prompt and fair hearings, and shall prescribe the procedure to be followed in the hearings.
Subd. 3.
Appeal of governing committee ruling.
Any formal ruling by the governing committee may be appealed to the commissioner by filing notice of appeal with the facility and the commissioner within 30 days after issuance of the ruling. The hearing shall be governed by the procedures for contested cases.
Subd. 4.
Appeal hearing.
Upon a hearing pursuant to chapter 14, the commissioner shall issue an order approving or disapproving the action or decision of the governing committee or directing the governing committee to reconsider the ruling.
Subd. 4a.
Judicial review.
In lieu of the appeal to the commissioner, a member, applicant, or person may seek judicial review of the governing committee's action.
Subd. 5.
Plan interpretation.
The plan of operation shall be interpreted to conform to the laws of this state with respect to automobile insurance coverage and any changes in the laws, unless the facility is specifically excluded from the applicability of these laws.
History:
1971 c 813 s 12; 1987 c 337 s 97; 1992 c 520 s 17
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.1311 — Coverage For Former Spouse.

65B.1311 COVERAGE FOR FORMER SPOUSE.
Subdivision 1.
New policy issued.
An insurer must issue a policy of private passenger insurance to the former spouse of a named insured, within the provisions of subdivision 2, if the following conditions are met:
(1) the former spouse has been an insured driver under the former policy for at least the six months immediately preceding the entry of a valid decree of dissolution of marriage;
(2) the former spouse makes application for a policy before the end of the policy period or within 60 days after the entry of the decree of dissolution of marriage, whichever is later;
(3) the appropriate premium is paid; and
(4) the former spouse and any person or persons who are to be an insured, as defined in section 65B.43, meets the insurer's eligibility standards for renewal policies.
Subd. 2.
Named insured.
A named insured under a policy of private passenger vehicle insurance shall have the premium determined at the first and any subsequent renewals of the policy after entry of a valid decree of dissolution of the marriage of the named insured only on the basis of the driving record and rating classification applicable to the named insured and any person who is to be an insured, as defined in section 65B.43, under the policy to be renewed.
History:
1986 c 455 s 49; 1987 c 337 s 98
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.132 — Student Discounts; Eligibility.

65B.132 STUDENT DISCOUNTS; ELIGIBILITY.
Any insurance company providing discounts on automobile insurance premiums to eligible persons attending colleges and universities must provide the discount to eligible students enrolled in technical colleges.
History:
1975 c 44 s 1; 1987 c 258 s 12; 1989 c 246 s 2; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 13 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.134 — Comprehensive Coverage; Glass Breakage.

65B.134 COMPREHENSIVE COVERAGE; GLASS BREAKAGE.
Any policy of automobile insurance, as defined in section 65B.14, subdivision 2, providing comprehensive coverage, whether designated as such or included in a policy providing broader coverage, must provide at the option of the insured complete coverage for repair or replacement of all damaged safety glass without regard to any deductible or minimum amount.
History:
1983 c 292 s 2
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.135 — Limousine Insurance.

65B.135 LIMOUSINE INSURANCE.
An insurer who provides insurance for limousines, defined in section 168.002, subdivision 15, shall provide insurance in a minimum aggregate amount of $1,500,000 per accident for each limousine covered. The insurance coverage may be provided by combining an underlying liability policy with an excess or umbrella policy as long as the minimum aggregate amount is met.
History:
1989 c 318 s 3; 2014 c 175 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.136 — Minors.

65B.136 MINORS.
A minor authorized under section 168.101, subdivision 1, to own a private passenger vehicle, as defined in section 65B.001, subdivision 3, may contract to buy a plan of reparation security, as defined in section 65B.43, subdivision 15, on that vehicle, as a contract that is fully binding on the minor on the same basis as if the minor were an adult. This section does not require an insurer to issue coverage to a minor or limit an insurer's underwriting discretion in regard to any aspect of the coverage.
History:
2010 c 278 s 1
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.14 — Definitions.

65B.14 DEFINITIONS.
Subdivision 1.
Application.
For the purposes of sections 65B.14 to 65B.21, the terms defined in this section have the meanings given them.
Subd. 2.
Policy of automobile insurance or policy.
"Policy of automobile insurance" or "policy" means a policy of private passenger vehicle insurance as defined in section 65B.001, or a plan of reparation security as defined in section 65B.48 insuring less than five vehicles rated on a commercial or fleet basis, or a policy of insurance covering the use of a motorcycle, delivered or issued for delivery in this state.
Subd. 3.
Renewal or to renew.
"Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer on the same rating plan, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term; provided, however, that any policy with a policy period or term of less than six months or any policy with no fixed expiration date shall for the purpose of sections 65B.14 to 65B.21 be considered as if written for successive policy periods or terms of six months.
Subd. 4.
Nonpayment of premium.
"Nonpayment of premium" means failure of the named insured to discharge when due any obligations in connection with the payment of premiums on a policy of automobile insurance or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit.
Subd. 5.
Violations.
"Violations" means all moving traffic violations that are recorded by the Department of Public Safety on a household member's motor vehicle record, and violations reported by a similar authority in another state or moving traffic violations reported by the insured.
History:
1967 c 463 s 1; 1971 c 813 s 13; 1974 c 56 s 1; 1974 c 408 s 31; 1977 c 366 s 2; 1984 c 592 s 54,56; 1986 c 444; 1996 c 446 art 1 s 56
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.16 — Statement Of Reasons For Cancellation Or Reduction.

65B.16 STATEMENT OF REASONS FOR CANCELLATION OR REDUCTION.
No notice of cancellation or reduction in the limits of liability of coverage of an automobile insurance policy under section 65B.15 shall be effective unless the specific underwriting or other reason or reasons for such cancellation or reduction in the limits of liability of coverage are stated in such notice and the notice is mailed or delivered by the insurer so as to provide the named insured with at least 30 days' notice prior to the effective date of cancellation; provided, however, that when nonpayment of premium is the reason for cancellation or when the company is exercising its right to cancel insurance which has been in effect for less than 60 days at least ten days' notice of cancellation, and the reasons for the cancellation, shall be given. Information regarding moving traffic violations or motor vehicle accidents must be specifically requested on the application in order for a company to use those incidents to exercise its right to cancel within the first 59 days of coverage. When nonpayment of premiums is the reason for cancellation, the reason must be given to the insured with the notice of cancellation; and if the company is exercising its right to cancel within the first 59 days of coverage and notice is given with less than ten days remaining in the 59-day period, the coverage must be extended, to expire ten days after notice was mailed.
History:
1967 c 463 s 3; 1971 c 696 s 1; 1984 c 592 s 57; 1987 c 337 s 100; 2001 c 215 s 32
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.161 — Refund Of Premium On Cancellation.

65B.161 REFUND OF PREMIUM ON CANCELLATION.
Cancellation of a policy of automobile insurance pursuant to sections 65B.15 and 65B.16 shall not be effective unless any unearned premium due the insured is returned to the insured with the notice of cancellation or is delivered or sent by mail to the insured so as to be received by the insured not later than the effective date of cancellation.
History:
1977 c 366 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.162 — Notice Of Possible Cancellation.

65B.162 NOTICE OF POSSIBLE CANCELLATION.
A written notice shall be provided to all applicants for private passenger insurance, at the time the application is submitted, containing the following language in bold print: "THE INSURER MAY ELECT TO CANCEL COVERAGE AT ANY TIME DURING THE FIRST 59 DAYS FOLLOWING ISSUANCE OF THE COVERAGE FOR ANY REASON WHICH IS NOT SPECIFICALLY PROHIBITED BY STATUTE."
History:
1987 c 337 s 101
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.18 — Proof Of Mailing Of Notice.

65B.18 PROOF OF MAILING OF NOTICE.
Proof of mailing of notice of cancellation, reduction in the limits of liability of coverage, or nonrenewal of a policy and, if required herein, the reason or reasons therefor to the named insured at the address shown in the policy, shall be sufficient proof that notice required herein has been given.
History:
1967 c 463 s 5; 1969 c 6 s 16; 1974 c 56 s 3
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.19 — Notice Of Cancellation Or Nonrenewal.

65B.19 NOTICE OF CANCELLATION OR NONRENEWAL.
Subdivision 1.
Disclosure.
No insurer shall take any action in regard to an automobile insurance policy on the statements or charges of any person made to the insurer concerning alleged unsafe driving habits of an insured unless the insurer shall concurrently disclose to the insured the name and address of the person from which the information was received.
Subd. 2.
Notice of right to complain.
When the insurer notifies the policyholder of nonrenewal, cancellation or reduction in the limits of liability of coverage under section 65B.16 or 65B.17, the insurer shall also notify the named insured of the right to complain within 30 days of receipt by the named insured of notice of nonrenewal, cancellation or reduction in the limits of liability to the commissioner of such action and of the nature of and possible eligibility for insurance through the Minnesota automobile insurance plan. Such notice shall be included in the notice of nonrenewal, cancellation or reduction in the limits of liability of coverage, and shall state that such notice of the insured's right of complaint to the commissioner and of the availability of insurance through the Minnesota automobile insurance plan is given pursuant to sections 65B.14 to 65B.21. The notice must state the name of the insurer and the date the notice is issued.
History:
1967 c 463 s 6; 1969 c 845 s 2; 1971 c 696 s 3; 1971 c 813 s 14; 1973 c 610 s 1; 1984 c 592 s 59; 1986 c 444; 2001 c 215 s 33
2023 Minnesota Statutes › Chapters 59A - 79A — Insurance › Chapter 65B — Automobile Insurance › Section 65B.20 — Immunity Of Insurer Or Commissioner; Use Of Reasons For Cancellation.

65B.20 IMMUNITY OF INSURER OR COMMISSIONER; USE OF REASONS FOR CANCELLATION.
There shall be no liability on the part of and no cause of action of any nature shall arise against the commissioner or against any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for nonrenewal or cancellation, for any statement made by them in any written notice of nonrenewal or cancellation, for the providing of information relating thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.
History:
1967 c 463 s 7; 1969 c 845 s 3