2006 New York Code - Procedures.



 
    * §  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  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  and  coverage  for  additional  perils  as  may  be
  requested.
    (c) Any member may cede fire insurance, extended coverage 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.
    * NB Effective until June 30, 2006
    * §  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 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 to be issued for a term of one year.  The  policy  shall  also
  include,  upon  application therefor, extended coverage and coverage for
  additional perils as may be requested.
    (c) Any member may cede fire insurance, extended coverage and coverage
  for additional perils written on insurable property to  the  association
  as provided in the plan.
    * NB Effective & expires June 30, 2006

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