2010 Minnesota Code
Chapters 59A - 79A Insurance
Chapter 60A General Insurance Powers
Section 60A.201 Placement of Insurance by Licensee

60A.201 PLACEMENT OF INSURANCE BY LICENSEE.

Subdivision 1.Restrictions.

Insurance shall not be placed by the surplus lines licensee with an eligible or ineligible surplus lines insurer when coverage is available from a licensed insurer.

Subd. 2.Availability of other coverage; presumption.

There shall be a rebuttable presumption that the following coverages are available from a licensed insurer:

(a) all mandatory automobile insurance coverages required by chapter 65B;

(b) private passenger automobile physical damage coverage;

(c) homeowners and property insurance on owner-occupied dwellings whose value is less than $500,000. This figure shall be changed annually by the commissioner by the same percentage as the Consumer Price Index for the Minneapolis-St. Paul Metropolitan Area is changed;

(d) any coverage readily available from three or more licensed insurers unless the licensed insurers quote a premium and terms not competitive with a premium and terms quoted by an eligible surplus lines insurer; and

(e) workers' compensation insurance, except excess workers' compensation insurance which is not available from the Workers' Compensation Reinsurance Association.

Subd. 3.Unavailability of other coverage; presumption.

There shall be a rebuttable presumption that the following coverages are unavailable from a licensed insurer:

(a) coverages where one portion of the risk is acceptable to licensed insurers but another portion of the same risk is not acceptable. The entire coverage may be placed with eligible surplus lines insurers if it can be shown that the eligible surplus lines insurer will accept the entire coverage but not the rejected portion alone; and

(b) any coverage that the licensee is unable to procure after diligent search among licensed insurers.

Subd. 4.

[Repealed, 2009 c 178 art 1 s 69]

History:

1981 c 221 s 6; 1992 c 564 art 1 s 21; 2009 c 178 art 1 s 9