Connecticut Administrative Code
Title 38a - Insurance Department
328 - Connecticut FAIR Plan
Section 38a-328-11 - Program standards
Universal Citation: CT Reg of State Agencies 38a-328-11
Current through March 14, 2024
(a) It is the intent of the program to make basic insurance available to applicants who in good faith request coverage for eligible properties which meet program standards.
(b) The occurrence or presence of any of the following conditions constitutes failure to meet program standards and shall provide a basis for declination, cancellation, or non-renewal of an application, binder or policy:
(1) Vacancy or unoccupancy of the property
for sixty (60) days or more, other than for rehabilitation purposes, provided
however, a building shall not be deemed vacant or unoccupied unless at least
75% of owner occupied family dwellings of not more than three families or at
least 65% of any other building is vacant or unoccupied.
(2) Existing substantial damage which the
applicant or insured has failed or refused to repair.
(3) Failure to pay real estate taxes on the
property for two (2) years or more.
(4) Failure, within the insureds control, to
furnish heat, water, or public lighting for 30 days or more.
(5) Failure within a reasonable time to
correct conditions dangerous to life, health or safety including but not
limited to conditions resulting from overcrowding or excessive rubbish or
flammable materials.
(6) As
respects commercial properties, failure to provide protective devices required
by law.
(7) Conviction of any
person with a financial interest in the property of fraud or
incendiarism.
(8) Loss history of
the applicant. The frequency, severity, circumstances of the loss(s), and the
number and value of the properties insured shall be considered. Each
declination, non-renewal, or cancellation based on loss history must be subject
to approval by the Governing Committee.
(9) Material misrepresentation concerning
this insurance or the subject thereof.
(10) Abandonment of the property or removal
of heating or plumbing equipment or fixtures.
(11) Non-payment of premium by the
insured.
(12) Where the FAIR Plan
has received reliable information that the property will be intentionally
damaged or destroyed for the purpose of collecting the insurance
proceeds.
(13) Buildings on which
because of their physical condition there is an outstanding order to vacate, an
outstanding demolition order or which have been declared unsafe in accordance
with applicable law. Neighborhood or area location or any environmental hazard
beyond the control of the property owner shall not be deemed to be acceptable
criteria for declination, cancellation, or non-renewal of a risk.
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