Rhode Island Code of Regulations
Title 230 - Department of Business Regulation
Chapter 20 - Insurance
Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance
Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9)
Section 230-RICR-20-05-9.5 - Prospective Application and Notification to Insureds with Exclusions
Universal Citation: 230 RI Code of Rules 20 05 9.5
Current through September 18, 2024
A. This statute does not provide or contemplate a retrospective application and will only be applied prospectively.
1. Therefore, if an in-force policy has an
approved exclusion in place prior to October 31, 2005, this exclusion will
remain in effect until the expiration or other permissible termination of the
policy.
2. Any policy issued,
delivered or renewed after October 31, 2005 must follow R.I. Gen. Laws §
42-128.1-9.
B. If a policy issued prior to October 31, 2005 excludes coverage for lead liability and the policy will not expire until after October 31, 2005, persons covered by those policies will be able to obtain "stand alone" lead liability coverage from the FAIR Plan beginning November 1, 2005.
1. Therefore, all insurers
that issued policies with lead liability exclusions where the policy period
will extend past October 31, 2005 must provide written notification to insureds
of the availability of FAIR Plan coverage.
a.
The insurer shall provide this notification directly or indirectly by the
insurer through its producer.
b.
This written notice must be separately sent to the insured not later than
October 1, 2005 for policies which have already been renewed or upon renewal of
the policy prior to October 31, 2005.
c. The notice shall be in at least 16-point
type, clearly state that the policy does not include lead liability coverage
and that the insured is eligible for lead liability coverage through the FAIR
Plan unless otherwise ineligible.
d. The notice must provide information on how
the insured can contact the FAIR Plan, including the FAIR Plan's address and
telephone number(s), including a toll-free number.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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