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-20-05-9.6 - Insurance Coverage for Lead Poisoning in Compliant Properties
Current through September 18, 2024
A. With respect to Compliant Rental Properties, insurers issuing commercial and personal lines liability insurance policies covering Rental Properties are not permitted to insure said Rental Property against liability risks and refuse to issue Lead Liability Coverage if the property owner provides any form of Prima Facie Evidence of Compliance as defined herein.
B. § 9.6(A) of this Part applies to all Compliant Rental Properties regardless of whether the property owner was required to obtain Prima Facie Evidence of Compliance or was exempted pursuant to R.I. Gen. Laws § 42-128.1-8. Therefore, if an owner of an exempt Rental Property voluntarily obtains Prima Facie Evidence of Compliance, the owner must be offered lead liability insurance in the same manner as if the owner was required to obtain the Prima Facie Evidence of Compliance pursuant to R.I. Gen. Laws § 42-128.1-8.
C. R.I. Gen. Laws § 42-128.1-9 does not restrict an insurer's ability to establish and utilize underwriting guidelines. An insurer may refuse to issue insurance for a Rental Property even if the property owner provides any form of Prima Facie Evidence of Compliance. Such refusal must be in accordance with the insurers' underwriting guidelines, § 9.6(A) of this Part and not in violation of any other insurance laws and/or regulations including but not limited to R.I. Gen. Laws Chapter 27-29 which restricts insurers from declining risks based upon age or geographic location.
D. If the policy provides lead liability coverage and further provides that coverage ceases during the policy term should the property become non-compliant during that period, insurers shall provide the following Notice on initiation and each renewal of the policy. The Notice must be in at least 16-point type and must be clearly identifiable by the insured. The written Notice shall provide the following in the language below or in substantially similar language:
