Current through Reg. 50, No. 13; March 28, 2025
(a) Eligibility
requirements. The following requirements must be met to be eligible to apply
for a referral through the MAP:
(1) the
residential risk must be located in a designated underserved area;
(2) the property must be insurable as
provided in subsection (b) of this section; and
(3) the applicant must present written
documentation as specified in subsection (e) of this section that the applicant
has been unable to obtain residential property insurance.
(b) Insurable property. To be insurable as
required in subsection (a)(2) of this section, the property must meet the
following requirements:
(1) the general
physical condition of the dwelling, manufactured home, or other private
structure indicates good maintenance and there is no unrepaired previous
damage; and
(2) good housekeeping
is maintained throughout the residence premises.
(c) Certification of insurability. The
requirement of insurable property as specified in subsection (b) of this
section is met if the property has been inspected under the Voluntary
Inspection Program and the residential property condition evaluation report and
the certificate of insurability has been issued on the residential risk,
pursuant to the Insurance Code, Article 5.33B. An evaluation report and a
voluntary inspection certificate are not required to apply for referral through
the MAP.
(d) Prohibited factors.
The following factors shall not be used to deny application to the MAP or to
determine eligibility for referral through the MAP:
(1) the value of the dwelling, manufactured
home, or other private structure;
(2) the age of the dwelling, manufactured
home, or other private structure;
(3) the geographic location of the dwelling,
manufactured home, or other private structure located in a designated
underserved area; or
(4) the
condition of surrounding premises.
(e) Documentation of cancellation,
non-renewal, or declination. An originating agent, acting on behalf of an
applicant to the MAP, shall submit current written documentation as provided in
this subsection with the application to the MAP. If the Department completes
the application on behalf of the applicant, the Department shall either obtain
from the applicant current written documentation as provided in this subsection
or shall obtain contact information from the applicant to enable the Department
to obtain written documentation as provided in this subsection. Such written
documentation shall be dated within the one-year period which immediately
precedes the date of application to the MAP. Photocopies or facsimile copies of
original documents shall be acceptable.
(1)
Canceled or non-renewed residential property insurance. If the applicant's
residential property insurance has been canceled or non-renewed within the
one-year period immediately preceding the date of application to the MAP, the
following documents must be attached to the application:
(A) a copy of the notice of cancellation or
non-renewal, and
(B) documentation
of at least one other attempt, as provided in paragraph (3) of this subsection,
to obtain residential property insurance from a licensed insurer that is
unaffiliated with the insurer who issued the notice of cancellation or
non-renewal.
(2) No
previous residential property insurance. If the applicant did not have
residential property insurance in the one-year period immediately preceding the
date of application to the MAP, the applicant must attach to the application
documentation of attempts, as provided in paragraph (3) of this subsection, to
obtain residential property insurance from two or more licensed unaffiliated
insurers.
(3) Attempts to obtain
residential property insurance. The documentation of the attempt or attempts to
obtain residential property insurance from a licensed insurer must be addressed
to the applicant and relate to the property proposed to be insured. The
following documents satisfy the documentation requirements in paragraphs (1)(B)
and (2) of this subsection:
(A) a current
letter or letters of declination of residential property insurance from a
licensed insurer or insurers;
(B) a
current letter or letters of non-eligibility for residential property insurance
issued by a licensed local recording agent or by a salaried representative for
an insurer whose plan of operation does not contemplate the use of local
recording agents, both of whom may also be the originating agent. The agent or
salaried representative must represent at least one licensed insurer actually
writing residential property insurance in this state. The letter or letters of
non-eligibility shall be on a form promulgated by the Commissioner for this
purpose which states that based on known underwriting guidelines the agent or
salaried representative is unable to place the residential risk with a licensed
insurer available to that agent or salaried representative. The agent or
salaried representative shall indicate on the form whether the letter of
non-eligibility applies to one or two unaffiliated licensed insurers.
(f) Ineligible
applicants.
(1) Fraudulent claims. Individuals
who have had previous residential property insurance canceled or non-renewed
for submission of a fraudulent claim are not eligible to apply for referral
through the MAP.
(2) Cancellation
for non-payment of premium for coverage obtained through the MAP. An applicant
is not eligible to apply to the MAP again for the same risk if the insurer
cancels coverage obtained through the MAP for non-payment of premium.
(g) Re-submission. An originating
agent or the Department may re-submit an application to the MAP if the
applicant satisfies all of the eligibility requirements of MAP on the date of
re-submission.
