§431P-11 Underlying policy required; hurricane coverage shall be provided.

280 words·~1 min read·/hi/431p-11

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any eligible property for which coverage is sought from the fund shall already be insured by an underlying policy of property insurance as defined in section 431:1-206 or article 21 of chapter 431 but excluding the covered event. Every underlying policy of property insurance provided by an unauthorized insurer shall be subject to the procedures, guidelines and surcharges as provided in the plan of operation.

(b)Except for:

(1)Applicants who are otherwise able to procure hurricane property insurance from insurers authorized to transact business in the State; and

(2)Properties that are deemed ineligible pursuant to the plan of operation,

the fund shall not deny any application for hurricane property insurance on any property eligible under subsection (a).

(c)The fund shall renew any policy provided payment of the applicable renewal premium is received by the fund on or before the expiration date stated in the policy. The fund may nonrenew a policy on the grounds the property is no longer covered by a companion policy. The policy issued by the fund shall not provide coverage in the event that there is no companion policy at the time of loss. In such case, any unearned premiums shall be returned to the policyholder on a pro rata basis. Limits of coverage under a policy issued by the fund shall not exceed the limits of comparable coverages for fire and windstorm under the companion policy. The statute of limitations for actions under a policy of hurricane property insurance shall be one year. [L 1993, c 339, pt of §2; am L 1998, c 106, §5; am L 2025, c 296, §15]