This page contains definitions for terms commonly used in the
insurance industry. You will also find terms in this list that are unique to the MN FAIR Plan. An underlined term will link to the
definition or document highlighted. Click
your browser’s back button to return to your previous position on this page.
Abandonment: Giving the
Insurer undamaged or
partially damaged property for the purpose of claiming a total loss. Insurance policies prohibit the
Insured from
doing this unless agreed to by the Insurer.
Actual Cash Value:
Most policies issued by the FAIR
Plan are limited to the Actual Cash Value (ACV) of the property. Actual Cash Value is the amount of money
needed to repair or replace damaged property less allowance for
depreciation,
obsolescence, or general wear and tear. Actual Cash Value is not the same as
market value or replacement value.
Additional Coverages: The Additional Coverages
provided are determined by the policy purchased. Additional Coverages common to many policies are:
Debris Removal,
Reasonable Repairs,
Fire Department Service Charge, and
Property Removed. Read your policy for details.
Additional Insured: An individual or organization
with a financial interest in the real property that is named on the
policy.
Additional Living Expense: This is found in the Farm
Fire and Homeowners policies under Loss of Use,
Coverage D. Additional Living Expense is coverage for
the increase in living expenses that arise when an Insured must live away from
the insured location due to a
covered loss.
Additional Living Expense Coverage covers only expenses actually paid by
the Insured. This coverage does not pay
all living expenses, only the increase in living expense that results directly
from the covered loss, and having to live away from the insured location. If the covered loss does not make the
residence unlivable, there will be no Additional Living Expense to claim. Coverage is provided for the shortest time
required to repair the covered damage.
Read your policy for details.
Adjuster: An adjuster is a person who settles
claims. The FAIR Plan employs an
Adjuster on staff for this purpose.
When our Adjuster is unable to handle a claim, we will assign the claim
to an Independent Adjuster. Independent
Adjusters work for Insurers. A Public
Adjuster is an individual hired by Insureds to represent them in handling their
claim with the Insurer. Public
Adjusters are normally paid a percentage of the final settlement amount, agreed
to by both parties in advance. Public
Adjusters usually require the Insured to sign a binding legal contract before
beginning work on the Insured’s behalf.
As with all contracts, the Insured retains the right to cancel the
contract within 72 hours of its creation.
The right to cancel the contract, and the proper steps to do so are
controlled by Minnesota law. Minnesota
law also requires Independent and Public Adjusters to be licensed. The
Minnesota Department of Commerce regulates
Independent and Public Adjusters.
Agent: Agents are persons trained and licensed to
sell insurance products. Agents are
normally considered to be representatives of Private Insurers. In the case
of the FAIR Plan however, the Agent represents the Insured,
and not the FAIR Plan. Agents do not have the power to bind FAIR Plan
coverage. We cannot accept premium checks drawn on an Agency account. The
Minnesota Department of Commerce licenses and regulates Insurance Agents. Agents must pass an examination to receive
their license, and are required to take continuing education to maintain their
license. Although the FAIR Plan does
not require Applicants to have an Agent, we strongly urge every
Applicant to have
one. An Agent will be able to provide
you with information and advice in regard to your policy. It is also very difficult to return to the
private market without an Agent. The
presence of an Agent will have no effect on your premium. If you had an Agent, but they have since
left the business, simply contact a different Agent. Agents are required to assist anyone who needs the FAIR Plan for
their insurance. You can find an Agent
in your area by consulting the Yellow Pages.
FAIR Plan employees are not allowed to have a valid Agent’s License.
Appeal: Any
Applicant, Insured, or Member Company
adversely affected by any action or decision of the staff of the FAIR Plan has
the right to appeal that decision to the Governing Board of the FAIR Plan. The appeal must be made in writing, and must
state the reasons why the Board should reconsider the decision. The Board will act upon the appeal promptly,
and will provide its decision in writing.
This right of appeal does not prevent an individual from filing a
complaint directly with the
Minnesota Department of Commerce, or suing the FAIR Plan.
Appraisal: If the
Insurer and Insured are unable to
reach an agreement as to the amount of a loss, the Appraisal clause of the
policy
outlines how the dispute will be resolved.
Read the Conditions section of your policy for details.
Applicant: A person or organization that applies for
insurance coverage.
Application: The form used to apply for
insurance. There is a different
application for each line of business.
The application must be completed truthfully, and all questions must be
answered. The application must include
photos of the front and back of each building and structure you want to
insure. Finally, the application must
include the initial premium payment. Go
to: Documents Page (links to applications).
Arson: The willful and malicious burning of
property. Arson is sometimes committed
with the intent of defrauding an Insurer.
Both arson and fraud are crimes in the State of Minnesota.
Assessment: The method we use to finance the
operation of the FAIR Plan if the premiums collected from our
Insureds are not
enough to cover our costs.
Our Assessments are paid by the Member Companies. Each Member Company’s share of the
assessment is determined by the premium it collects, compared to the total
premium collected in Minnesota by all Member Companies. For example, if a Member Company collects
10% of the premiums paid in Minnesota, it will owe 10% of the assessment
amount. Normally we assess the Member
Companies on a yearly basis. If the
FAIR Plan ended the year with a profit, that profit would returned to the
Member Companies either by reducing the amount of our next Assessment, or
through a Distribution.
Assigned Risk Pool: An assigned risk pool is one form
of Residual Market Mechanism. The
Minnesota
Automobile Insurance is an example of an Assigned Risk Pool. The
Automobile Plan accepts applications from persons who cannot find auto
insurance and assigns the risk to Private Insurers. They use a formula similar to the one we use to determine
Assessment
shares to determine which Private Insurer will receive the assigned policy. Although FAIR Plans may be
operated in this fashion, the MN FAIR Plan underwrites the coverage that we
sell. We do not assign policies to the
Private Insurers as the Minnesota Automobile Insurance Plan does.
Assignment: Assignment of a
policy is the legal
transfer of a policy to another person or organization. We do not allow assignment of the
policy. In cases such as this, we
require
that the new Applicant complete a new
application. Assignment of a claim is the legal transfer of one’s interest in
a loss settlement arising from a covered loss.
Assignment of a claim can be done by simply notifying us in writing of
your intention. An example would be assigning
the proceeds of your claim directly to the contractor performing the
repairs. This would allow us to pay the
contractor directly.
Bodily Injury: Injury to a person’s body including
sickness and death.
Personal Liability Coverage
provides coverage for bodily injury resulting from an Insured’s
negligence.
Broad Evidence Rule: A rule that has developed
through court decisions. The rule
states that all factors that could affect the value of an item must be
considered, not just the age of the item and its rate of
depreciation. We use this principle to determine the
coverage limit for a policy, as well
as to determine the amount of a loss.
Building Valuation
Worksheet: A report that shows how the insurable value
of a property was determined. The MN FAIR Plan uses the
Marshall-Swift/Boeckh (MSB) valuation system to establish
accurate insurable values. All valuations submitted with
MN FAIR Plan applications must be created using the MN FAIR
Plan MSB
website. For individuals applying for coverage without an agent, we
have entered into an agreement with MSB to provide their
consumer based version of the evaluation service. This
service will be available in the near future.
Business Interruption Coverage: A
policy that
provides coverage for losses that result if a business is forced to shut down
as a result of a covered loss. Although
available through Private Insurers, the FAIR Plan does not offer Business
Interruption Coverage.
Cancellation: Cancellation is the termination of a
policy. Non-payment of
premium is a
common reason for cancellation. To
qualify for insurance through the FAIR Plan, you must first be
rejected,
cancelled or non-renewed by a
Private Insurer.
Our application requires you to tell us who your previous insurance
company was, and why you were cancelled.
We are required to collect this information. There are three types of cancellation:
flat, pro-rata, and
short rate.
Causes of Loss: Causes of Loss is the name given to
the Commercial Fire form that outlines the covered causes of loss under the
policy. The FAIR Plan uses the Basic
Causes of Loss form (CP1010). The
covered causes of loss under the basic form are: Fire, Lightning, Explosion,
Windstorm or Hail, Smoke, Aircraft or Vehicles, Riot or Civil Commotion,
Vandalism, Sprinkler Leakage, Sinkhole Collapse, and Volcanic Action. Vandalism coverage can be excluded if you
wish to reduce the amount of your premium.
Causes of loss means the same as perils, a term used for
personal lines
policies such as Homeowner and
Dwelling Fire coverage.
Civil Authority: Police and other Law Enforcement,
Fire Marshals, Housing or Building Inspectors, are all considered Civil
Authorities.
Claim: A claim is a request for coverage. To be payable, the claim must be covered
under the policy, and both the Insured
and Insurer must abide by the
Conditions of the policy.
Claims Experience: Claims experience is a term used
in the industry to describe how many claims an Insured has made. Private Insurers will cancel or non-renew a
policy if the Insured has had too many claims.
This term can also refer to a Insurer’s overall claims history for the
entire company.
Claim Guidelines: The Claim Guidelines explain the
procedures we use for handling claims. Go to:
Claim Guidelines.
Coinsurance: A provision in some policies that allows
an Insured to carry lower coverage limits in return for a lower
premium. In effect, the Insured is agreeing to pay
some of a potential loss out of their own pocket, if that loss exceeds their
limit
of coverage. Although offered by most
Private
Insurers, the FAIR Plan no longer offers coverage under a coinsurance
provision. The FAIR Plan requires all
Insureds to purchase coverage equal to 100% of the Actual Cash Value of the
property.
Commercial Fire Policy: Commercial Fire Policies
cover business properties. The
Commercial Fire Policy used by the FAIR Plan is the CP0099.
Commercial Lines: Insurance coverage designed for
businesses, organizations, and institutions.
Go to: Lines of Business.
Commerce Commissioner: The Commerce Commissioner is
the top executive at the MN Department of Commerce. The Commerce Commissioner is appointed by the Governor, subject
to the approval of the Legislature.
Commission: Commission is paid to the
Agent for
policies they have sold. The FAIR Plan
pays Agents 12% of the premium received during the first year the
policy is in
force. The FAIR Plan pays Agents 5% of
the premium received during each additional year that the policy remains in
force. The commission paid to the Agent
does not increase the premium paid by the Insured. If there is no Agent, the FAIR Plan keeps the commission.
Committee: A group of Board
Members formed by the
Governing Board to
oversee specific areas of the FAIR Plan’s operation, such as
claims or underwriting.
Comprehensive General Liability Policy: A broad
liability policy covering businesses. Although
available through Private Insurers, the FAIR Plan does not offer Comprehensive
General Liability (CGL) policies.
Liability coverage for businesses can sometimes be obtained through the
Market
Assistance Program (MAP) or the
Minnesota Joint Underwriting Association (MN JUA).
Comprehensive Personal Liability Policy: A broad
liability policy covering individuals.
Although available through Private Insurers, the FAIR Plan does not
offer Comprehensive Personal Liability or
Umbrella policies. We do provide liability coverage (maximum limit
of $100,000) to those Insureds that qualify for and purchase
Homeowner
coverage. Higher liability limits are
available from Private Insurers. You
may be able to obtain liability coverage by contacting the
Market
Assistance Program (MAP).
Concealment: Failure to disclose
material facts on an
application for insurance, or in the presentation of a
claim. Concealment on the application can result in
rejection of the application, or
cancellation of your policy. Concealment in the presentation of a claim
can result in denial of the claim, as well as cancellation of the policy. Concealment with intent to defraud is a
crime in the State of Minnesota.
Conditions: Provisions of the
policy that place
requirements on both the Insurer and the
Insured.
Condition Charges: Condition charges are
premium
surcharges intended to encourage repair and maintenance of the
insured location.
Condition
charges can be eliminated by fixing the problem(s), and informing us of the
repair. We may perform an
inspection to
verify correction of the problem. If an
inspection is performed, it will be done at no cost to the
Insured.
Consequential Loss: An indirect loss resulting from
direct loss to the covered
property. Generally
speaking, policies do not cover indirect or consequential losses, although
Additional
Living Expense (Homeowner and
Farm Fire) and Fair Rental Value (Dwelling Fire),
Homeowner, and Farm Fire) are common exceptions.
Construction Class: Construction class is one of
several factors that determine the premium.
The two most common construction classes are Frame (Wood) and Masonry (Brick,
Stone, Concrete).
Contract: A legally binding agreement between two
competent parties. A
policy is a legal
contract between the Insured and the
Insurer.
Contract for Deed Holder: A Contract for Deed
Holder is someone that has sold property to a Contract Purchaser on a
Land
Contract. If you pay your monthly house
payments to an individual, you are most likely a Contract Purchaser. The person you pay is your Contract for Deed
Holder. They have a financial interest
in the property, and for this reason must be listed on your policy. They must also be named as a payee on any
payment for damage to the real property.
Contract Purchaser: A person who buys a property on a
Land Contract.
Coverage A: The coverage provided for the primary
building or residence. Also known as
the real property. Read your
policy for
details.
Coverage B: The coverage provided for ‘Other
Structures’ such as sheds, garages, and other real
property, like a fence, or
flagpole. Read your
policy for details.
Coverage C: This is the coverage provided for
personal property. Coverage C: Personal Property covers
items owned or used by an Insured that are not
real property. Read your policy for
further information on the causes
of personal property losses that are limited or excluded, as well as the kinds of personal property that
are
limited or excluded from coverage.
Coverage D: In
Homeowner and Farm Fire policies
Coverage D is called Loss of Use. In
Dwelling
Fire policies it is called Fair Rental Value.
Read your policy for details. Coverage D is a consequential loss coverage that begins when the
insured location is made unlivable due to a
covered loss. Coverage is provided for the shortest time
required to repair the covered damage.
Coverage E:
Personal Liability coverage provided in
Homeowner
Policies, or Scheduled Farm Personal Property provided by the
Farm Fire
Policy. These two coverages are very
different. Read your
policy for
details.
Dwelling Fire policies do not
contain this section.
Coverage F:
Medical Payments to Others coverage
provided in Homeowners policies. This
also refers to Unscheduled Farm Personal Property Coverage provided by the
Farm
Fire Policy. These two coverages are very
different. Read your
policy for
details. Although available from
Private
Insurers, the FAIR Plan does not offer Coverage F for
Farm Fire Policies. Dwelling Fire policies do not contain this
section.
Coverage G: Other Farm Structures, found in the
Farm
Fire Policy. No other policy sold by
the FAIR Plan contains Coverage G. Read
your policy for details.
Coverages: The section of the
policy that outlines the types of coverage provided for different categories of
property, and types of losses. It includes exclusions, restrictions or
limitations on the coverage provided. It also includes the
Additional Coverages provided for certain
property.
Covered Damage: Damage caused by a
covered loss. Read your policy for details.
Covered Loss: A loss covered under the terms and
Conditions
of the policy. Read your
policy for
details.
Covered Peril: The perils for which coverage is
provided by the policy. Read your
policy for details.
Covered Property: Property covered under the
policy. Read your policy for details.
Debris Removal Coverage: Coverage for the expense to
remove debris of covered property resulting from a
covered loss. Debris Removal is one of the
Additional Coverages. Read your
policy for
details.
Declaration Page: The part of the
policy that
contains information about the Insured, the
insured location, the coverage
limits
provided, the term of the contract, the
deductible, the premium charged, and
the other parties to the contract such as a Mortgagee or
Contract for Deed
Holder. We send a new Declaration Page
each year when the policy renews.
Deductible: The part of a covered loss that the
Insured is required to pay. This is also a
factor that determines the premium. You
can reduce your premium by selecting a higher deductible amount.
Definitions: The section of the
policy
contract that explains
the meaning of the terms used in the policy.
Read your policy for details.
Denial: The refusal of an
Insurer to provide coverage
for a loss, for reasons supported by the circumstances of the loss, and the
terms and Conditions of the policy.
Depopulation Program: This is the term used for our
effort to return our Insureds to the private insurance market. Private Insurers provide better coverage
than we do, and usually at a lower cost.
One of our goals is to help our customers return to a Private Insurer
for their coverage. We do this by
encouraging our Insureds to find an Agent if they do not have one. We encourage repairs and maintenance of the
property. We re-inspect and photograph
insured properties to determine if they appear to be acceptable to Private
Insurers. We offer advice and
assistance to Insureds who wish to leave the FAIR Plan for better and cheaper
coverage from a Private Insurer. We
will share some Insured’s names and phone numbers with our
Member Companies to
see if our Insureds are eligible to return to the private market. Go to:
Privacy Policy.
Depreciation: The decrease in the value of property
over a period of time due to use, wear and tear, exposure to the elements, lack
of maintenance, or obsolescence.
Direct Loss: Actual physical damage or destruction of
real property or
personal property.
Distribution: If the FAIR Plan were to end the year
with a profit, that profit may be given back to the
Member Companies in the
form of a Distribution.
It can also be returned in the form of a lower Assessment
the following year. A Member Company’s
share of the Distribution would be computed in the same way that we compute
their Assessment share.
Dwelling Fire Policy: The
DP-1 Policy is the only
Dwelling Fire Policy sold by the FAIR Plan.
It is used for residential properties that do not qualify for
Homeowner
coverage. Non-owner occupied property,
vacant property and cabins are some examples of property we insure under a
DP-1 Policy. The
premium for the FAIR
Plan DP-1 Policy will be higher than a Private Insurer would charge. The DP-1 Policy does not provide coverage
for theft or liability losses.
Earned Premium: The amount of the
premium that has
been ‘used up’ during the time that the policy has been in force. For example, if a one-year policy were
cancelled after six months, half of the premium would be earned.
Effective Date: The starting date of a
policy.
Endorsement: An attachment to a
policy that changes,
broadens or restricts coverage. It is
important to read the endorsement(s) attached to your policy. To read or download an
endorsement go to the Documents Page which
contains a listing of all the endorsements we use. Your
Declaration Page will list the endorsements that
are a part of your policy.
Evaluator: An individual trained to perform
inspections
to determine the Actual Cash Value of a property, as well as provide us with
other information about the property.
Examination Under Oath: The Examination Under Oath
(EUO) is used by an Insurer to investigate a
claim. Claim investigations rarely include an EUO. If the Insurer requests an EUO however, the
Insured
is required by the Conditions section of the
policy to cooperate.
Excess Insurance: A
policy or endorsement that
provides coverage once all other similar coverage has been paid in full.
Exclusions:
Perils, causes of loss, property, or
conditions
listed in the policy that are not covered.
Read your policy for details.
Expiration Date: The day that coverage under the
policy
ends. For policies sold by the FAIR
Plan, the Expiration Date is one year after the Effective
Date.
Extended Coverage: Sold as an optional part of the
Dwelling Fire Policy (DP-1) . The
additional perils covered under Extended Coverage are: Wind and Hail,
Explosion, Riot or Civil Commotion, Aircraft, Vehicles, Smoke, and Volcanic
Action. Under the
DP-1 Policy, the
Extended Coverage perils can also include Vandalism and Malicious Mischief, for
an additional premium. The
Declaration
Page will show whether the policy includes Extended Coverage, as well as
Vandalism coverage. Each peril can have
special provisions, read your policy for details.
Extra Expense Coverage: A commercial coverage that
provides for the extra expense a business incurs to continue in operation after
a covered loss. Although available from
Private Insurers, the FAIR Plan does not sell this type of coverage.
FAIR Plan: FAIR Plans were created in response to
federal legislation. FAIR stands for
Fair Access to Insurance Requirements.
FAIR Plans are a form of Residual Market Mechanism. Go to:
History of the FAIR Plan.
Fair Rental Value: The
name used for Coverage D of
the DP-1 Policy. This is also provided
as part of Coverage D in the Homeowner and
Farm Fire Policies. This is a consequential loss coverage that
begins when the
insured location is made unlivable due to a covered loss. Coverage is provided for the shortest time
required to repair covered damage. Read
your policy for details.
Farm Fire Policy: The Farm Fire Policy sold by the
FAIR Plan is the FP0010. The Farm Fire
Policy provides coverage very similar to the DP-1. For an additional premium, the Farm Fire Policy can also provide
coverage for Scheduled Farm Personal Property
(Coverage E) and Other Farm Structures (Coverage G). The Farm Fire Policy does not provide
coverage for liability losses. The
Declaration
Page will list the property and/or structures included under the policy.
Farm Scheduled Personal Property: Found in the
Farm Fire Policy, Farm Scheduled Personal Property itemizes the property covered
with a description and a limit for each item.
Go to: Coverage E.
Fire Coverage: This is the minimum coverage available
under the DP-1 Policy. Fire coverage
includes the perils of Lightning and Internal Explosion. Each peril can have special provisions, read
your policy for details.
Fire Department Service Charge Coverage: Found in the
Additional Coverages section of the policy.
This coverage will reimburse you up to the specified
limit, if you are
charged by the Fire Department to protect your property from damage by a
covered peril. Read your policy for details.
Flat Cancellation:
Cancellation of insurance coverage
as of the Effective Date, with a refund of all
premium paid.
Flood Insurance: You can buy
flood insurance only from
the Federal Government.
Private
Insurers are not allowed to underwrite flood insurance. Licensed Agents however can sell flood
insurance on behalf of the Federal Government, if you qualify under the Federal
Flood Insurance Program (www.fema.gov/nfip/).
Ask your Agent about flood insurance if you believe you need it. If you do not have an Agent, the phone book
provides an excellent listing of Agents. The FAIR Plan does not provide assistance in obtaining flood
insurance.
Fraud: Intentionally misleading someone to part with
or pay for something through false representations. Fraud on the application can result in
rejection of the
application or cancellation of the
policy.
Fraud in the presentation of a claim can result in
denial of the claim,
as well as cancellation of the policy.
Fraud is a crime in the State of Minnesota.
Governing Board:
The Governing Board is made up of five Private Members and four
Public
Members. The Governing Board meets at
least four times per year. The
Governing Board oversees all operations of the FAIR Plan. The Governing Board has created Committees, to address specific areas of our operation. All meetings of the Governing Board and its
Committees are public. Meeting notices
and agendas are posted at the MN FAIR Plan office a minimum of seven days prior
to any meeting. If you are interested
in upcoming meetings of the Board, contact us for additional information. The minutes of every meeting are available
for persons wishing to review them. In
addition to the Governing Board Members mentioned, a representative of the
MN
Department of Commerce regularly attends all meetings of the Board and its
committees.
Hazard: Something that increases the possibility of a
loss.
Homeowner Policy: A
policy that provides homeowners,
condominium owners, and renters with real property,
personal property, and
liability
coverage. The property must be owner
occupied to qualify for Homeowner coverage.
The Homeowner policies sold by the FAIR Plan are the
HO-4, HO-6, and
HO-8. Homeowner coverage sold by
Private Insurers
normally provides Replacement Cost coverage.
All Homeowner coverage sold by the FAIR Plan, however, is
non-replacement or Actual Cash Value coverage.
Indemnification: Restoring the victim of a loss by
payment, repair, or replacement, to the same financial condition that existed
immediately before the loss (no better, no worse). Indemnification under your policy is subject to the terms,
Conditions,
and limitations of the contract.
Independent Adjuster: A person or organization hired
by an Insurer to represent them in the settlement of a
claim. Go to: Adjuster
Initial Premium Payment: A payment that must be sent
with the application for coverage.
The initial premium payment for HO-8 and DP-1 policies is $200. The initial premium payment for Commercial
and Farm policies is $300. The initial
premium payment for HO-4 and HO-6 is $50.
If your application is received without this payment, it will be
returned, and coverage will not be placed in force.
Inspection: In some cases, we will require an
inspection of the property. A member of
the FAIR Plan Staff, or an independent Evaluator will perform the
inspection. Inspections are done to
assure that the coverage limit, and
policy type are appropriate for the
property. Failure to cooperate with our
effort to inspect your property will result in the
rejection of your application, or
cancellation or
non-renewal
of coverage. We also do inspections to
verify that repairs have been made (Condition Charges), and as a part of our
Depopulation Program.
Inspections are done at no cost to the Insured, or
Applicant.
Inspection Policy: This
policy explains
how we determine which
properties will be inspected. Go to:
Inspection
Policy.
Insurable Interest: If you suffer a loss when
covered property is damaged, you have an insurable interest in that property. If you do not have an insurable interest in
something, you cannot insure it against loss.
Ownership is an example of insurable interest. Insurable interest can also be created as the result of a contract,
such as a rental agreement or a mortgage agreement.
Insurable Value: Determined by the coverage provided under the contract. Private
insurers generally provide coverage for the Replacement Cost
Value of the property insured. Insurable Value however, can
also equal the Repair Cost Value of the property,
or the Actual Cash Value of the property.
Insurable Value
Worksheet: Another term used to describe a Building
Valuation Worksheet.
Insured: The person or organization shown on the
Declaration
Page, and covered by the policy. 'Insured' can include others not named on the Declaration Page. Read your policy for details.
Insured Location: The premises or property described
in the policy. Also known as the insured
premises. Read your
policy for details.
Insurer: The person or organization that agrees to
indemnify
the Insured (provide coverage) for losses covered under the
policy. Also known as an Insurance Carrier. The FAIR Plan is an Insurer.
Insuring Agreement:
The section of the policy that contains the Insurer's
agreement to indemnify the Insured in the event of a
covered loss, in return for the Insured's premium
payment, and their compliance with the provisions of the policy.
ISO: A company organized for the purpose of aiding
Insurers
by providing rating data, policy
forms, manuals, and other related services in
exchange for a participation fee. The
FAIR Plan is an ISO participant, and uses ISO rating data and standard ISO
Policy forms. We also use ISO personnel
to perform some of our inspections.
Land Contract: An
agreement between two individuals for the sale of real property. The
Contract for Deed Holder remains named
on the title deed for the property until the terms of the Land Contract are
satisfied. The Contract Purchaser is
also named on the deed, and is allowed possession and control of the property
as long as the terms of the Contract are met
by the Contract Purchaser.
Land Value: Part of the purchase price paid for a
property is the value of the land. The
value of the land is not included in the limit of coverage for the property
because land is excluded from coverage. The
amount of a person’s Mortgage frequently includes the value of the
land. For this reason, it is not always
possible to provide coverage limits equal to the amount of the Mortgage on the
property.
Liability Coverage: Coverage offered under the
Homeowners
Policy (Coverage E and F) for losses that arise out of ownership or occupancy
of the insured location, or out of the
negligence of the Insured. See Personal Liability and
Medical Payments
to Others for more information. The Homeowners Policy is the only
policy offered by the FAIR Plan that includes liability coverage.
Limit: The maximum payable under the
policy for a
type of property, or type of loss. Also known
as the limit of liability.
Line of Business: A term used in the insurance
industry to describe different types of policies. Homeowner coverage is a line of
business. Dwelling Fire coverage is a different
line
of business.
Farm Fire is yet another
line of business. Lines of business are
further divided into commercial lines (for businesses) and
personal lines (for
individuals).
Loss of Use: Also known as
Coverage D under the Homeowners
and Farm Fire policies. In addition to
Additional
Living Expense, this coverage also provides for Fair Rental Value, and losses
that arise if a Civil Authority prohibits you from using your premises due to a
covered loss. Read your
policy for
details.
Market Assistance Program: A program that assists the
MN Joint Underwriting Association (MN JUA) as well as the MN FAIR Plan. The Market Assistance Program (MAP) tries to
match Applicants with Private Insurers.
MAP is beneficial to Applicants, the JUA, and the FAIR Plan by helping
people remain in the private insurance market.
MAP can be reached at 1-800-257-1838.
Market Value: Market value refers to the value of the
property on the open market. Many
different factors can influence the market value of a property such as:
location, the income the property will generate, the supply of existing
residences, the current mortgage interest rates, as well as other factors. Although some Private Insurers offer
coverage for the market value of a property, the FAIR Plan does not.
Material Fact: Information that is needed to make a
claims
or underwriting decision that directly effects the decision.
Medical Payments to Others Coverage: Medical Payments
to Others provides coverage for medical expenses of a third party (someone who
is not an Insured under the policy) who is injured at the
insured location regardless of whether it is the result of the Insured’s
negligence. Read your policy for details.
Member Companies: A Member Company is any
Private Insurer that collects
premium for policies insuring property in the State of
Minnesota. The FAIR Plan Act requires
the participation of Member Companies in the financial loss or gain of the FAIR
Plan. Losses and gains are shared
through the processes of Assessment and
Distribution. There are over 300 Member Companies.
Minnesota Automobile Insurance Plan: The organization
that provides automobile insurance to individuals and organizations that do not
qualify for insurance from a Private Insurer.
Applications are assigned to Private Insurers according to their market
share (similar to how we compute Assessment and
Distribution). The Private Insurer then issues and services
the policy.
Minnesota Department of Commerce: The department of
State Government that regulates the activities of
Private Insurers and the FAIR
Plan. Go to: MN Dept of
Commerce home page.
Minnesota FAIR Plan office: We are located at 1201
Marquette Ave in Minneapolis, Suite 310.
Our office is open to the public Monday through Thursday, 8:00 A.M. to
4:00 P.M. and on Friday from 8:00 A.M. to 12:00 noon. Go to:
Contacting the FAIR Plan.
Minnesota Fair Claim Practices Act: Minnesota Chapter
72A.201 is commonly known as the Fair Claim Practices Act (FCPA). This law sets forth time standards and
standards of behavior that Insurers must follow. It also identifies practices that are considered unfair, and
therefore illegal. The
MN Department of
Commerce enforces the MN FCPA.
Violations of the MN FCPA should be reported to the Commerce Department,
Insurance Enforcement Division (651-296-2488).
It is the stated goal of the FAIR Plan to adhere to the MN FCPA at all
times.
Minnesota Joint Underwriting Association: The
Minnesota Joint Underwriting Association (MN JUA) is very similar to the MN
FAIR Plan, except that it was created to provide
liability coverage to those
businesses and organizations unable to obtain such coverage from a
Private Insurer. If you need liability coverage the MN JUA
may be able to help. They can be
reached at 651-222-0484 or 800-552-0013.
Misrepresentation: The use of written or oral
statements that do not reflect the true facts.
Stating that a property is owner occupied when it is actually vacant is
an example of misrepresentation.
Misrepresentation on the application can result in
rejection of the
application, or cancellation of the
policy.
Misrepresentation in the presentation of a claim can result in a
denial
of coverage for the loss, as well as cancellation of the policy. Misrepresentation with intent to defraud is
a crime in the State of Minnesota.
Mobile Home Fire Policy: This is a Dwelling Fire
Policy DP-1 sold to owners of mobile homes.
Mobile homes require different rates than a standard dwelling. This policy does not provide coverage for
theft
or liability losses.
Mortgagee: The financial institution that has granted
a mortgage on a property. The Mortgagee
has a financial interest in the property, and must be named on the
policy. The Mortgagee must also be named as a payee
on any payment for damage to the real property.
Mortgage Clause: A provision in the
policy that
grants certain rights to your Mortgagee.
One of those rights is to be named as a payee on any payment for damage
to the real property.
Mortgage Value: The outstanding balance on a mortgage
or Contract for Deed.
Mortgage value is not necessarily the Insurable
Value of a property. Your Insurer is under no obligation to provide
coverage equal to the amount of your mortgage balance.
Named Insured: The person or organization named on
the
policy. Also known as the
policyholder.
Negligence: The failure to show the appropriate
degree of care expected from a reasonable person. Intentional acts are not negligent acts.
Non-Renewal: The refusal of an
Insurer to renew a
policy for another term. A common reason for
non-renewal is claims experience.
Failure to pay the renewal premium on time is another common reason for
non-renewal. Minnesota law controls the
circumstances under which policies can be non-renewed. To qualify for insurance through the FAIR
Plan, you must first be rejected,
cancelled or non-renewed by a
Private Insurer. Our application requires you to tell us who
your previous insurance company was, and why you were non-renewed. We are required to collect this information.
Payment Plans: The FAIR Plan offers four payment
plans. Full pay, 2 pay, 3 pay and 4
pay. If your Mortgagee pays your
premium through an escrow account, full pay is the only payment option. A $3.00 service fee is added to each
installment payment except for the first one.
Perils: Perils are things that cause losses, such as
fire or windstorm. Read your
Declaration
Page and
policy to see which perils are covered under the contract.
Personal Liability Coverage: Personal Liability
provides coverage in cases where the Insured’s negligence
results in harm to a
third party (someone who is not an Insured under the
policy). Read your
policy for details.
Personal Lines: Insurance coverage designed for
individuals. Go to:
Lines of Business.
Personal Property:
Personal property is defined by most policies as property that is not permanently
attached to the land. Your policy has
limitations and restrictions on personal property coverage. Read your
policy for details.
Plan of Operation: The document that explains the
FAIR Plan, and provides the general guidelines for the operation of the
Plan. The Commerce Commissioner must
approve changes to our Plan of Operation before they take effect. Go to:
Plan of Operation
Policy: A legal contract that includes a
Declaration
Page, Insuring Agreement,
Definitions, Coverages,
Perils or Causes of Loss,
Exclusions,
and Conditions. The
policy can also
contain endorsements that further modify the terms of the contract. The policy contract sets forth the agreement
between the Insurer and the Insured.
The contract is legally binding on both parties, so it is important to
read your policy and endorsements. Click on the link to read or download your policy:
Dwelling Fire,
Renters HO4,
Condominium Unit Owners HO6,
Homeowners HO8,
Commercial Fire, Farm Fire. To read
the endorsements go to Documents, and follow the
links.
Premium: The cost of coverage under a
policy of
insurance. The premium charged is
determined by several factors including: the
protection class, the construction class, the
limit of coverage, the
deductible chosen, the type of
policy, the
occupancy (owner-occupied/tenant occupied/vacant), and sometimes the conditions
found on the premises.
Private Insurer: A stock
or mutual Insurance Company that
sells to consumers, organizations, businesses and farms. All Private
Insurers that collect property insurance premiums in Minnesota are
Member
Companies of the FAIR Plan, with the exception of
Surplus Lines Carriers.
Private Member: The
Governing Board is made up of
five Private Members and four Public Members.
The Member Companies determine which five
companies will represent them on
the Governing Board as Private Members.
Member Companies may attend the Annual Members Meeting and vote in
person, or they may vote by proxy. The
Member Companies selected to serve as Private Members determine which of their
employees will attend the Governing Board meetings. Member Company representation can change on a yearly basis.
Currently our Private Members are: State Farm Fire & Casualty, American Family
Mutual, Mutual Service Insurance, Austin Mutual and Farmer's Home Group.
Producer: A person who sells insurance, also known as
an Agent.
Proof of Loss: Information needed by the
Insurer to
establish the circumstances and amount of a claim.
Proof of Loss Form: A formal notarized statement,
made by an Insured as to the circumstances and amount of a
claim. The Proof of Loss Form is completed at the
request of the Insurer. The
MN Fair Claims Practices Act
requires the Insurer to request completion of the Proof of Loss Form, if one is
desired, within 10
business days of the report of the claim..
Property Damage: Physical injury to, destruction of,
or loss of use of tangible property.
Property Insurance: Insurance which protects the
physical (tangible) property of an individual.
Fire insurance is one example.
Property Removed: A coverage found in the
Additional
Coverages section of the policy. This
provides coverage for property that has been removed from the
insured location
to protect it from damage due to a covered peril. Read your policy for details.
Pro-Rata Cancellation: Pro-Rata
cancellation provides
a refund of the entire unearned premium, as of the date of
cancellation.
Protection Class: A factor used in determining the
premium to charge for coverage. The
protection class reflects the level of fire protection present. Better fire service means a lower
rate for
coverage.
Public Adjuster: A person or organization hired by an
Insured to represent them in the presentation of a
claim. Go to: Adjuster.
Public Members: The
Governing Board is made up of
four Public Members and five Private Members.
The Public Members are appointed by the Commerce Commissioner, and serve
for a term of two years. The
Commissioner can renew a Public Member’s appointment to the Board at the end of
his or her two-year term.
Rate: The charge per $1 of coverage that makes up the
premium charged for the policy. The
rate is determined by factors other than the limit of coverage. The rate is then multiplied by the limit of
coverage to determine the premium.
Selecting a higher deductible will result in a lower rate per $1 of
coverage. An occupied structure has a
lower rate for Vandalism coverage than a
Vacant structure. A brick building has a lower rate than a
wood building. The rates we use must be
approved in advance by the MN Department of Commerce. The rates used by the FAIR Plan are based on the advice of
ISO, our
overall claims experience, and the rates charged by
Private Insurers. Rate changes are announced a minimum of 60
days before they take effect. The Rate
Tables show the rates approved by the MN Department of Commerce, and currently
in use by the FAIR Plan. Go to: Documents
(links to Rate Tables)
Real Property: Real property
is defined by most policies as the structures and
buildings that are permanent additions to the land.
Reasonable Repairs: This coverage is found in the
Additional
Coverages section of the policy. It
provides reimbursement for temporary repairs done by the
Insured to protect covered property from damage by a
covered peril.
Read your policy for details.
Rejection: The act of refusing an
application for
coverage. Private Insurers have many
reasons why an Applicant does not qualify to purchase their insurance. claims experience, poor credit, excessive
distance from the Fire Department, the condition of the property, are some of
the reasons given by Private Insurers for rejection of an application. To qualify for insurance through the FAIR
Plan, you must first be rejected, cancelled or
non-renewed by a Private Insurer. Our application requires you to tell us which
Private Insurer rejected
your application for coverage, and why.
We are required to collect this information. Not all Applicants are accepted for coverage by the FAIR
Plan. There are some persons, as well
as some properties, that do not qualify for coverage. Go to: Underwriting Guidelines.
Renewal: Continuation of a
policy beyond the original
expiration date.
Repair Cost Coverage:
Defined in the Homeowners 8 policy as: the
necessary amount actually spent to repair or replace the loss to the building
structure but no more than the cost of using common construction materials and
methods where functionally equivalent to and less costly than obsolete, antique
or custom construction materials and methods. Repair cost is not the same
as Replacement cost. Repair cost provides coverage for a functionally equivalent replacement for
covered property, not like kind and quality replacement.
Replacement Cost Coverage: Property insurance that
provides coverage up to the current cost to replace damaged property with
property of like kind and quality, without a
reduction for depreciation. The FAIR
Plan does not provide Replacement Cost Coverage, although it is commonly
available from Private Insurers.
Representation: A statement made by an
Applicant for
insurance, or an Insured presenting a claim.
False representation on the application can result in
rejection of the
application or cancellation of the
policy.
False representation in the presentation of a claim can result in the
denial
of coverage, as well as the cancellation of the policy. False representation with intent to defraud
is a crime in the State of Minnesota.
Residual Market Mechanism: The term used within the
Insurance Industry to describe organizations such as the MN FAIR Plan or the
MN
Automobile Insurance Plan, that provide insurance to persons and organizations
that do not qualify for insurance with Private Insurers.
Salvage: It is the right of the
Insurer to take
possession of property (salvage) for which it has paid. Some Insurers, if agreed to by the
Insured, will ‘sell the salvage back' by deducting the salvage value from their settlement amount, and
allowing the Insured to keep the property.
Section I Coverage: The
Homeowner forms have two
sections. Section I provides coverage
for direct loss to the
covered property. (Coverage
A, B, C, and
D)
Section II Coverage: The
Homeowner forms have two
sections. Section II provides coverage
for Personal Liability (Coverage E) and
Medical Payments to Others.
(Coverage F)
Scheduled Property Coverage: Scheduled Property
coverage is provided as an endorsement to the
policy. It describes each item of covered
property, with a specific
limit
of liability for each item, and the covered perils. The most common Scheduled Property Coverage is that purchased to
cover jewelry, furs, artwork, and other high value
personal property. Scheduled Property coverage can take other
forms however, such as policies that cover specific locations (Commercial Lines). Although Scheduled Property Coverage is
available through Private Insurers, the only Scheduled Property coverage sold
by the FAIR Plan is Farm Scheduled Personal Property. The FAIR Plan does not sell Scheduled Property Coverage
under Homeowners,
Dwelling Fire or
Commercial policies.
Short Rate Cancellation: Short rate cancellation is
the refund of unearned premium less the cost of handling the request. Private Insurers use this method when the
Insured
requests the cancellation.
The FAIR Plan does not
use this form of cancellation.
Special/Open Peril Coverage: Although commonly sold
by Private Insurers, the FAIR Plan does not offer Special or Open Peril
Coverage. Special or Open Peril Coverage
provides payment for any loss that is not Excluded. It is most commonly available
for real property, although there are some open peril coverages sold for
personal property. The FAIR Plan provides only Named Peril
Coverage. Named Peril coverage requires that the cause of loss be included
in the list of perils covered.
Subrogation: If an
Insurer provides payment to the
Insured
for a covered loss caused by the
negligence of another, the Insurer can pursue
the negligent party for repayment of the loss.
Subrogation is the act of exercising this right. The right of subrogation is a transfer of
the Insured's right to sue the guilty party to their Insurer. The Insurer
in return, is required to demand repayment of the Insured's deductible and any
other losses not covered under the policy. The Insured has the right to
any proceeds the Insurer receives up to the amount of their uninsured
loss.
Surplus Lines: Can be described as the ‘non-standard’
insurance market, although Surplus Lines Carriers are Private Insurers. Products not commonly
sold in the standard market can sometimes be obtained through a Surplus Lines
Carrier. Surplus Lines Carriers will
also accept higher risk Insureds just as the FAIR Plan does. Sometimes a better product than that offered
by the FAIR Plan can be purchased from a Surplus Lines Carrier. If your Agent cannot help you find a Surplus
Lines Carrier, ask them to try the
MN Market Assistance Program.
Term: The length of time that the
policy remains in
force. All policies sold by the FAIR
Plan have a term of one year.
Theft: Theft is stealing, or taking the property of
another without permission.
Umbrella Liability Insurance: Liability policies that
provide high limits of coverage, as excess insurance. Although available from Private Insurers, the FAIR Plan does not
offer Umbrella Liability Insurance.
Underwriting: The process of classifying properties
according to the probability of having a loss, so that appropriate rates can be
applied. The process also includes
rejecting
risks that do not meet the minimum Underwriting Guidelines of the
organization.
Underwriting Guidelines:
Our Underwriting Guidelines
set forth the minimum underwriting requirements of the FAIR Plan, based on the
lines of business sold (Dwelling Fire,
Mobile Home Fire,
Homeowners, Farm Fire,
and Commercial Fire). Underwriting
Guidelines provide the standard used to determine if the property and
Applicant qualifies for
the coverage requested. Go to:
Underwriting Guidelines.
Unearned Premium: The amount of
premium that has not
been ‘used up’ during the time that the policy has been in force. For example, if a one-year policy were
cancelled after six months, half of the premium would be unearned.
Unscheduled Farm Personal Property: Although
available from Private Insurers, the FAIR Plan does not sell Unscheduled Farm
Personal Property coverage. Unscheduled
Farm Personal Property covers types or classes of property such as ‘tools’ for
an overall limit. This coverage does not
require the itemization of each item of covered property as
Scheduled Farm
Personal Property does.
Vacant: Vacant means that no one
is residing at the insured location, and the
personal property has been removed to the point that
the property is not habitable in the normal sense.
Vandalism: Vandalism is the intentional destruction
of property. Also known as malicious
mischief.
Workman’s Compensation Insurance: Commercial coverage
required by law, that provides coverage for on-the-job injuries, regardless of
whether the employer is negligent. Although
available through Private Insurers, the FAIR Plan does not sell Workman’s
Compensation coverage.
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