Section 45-05-09-01 - Defense expenses within limit of liability provisions - Exceptions1. No admitted insurer shall issue or renew a policy of liability insurance in this state that includes defense expenses within the limit of liability unless the policy's minimum limit per occurrence or the aggregate liability limit for all liability risks and coverages under the policy is at least: a. One million dollars for primary coverages; andb. One hundred thousand dollars for secondary coverages.2. No admitted insurer shall issue or renew a policy of liability insurance in this state that includes defense expense allowance provision unless the policy's minimum limit per occurrence or the aggregate liability limit for all liability risks and coverages under the policy is at least: a. Three hundred thousand dollars for damages and one hundred thousand dollars for defense for primary coverages except medical malpractice and legal malpractice; (1) Three hundred thousand dollars for damages and fifty thousand dollars for defense for primary coverages for legal malpractice only;(2) One million dollars for defense for primary coverages for medical malpractice; andb. One hundred thousand dollars for either damages or defense for secondary coverages. "Primary coverages" means the main or intended coverage of the policy.
"Secondary coverages" means coverage which is in addition to the main policy by endorsement, rider, or additional coverages.
N.D. Admin Code 45-05-09-01
Adopted by Administrative Rules Supplement 2015-356, April 2015, effective 4/1/2015.Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.General Authority: NDCC 28-32-02
Law Implemented: NDCC 26.1-04-02