Current through December 3, 2024
Section 230-RICR-20-05-9.5 - Prospective Application and Notification to Insureds with ExclusionsA. This statute does not provide or contemplate a retrospective application and will only be applied prospectively. 1. Therefore, if an in-force policy has an approved exclusion in place prior to October 31, 2005, this exclusion will remain in effect until the expiration or other permissible termination of the policy. 2. Any policy issued, delivered or renewed after October 31, 2005 must follow R.I. Gen. Laws § 42-128.1-9.B. If a policy issued prior to October 31, 2005 excludes coverage for lead liability and the policy will not expire until after October 31, 2005, persons covered by those policies will be able to obtain "stand alone" lead liability coverage from the FAIR Plan beginning November 1, 2005. 1. Therefore, all insurers that issued policies with lead liability exclusions where the policy period will extend past October 31, 2005 must provide written notification to insureds of the availability of FAIR Plan coverage. a. The insurer shall provide this notification directly or indirectly by the insurer through its producer. b. This written notice must be separately sent to the insured not later than October 1, 2005 for policies which have already been renewed or upon renewal of the policy prior to October 31, 2005. c. The notice shall be in at least 16-point type, clearly state that the policy does not include lead liability coverage and that the insured is eligible for lead liability coverage through the FAIR Plan unless otherwise ineligible. d. The notice must provide information on how the insured can contact the FAIR Plan, including the FAIR Plan's address and telephone number(s), including a toll-free number.230 R.I. Code R. 230-RICR-20-05-9.5