Implement Fair Access to Insurance Requirements Plans

The bill clarifies that the fair access to insurance requirements plan association (association) is not:

• A department, unit, agency, political subdivision, or instrumentality of the state; or
• An insurance company or a person engaged in the business of insurance.

The bill also grants a member insurer, the association and its agents or employees, the board of directors of the association, and the commissioner of the division of insurance or the commissioner's representatives immunity for any action taken by them in the performance of their powers and duties. The bill specifies that the only causes of action and remedies available to a policyholder of a fair access to insurance requirements plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)