North Dakota Code 26.1-39-09.3 – Fire protection class – Dispute
1. This section applies to an insurance policy issued or renewed to insure real property in this state.
Terms Used In North Dakota Code 26.1-39-09.3
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. Within thirty days following quoting, issuing, or renewing of the policy, the insured may assert a fire protection class which differs from the class identified by the insurer and the insurer shall implement this class. The insured shall present to the insurer a credible basis for the assertion supported by factual information.
3. Within ninety days following receipt of the assertion by an insured, the insurer may investigate the assertion and:
a. Change the fire protection class, effective from the date of issuance or renewal; or b. Document the basis for the original class and implement the original class effective from the date of issuance or renewal.
4. After making a determination under subsection 3, the insurer shall inform the insured of the determination.