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Keywords

arson, fraud, insurance fraud

Abstract

This Comment discusses the Fair Access to Insurance Requirements (FAIR) plans implemented in twenty-six states, the District of Columbia, and Puerto Rico pursuant to the Urban Property Insurance Protection and Reinsurance act in an attempt to ameliorate urban deterioration by reducing unfair insurance pratices. These plans provided insurance to property owners denied insurancy in the voluntary market. The Comment outlines the history of FAIR plans, their federally mandated guidelines, and the state's implementation of such requrements, the Holtzman amendment of 1978 (requiring at least one-third of the voting members of the FAIR plan governing boards to be independent representatives of the public, unconnected with the insurance industry world), and the relationship between FAIR plans and arson-for-profit. The Comment argues that the relationship between FAIR plans and arson-for-profit was overstated, perhaps to obstruct adoption of the Hotzman amendment's rate parity mandate.

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Insurance Law Commons

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