§ 2351 — Homeowners' insurance policies

§ 2351. Homeowners' insurance policies. (a) For the purposes of this\nsection, "homeowners insurance" means a contract of insurance insuring\nagainst the contingencies described in subparagraphs (A), (B) and (C),\nor (B) and (C) of paragraph two of subsection (a) of section three\nthousand four hundred twenty-five of this chapter and which is a\n"covered policy" of personal lines insurance as defined in such\nparagraph; provided, however, that the coverages provided under such\nsubparagraphs (B) and (C) shall not apply where the natural person does\nnot have an insurable interest in the real property, or a portion\nthereof, or the residential unit in which such person resides.\n (b) Multi-tier programs. An insurer may make available a multi-tier\nprogram with more than one rate level in the same company for\nhomeowners' insurance in the voluntary market provided that:\n (1) the program and the insurer's business plan encourage availability\nof homeowners' insurance in the voluntary market for insureds in high\nrisk areas, including coastal areas;\n (2) the program is based upon mutually exclusive and objective\neligibility rules per tier, to the extent feasible; and\n (3) credits can be applied on a per tier basis pursuant to an approved\nrating plan.\n (c) Prior to the approval of the provision authorized in subsection\n(b) of this section, the superintendent may promulgate rules and\nregulations governing the application of such provision.\n