70.149.050 - Selection of insurer to provide pollution liability insurance -- Eligibility for coverage.

Selection of insurer to provide pollution liability insurance — Eligibility for coverage. (Expires June 1, 2013.)

(1) In selecting an insurer to provide pollution liability insurance coverage to owners and operators of heating oil tanks used for space heating, the director shall evaluate bids based upon criteria established by the director that shall include:

     (a) The insurer's ability to underwrite pollution liability insurance;

     (b) The insurer's ability to settle pollution liability claims quickly and efficiently;

     (c) The insurer's estimate of underwriting and claims adjustment expenses;

     (d) The insurer's estimate of premium rates for providing coverage;

     (e) The insurer's ability to manage and invest premiums; and

     (f) The insurer's ability to provide risk management guidance to insureds.

     (2) The director shall select the bidder most qualified to provide insurance consistent with this chapter and need not select the bidder submitting the least expensive bid. The director may consider bids by groups of insurers and management companies who propose to act in concert in providing coverage and who otherwise meet the requirements of this chapter.

     (3) Owners and operators of heating oil tanks, or sites containing heating oil tanks where a preexisting release has been identified or where the owner or operator knows of a preexisting release are eligible for coverage under the program subject to the following conditions:

     (a) The owner or operator must have a plan for proceeding with corrective action; and

     (b) If the owner or operator files a claim with the insurer, the owner or operator has the burden of proving that the claim is not related to a preexisting release until the owner or operator demonstrates to the satisfaction of the director that corrective action has been completed.

[1995 c 20 § 5.]