Iowa FAIR Plan and Standard Fire Policy
The Iowa FAIR Plan Association (Iowa Code 515F.31 through .38)
Iowa’s Fair Access to Insurance Requirements Plan — the Iowa FAIR Plan Association — provides essential property insurance for Iowa property owners who cannot obtain coverage in the voluntary market. Like FAIR Plans in other states, Iowa’s plan exists because some properties — older buildings, properties in higher-loss areas, properties with prior claim history — are difficult to insure in the standard market, but property owners still need coverage to obtain mortgages, satisfy lender requirements, and protect their investments.
Statutory Framework (Iowa Code 515F.31 through .38)
- Establishment (Iowa Code 515F.31). Iowa Code creates the FAIR Plan as an association of all licensed property insurers in Iowa, required to participate as a condition of doing property business in the state.
- Purpose (Iowa Code 515F.32). To provide an avenue through which essential property insurance may be obtained by property owners who have been unable to procure such insurance in the voluntary market.
- Operations (Iowa Code 515F.33). Governed by a plan of operations developed by the member insurers and approved by the Iowa Insurance Commissioner.
- Eligibility (Iowa Code 515F.34). Property owners may apply after being unable to obtain voluntary-market coverage. Iowa FAIR Plan typically requires evidence that the property has been declined in the voluntary market.
- Coverage (Iowa Code 515F.35). The FAIR Plan offers essential property coverage — typically dwelling fire (DP) forms or similar — at premiums actuarially sound for the risk. Coverage is generally narrower than voluntary-market homeowners policies; perils covered include fire, extended coverage (windstorm, hail, vehicle, smoke, explosion), and vandalism, depending on the form.
- Member assessments (Iowa Code 515F.36). Member insurers share in profits or losses based on their proportionate share of voluntary-market property premiums.
- Inspections (Iowa Code 515F.37). Property may be subject to inspection as a condition of FAIR Plan coverage.
- Discrimination prohibited (Iowa Code 515F.38). No applicant may be declined FAIR Plan coverage based on prohibited characteristics; the only legitimate basis for declination is the actuarial unsuitability of the risk.
The Standard Fire Policy (Iowa Code 515.109)
Iowa Code 515.109 codifies the Iowa Standard Fire Policy — Iowa’s adoption of the New York Standard Fire Policy framework that has been the foundation of American fire insurance since 1943. Every Iowa fire insurance policy must contain coverage no less favorable than the Standard Fire Policy on:
- Insuring agreement. The basic promise to indemnify against direct loss by fire, lightning, and removal.
- Concealment, fraud, suspension. The policy is void if the insured concealed or misrepresented material facts.
- Excluded property. Defined property is excluded (typically accounts, bills, currency, deeds, evidences of debt, money, securities).
- Conditions suspending coverage. Material change in occupancy or increase in hazard within the insured’s control.
- Other insurance clause.
- Loss settlement rules — actual cash value at the time of loss.
- Duties after loss. Notice of loss, protection of property from further damage, separation of damaged from undamaged property, inventory, examination under oath, production of records.
- Appraisal provision when the insured and insurer disagree on the amount of loss.
- Suit limitation. Time within which suit may be brought against the insurer.
- Subrogation. Insurer’s right of recovery against third parties.
Property Cancellation and Nonrenewal (Iowa Code 515.125 through .131 and 515D.4 through .7)
Iowa regulates property cancellation and nonrenewal carefully. Two parallel statutory tracks apply: Iowa Code 515.125 through .131 (general property cancellation rules) and Iowa Code 515D.4 through .7 (personal lines cancellation).
Cancellation Within the First 60 Days
During the first 60 days of a new policy, the insurer may cancel for almost any underwriting reason with the statutory notice period. This window allows the insurer time to complete its underwriting review without making a long-term commitment based on incomplete information.
Cancellation After 60 Days
After the first 60 days, cancellation is restricted to limited grounds:
- Nonpayment of premium. Defined notice period (typically 10 days).
- Material misrepresentation in the application.
- Substantial increase in the hazard insured against.
- Violation of a material policy condition.
- Loss of reinsurance affecting the policy.
Nonrenewal
Nonrenewal requires advance written notice from the insurer — generally at least 30 days before the renewal date — with the reason for nonrenewal stated. The insured then has time to seek alternative coverage.
Notice Requirements
Iowa’s cancellation and nonrenewal notices must be:
- Written. Delivered in person to the insured or sent by first-class mail to the insured’s last known address.
- Timely. Within the statutory notice period appropriate to the reason for cancellation.
- Specific. Stating the reason for cancellation or nonrenewal.
- Compliant with mortgagee notice requirements when applicable — the insurer must notify the mortgagee or other secured party in addition to the insured.