23.0999.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2295
of North Dakota
Introduced by
Senators Klein, Vedaa
Representative Louser
1 A BILL for an Act to amend and reenact subsection 2 of section 24-02-01.1 and section
2 26.1-25-15 of the North Dakota Century Code, relating to the unsatisfied judgment fund and the
3 assigned risk plan; and to repeal chapter 26.1-23 of the North Dakota Century Code, relating to
4 the unsatisfied judgment fund.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Subsection 2 of section 24-02-01.1 of the North Dakota
7 Century Code is amended and reenacted as follows:
8 2. The motor vehicle department and the registrar of motor vehicles, including title 39,
9 chapter 57-40.3, and sections 26.1-23-03 andsection 26.1-41-02.
10 SECTION 2. AMENDMENT. Section 26.1-25-15 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 26.1-25-15. Assigned risks.
13 Agreements
14 1. An agreement may be made among insurers with respect to the equitable
15 apportionment among them of insurance which may be afforded applicants who are in
16 good faith entitled to but who are unable to procure such insurance through ordinary
17 methods and the insurers may agree among themselves on the use of reasonable rate
18 modifications for such insurance. These agreements and rate modifications areThe
19 agreement is subject to the approval of the commissioner.
20 2. The agreement approved in subsection 1 must be called the North Dakota automobile
21 insurance plan. The plan may issue policies of insurance in the name of the plan for
22 the applicants described in subsection 1, and to provide policyholder and claim-
23 handling services.
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 Sixty-eighth
Legislative Assembly
1 3. A policy of insurance issued by the plan must be recognized as if issued by an
2 insurance company authorized to issue insurance in this state. The policy also is
3 considered proof of financial responsibility in accordance with title 39. This section
4 does not revoke any exception granted in another section of law.
5 4. Every form and every modification, proposed to be used by the plan, of a policy,
6 endorsement, rider, manual of classification, rule, rate, or rating plan, must be filed and
7 approved by the commissioner before use.
8 5. An insurance company writing insurance in this state for private passenger motor
9 vehicles, commercial motor vehicles, and other motor vehicles must be a subscriber to
10 the plan.
11 6. The plan shall file an annual audited financial report with the commissioner promptly
12 upon the completion of the report.
13 7. An applicant for a policy, any person insured under any a policy, and any insurance
14 company affected may appeal to the commissioner from a ruling or decision of the
15 plan. A person aggrieved by an order or act of the commissioner, within thirty days
16 after receipt of written notice of the order or act, may file a petition in the district court
17 of Burleigh County.
18 8. The plan may be managed and operated by one or more entities approved by the
19 commissioner.
20 9. The commissioner may adopt rules to establish plan requirements and implement this
21 section.
22 SECTION 3. REPEAL. Chapter 26.1-23 of the North Dakota Century Code is repealed.
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Statutes affected:
INTRODUCED: 24-02-01.1, 26.1-25-15
Enrollment: 24-02-01.1, 26.1-25-15