2025 Session Last amended: 2003 session

§ 65A.42 — Immunity From Liability

Plain-Language Summary

This section protects the Minnesota FAIR plan, its board, staff, insurers participating in the plan, and the commissioner from civil or criminal liability for actions taken in good faith within their responsibilities under the FAIR Plan Act. Inspection reports and communications from the FAIR plan and its inspection vendors are not public records.

65A.42 IMMUNITY FROM LIABILITY.

There is no civil or criminal liability on the part of, and no cause of action of any nature arises against insurers, the Minnesota FAIR plan, the governing board, or employees of the plan or the commissioner or the commissioner’s authorized representatives, for any acts or omissions by them if the acts or omissions were in good faith and within the scope of their responsibilities under sections 65A.31 to 65A.42. The inspection reports and communications of the inspection vendors and the Minnesota FAIR plan are not public documents.

History:

1969 c 483 s 12; 1971 c 24 s 11; 1986 c 444; 1993 c 248 s 16; 1999 c 120 s 11; 2003 c 40 s 20

History: History: 1969 c 483 s 12; 1971 c 24 s 11; 1986 c 444; 1993 c 248 s 16; 1999 c 120 s 11; 2003 c 40 s 20

Practical Notes

The FAIR plan and the commissioner cannot be sued for good-faith decisions made in running the program. However, this immunity only applies when they are acting within their authority and in good faith. If you believe the FAIR plan acted improperly, your remedy is the appeal process — not a lawsuit. Note that the inspection reports prepared about your property are not public documents, though you have a right to receive a copy under the inspection process.

Source: Minnesota Office of the Revisor of Statutes