Section 2502*2. Designation of particular insurer, agent or broker in property financing transactions  


Latest version.
  • (a)  No  person, firm or corporation  engaged in the business of financing the purchase of  real  or  personal
      property, lending money on the security thereof, or servicing a mortgage
      thereon,  and none of its trustees, directors, officers, agents or other
      employees, shall require, as a condition precedent to financing any such
      purchase or making any such loan or renewing or extending any such  loan
      or  mortgage  or  performing any other act in connection therewith, that
      the person, firm or corporation for whom the transaction  is  undertaken
      negotiate  any  policy  of  insurance  or  renewal thereof covering such
      property through a particular insurance company, agent or broker.
        (b) This section shall not  prevent  the  exercise  of  any  right  to
      approve  or  disapprove  of the insurance company selected to underwrite
      the insurance, except that in exercising such right, whether pursuant to
      this section or any other law, such person, firm, or corporation and its
      trustees, directors, officers, agents and employees shall not:
        (1) discriminate against an insurance company which issues a policy of
      insurance that is non-assessable as to any designated mortgagee  or  any
      secured  creditor  designated  as  a loss payee because of the insurer's
      type of organization, or
        (2) refuse to accept an insurance policy because it was not negotiated
      through a particular insurance company, agent or broker.
        (c) No such person, firm or  corporation  shall,  in  connection  with
      compliance  with  a covenant to insure, require that the person, firm or
      corporation for whom the purchase of the property is financed or to whom
      a mortgage loan is made or who owns the property  shall  pay  a  fee  or
      other charge as a condition to accepting, during the unexpired term of a
      policy then held, another policy of insurance in substitution therefor.
        * NB Effective September 10, 2011