R.I. Gen. Laws ch. 42-128.1 § 42-128.1-9

(a) The department of business regulation shall, by January 1, 2003, establish a uniform
policy with regard to exclusion for lead poisoning and shall adopt any rules and requirements
that may be necessary to assure the availability of insurance coverage for losses
and damages caused by lead poisoning, in accordance with the provisions of this chapter,
which policy and rules shall apply to liability coverage available to property owners.
The department of business regulation shall have the authority and is empowered, consistent
with the requirements of chapter 35 of this title, to promulgate rules and regulations,
which shall enable it to compile and analyze data and to make determinations with
regard to the availability of and rates for lead liability coverage.


(b) Except as otherwise provided by this chapter, no insurance company licensed or permitted
by the department of business regulation to provide liability coverage to rental property
owners shall exclude, after October 31, 2005, coverage for losses or damages caused
by lead poisoning. The department of business regulation shall not permit, authorize,
or approve any exclusion for lead poisoning, except as specifically provided for by
this chapter, that was not in effect as of January 1, 2000, and all previously approved
exclusions shall terminate October 31, 2005. As of November 1, 2005, coverage for
lead poisoning shall be included in the policy or offered by endorsement, as set forth
in this section.


(c) All insurers issuing commercial lines insurance policies and personal lines insurance
policies covering pre-1978 rental housing in compliance with: (i) The requirements
of this chapter for lead hazard mitigation; (ii) With the requirements of chapter 24.6 of title 23 for lead safe housing, within the state of Rhode Island; or (iii) Relying on a valid
certificate of compliance or conformance shall, effective November 1, 2005, include
in the policy coverage for liability for injury, damage, or death resulting from occurrences
of lead poisoning in an amount equal to and no less than the underlying policy limits
for personal injury/bodily injury coverage provided under the policy so issued to
a residential rental property owner. The property owner shall, if requested by the
insurer, present to the insurance company, either: (1) Proof of certificate of compliance
of an independent clearance inspection and of any affidavit of visual inspection required
to maintain the validity of the independent clearance inspection; (2) Proof of meeting
the mitigation standard in the form of a clearance exam showing that lead hazards
are mitigated; or (3) Proof of abatement. This proof shall be prima facie evidence
of compliance with the requirements of this chapter. In any subsequent renewal, the
insurer may require any continuing proof whenever the certificate is expiring, has
expired, or is otherwise invalidated.


(d) For residential rental properties that have not been brought into compliance with
the requirements for lead hazard mitigation pursuant to this chapter or for lead hazard
reduction pursuant to chapter 24.6 of title 23 or that do not have a valid certificate of compliance or conformance, effective November
1, 2005, for residential rental property owners who own or owned a substantial legal
or equitable interest in one property and have had no more than one un-remediated
dwelling unit at which a child was poisoned prior to November 1, 2005, and for residential
property owners who own or owned more than one property and have had no more than
two (2) un-remediated dwelling units at which a child was poisoned prior to November
1, 2005, an insurance company, which provides liability insurance to a residential
rental property owner, shall either offer lead liability coverage for bodily injury,
which shall be equal to the underlying limits of liability coverage for the property,
by endorsement, or shall assist the insured in placing lead liability coverage through
the program commonly known as the Rhode Island FAIR Plan either directly or through
one of the insurance company's agents or brokers, and the Rhode Island FAIR Plan shall
make available liability coverage for damages caused by lead poisoning to the class
of property owners described in this subsection. If the insured seeks lead liability
coverage with the FAIR Plan, the FAIR Plan may use reasonable underwriting guidelines,
as approved by the department of business regulation, to underwrite the property.
Any property owner who fails to remediate a property, after a notice of violation
subsequent to October 31, 2005, and any property that is not remediated after notice
of a violation subsequent to October 31, 2005, shall not be eligible to receive an
offer of coverage and shall be subject to cancellation and nonrenewal of that coverage
if the property is not found to be in compliance with the lead law within ninety (90)
days of the date of issuance of the notice by the director, as applicable.


(e) Rates for lead poisoning liability coverage, as specified in subsections (c) and (d)
of this section, shall be approved by the department of business regulation, notwithstanding
any limits on rate approval authority established by the provisions of chapter 65 of title 27 and subject to the provisions of §§ 27-44-6 and 27-44-7, using the following standards:


(1) That they are not excessive, inadequate, or unfairly discriminatory;


(2) That consideration is given to:


(i) Past and prospective loss experience within the state of Rhode Island;


(ii) A reasonable margin for profits and contingencies;


(iii) Past and prospective expenses specifically applicable to the state of Rhode Island:


(iv) Any other data, including data compiled in other states, especially regarding experience
data for lead liability coverage, that the department may deem necessary; and


(v) Past history of the owner with regard to lead poisoning or any associated violations.


(f) The department of business regulation shall have the authority and is empowered, consistent
with the requirements of chapter 35 of this title, to promulgate rules and regulations
to enable it to compile and analyze data and to make determinations with regard to
the availability of and rates for lead liability coverage. In order to effect the
purposes of this section insurers shall file, on or before October 1, 2004, the proposed
language of endorsements for lead liability coverage and the proposed rates for that
coverage with the department.


(g) All endorsements, rates, forms, and rules for lead liability coverage approved by
the department of business regulation to be effective on or after July 1, 2004, are
hereby extended to be effective November 1, 2005. Prior to November 1, 2005, insurers
and advisory organizations shall continue to utilize all endorsements, rates, forms,
and rules in effect on June 30, 2004, for lead liability coverage. The department
shall not approve any new endorsements, rates, forms, or rules for lead liability
coverage in pre-1978 residential rental properties unless the filings are submitted
in accordance with the provisions of this act. The department is hereby authorized
to promulgate reasonable rules and regulations to carry out the provisions of this
section.