Over Insurance Statutes by State

Arizona #

6-909

Prohibited Acts #

P. A mortgage broker shall not require a person seeking a loan secured by real property to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer.

Oregon #

742.200

Fire insurance not to exceed value of property insured #

1. No insurer, insurance producer or insured shall knowingly issue or procure any fire insurance policy upon property within this state for an amount which with any existing insurance exceeds the fair value of the risk insured or of the interest of the insured therein.
2. This section does not apply to insurance on stocks of merchandise or property of fluctuating values where the reduced rate percentage value clause is made a part of the policy.

Texas #

FINANCE CODE TITLE 3. SUBTITLE E. CHAPTER 180. SUBCHAPTER A.

PROHIBITED ACTS AND PRACTICES #

Sec. 180.153. An individual or other person subject to regulation under this chapter may not:

(15) cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer

Idaho #

Washington #

RCW 48.27.010

Over-insurance prohibited #

1. Over-insurance shall be deemed to exist if property or an insurable interest therein is insured by one or more insurance contracts against the same hazard in any amount in excess of the fair value of the property or of such interest, as determined as of the effective date of the insurance or of any renewal thereof, or in those instances when insured value is for improvements and land.
2. For the purposes of this section only the term “fair value” means the cost of replacement less such depreciation as is properly applicable to the subject insured.
3. No person shall knowingly require, request, issue, place, procure, or accept any insurance contract which would result in over-insurance of the property or interest therein proposed to be insured, except as is provided in RCW 48.27.020.
4. No person shall compel an insured or applicant for insurance to procure property insurance in an amount in excess of the amount which could reasonably be expected to be paid under the policy (or combination of policies) in the event of a loss, whether such insurance is required in connection with a loan or otherwise.
5. Each violation of this section shall subject the violator to the penalties provided by this code.