Statute: 1971 ACT AS AMENDED
Title: Title IV Provisions Applicable to Two or More Classes of Institutions of the System
Part: Part F Sale of Insurance
U.S. Code Citation: 12 U.S.C. 2218
Part F—Sale of Insurance
12 U.S.C. 2218 SEC. 4.29. LINES OF INSURANCE.
(a)(1) The regulations of the Farm Credit Administration governing financially related services that the banks and associations of the Farm Credit System may provide under titles I and II may authorize the sale to any member of or borrower from any such bank or association, on an optional basis, of credit or term life and credit disability insurance appropriate to protect the loan commitment in the event of death or disability of the debtors and other insurance necessary to protect the member's farm or aquatic unit, but limited to, hail and multiple-peril crop insurance, title insurance, and insurance to protect the facilities and equipment of aquatic borrowers. A member or borrower shall have the option, without coercion from the bank or association of such member or borrower, to accept or reject such insurance.
(2) In making insurance available through private insurers, the banks shall approve the programs of more than two insurers for each type of insurance offered in the district, if more than two insurers for each type of insurance have proposed programs to a bank that will, in all likelihood, have long-term viability and meet the requirements of subsection (b)(2)(D). The banks may provide comparative information relating to costs and quality of approved programs and the financial conditions of approved companies. Associations shall offer at least two insurers for each program from among those approved by the Farm Credit Banks, if at least two insurers have been approved in accordance with this paragraph.
(b) Such regulations shall provide that—
(1) in any case in which insurance is required as a condition for a loan or other financial assistance from a bank or association, notice be given that it is not necessary to purchase the insurance from the bank or association and that the borrower has the option of obtaining the insurance elsewhere;
(2) such insurance services may be offered only if—
(A) the bank or association has the capacity to render insurance service under this Act in an effective and efficient manner;
(B) there exists the probability that any insurance program under this Act will generate sufficient revenue to cover all costs;
(C) rendering insurance service will not have an adverse effect on the bank's or association's credit or other operations;
(D) the insurance program has been approved by the bank or association from among specific programs made available to it by insurers—
(i) meeting reasonable financial and quality of service standards; and
(ii) licensed under State law to do business in the State; and
(E) in making insurance available through approved insurers, the board of directors of the association or bank selects and offers at least two approved insurers for each type of insurance made available to the members and borrowers, if at least two insurers have been approved in accordance with subsection (a)(2); and
(3) no bank or association shall directly or indirectly discriminate in any manner against any agent, broker, or insurer that is not affiliated with such bank or association, or against any party who purchases insurance through any such nonaffiliated insurance agent, broker, or insurer.
(c) Notwithstanding any provision of this section to the contrary, any bank or association that on the date of enactment of the Farm Credit Act Amendments of 1980, is offering insurance coverages not authorized by this section may continue to sell such coverages for a period of not more than one year from such date of enactment and may continue to service such coverages until their expiration.
Note: See section 422(b) of the Agricultural Credit Act of 1987 for a provision relating to insurance programs in effect prior to the date of enactment of such act.
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