A Brooklyn homeowner asks her NY producer to bind NYPIUA coverage because the property is in a coastal ZIP code. What documentation does NYPIUA require to confirm the applicant is eligible for the FAIR Plan?

Why this is the answer

NYPIUA eligibility under Insurance Law § 5403(a) requires the applicant to have made a diligent effort to obtain the coverage in the normal insurance market — typically shown by carrier declinations. Loss history alone does not disqualify or qualify; the test is market availability. The windstorm-deductible disclosure (11 NYCRR 74.1, Regulation 159, under Insurance Law § 3445) is a separate consumer-protection requirement, not an eligibility document. The surplus-lines diligent-search affidavit (three declinations under Insurance Law § 2118) is the excess-line gateway, not the FAIR Plan gateway. Per NY Ins. Law § 5403(a), the diligent-effort showing is the operative trigger.