DRAFT
 


LINE OF BUSINESS:

Other Liability

LINE(S) OF INSURANCE

CODES

 

 

Claims Made

17.1000

 

 

Occurrence

17.2000

Code:

 

17.0000

CGL

17.0001

 

 

Completed Operations

17.0002

 

 

 

 

IF CHECKLIST IS NOT APPLICABLE, PLEASE EXPLAIN:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REVIEW REQUIREMENTS

REFERENCE

DESCRIPTION OF REVIEW

STANDARDS REQUIREMENTS

LOCATION OF STANDARD IN FILING

 

GENERAL REQUIREMENTS

 

 

 

 

FOR  ALL FILINGS

 

 

 

 

 

 

 

 

 

COPIES, RETURN ENVELOPES ETC.

Rule & Reg 23—12/18/02. This reg is scheduled to change in 2003. WORD   PDF

12/18/02—At this time Arkansas will accept the abstracts required in current Rule and Reg 23 or the NAIC Uniform Transmittal Document and its related forms.  If the Uniform Transmittal document is used, no cover letter is necessary.

 

 

 

COVER LETTER AND EXPLANATORY MEMORANDUM

Rule & Reg 23—12/18/02. This reg is scheduled to change in 2003. WORD   PDF

12/18/02—At this time Arkansas will accept the abstracts required in current Rule and Reg 23 or the NAIC Uniform Transmittal Document and its related forms.  If the Uniform Transmittal document is used, no cover letter is necessary.

 

 

 

 Effective Date Wording

23-67-219  WORD PDF

C)(i)  Every filing must be submitted for approval to the commissioner at least thirty (30) days prior to the proposed effective date. 

(ii)  Upon written request of the filer, the commissioner may authorize an earlier effective date. 

 

 

 

 

 

 

 

 

 

FREE CONTRACT PROHIBITED

 

 

 

 

 

 

 

 

 

 

 

LIMITATIONS/RESTRICTIONS ON TRANSACTING BUSINESS

 

 

 

 

 

NAIC #

Bulletin 8-90  WORD  PDF

NAIC #s are required on all correspondence, documents, reports, etc. filed by the insurer with the AR Insurance Dept.

 

 

 

 

 

 

 

 

 

TRANSACTING OTHER BUSINESS

 

 

 

 

 

 

 

 

 

 

 

FORMS: POLICY

PROVISIONS:

 

 

 

 

 

 

 

 

 

 

 

ACCESS TO COURTS

23-79-203  WORD  PDF

23-79-203. Trial by jury.(a)  No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b)  All such provisions, conditions, or agreements shall be void.

 

 

 

 

 

 

 

 

 

 AGGREGATE LIMITS

 

 

 

 

 

 

 

 

 

 

 

AMBIGUOUS & MISLEADING

 

 

 

 

 

 

 

 

 

 

 

APPLICATIONS

23-79-109(a)  WORD  PDF

23-79-109. Filing and approval of forms. (a)(1)(A)  No basic insurance policy, or annuity contract form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be issued, delivered, or used as to a subject of insurance resident, located, or to be performed in this state unless the form has been filed with and approved by the Insurance Commissioner and, in the case of individual accident and health contracts, the rates have been filed with and approved by the commissioner. 

 

 

 

 

 

 

 

 

 

APPRAISALS

23-79-203(a)    WORD  PDF               Bulletin 19-89  WORD  PDF

23-79-203. Trial by jury.(a)  No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. 

(b)  All such provisions, conditions, or agreements shall be void. 

 

 

 

ARBITRATION

23-79-203(a)    WORD  PDF               Bulletin 19-89  WORD  PDF

23-79-203. Trial by jury.(a)  No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. 

(b)  All such provisions, conditions, or agreements shall be void. 

 

 

 

 ASSESSIBLE POLICIES

 

 

 

 

 

 

 

 

 

 

 

BANKRUPTCY PROVISIONS

23-89-102 Word    PDF;

Jarboe v. Shelter Ins. Co., 317 Ark. 395,877 S.W.2d 930 (1994)

Insurer’s liability is not affected by the insured’s insolvency; the filing of a petition in bankruptcy is not the type of immunity contemplated by this section.

 

 

 

BLANK ENDORSEMENTS

23-79-109 WORD  PDF              

Forms must be filed. A form without specific language is not a complete form and can't be approved.  However, we will consider approving a "blank" form if the company will provide a detailed description of how the form will be used.

 

 

 

CANCELLATION & NON-RENEWAL

23-66-206(11)  WORD  PDF

See “Permissible Reasons for Cancellation” below 

 

 

 

Cancellation-indiscriminate & capricious cancellation or nonrenewal by insurers

Directive 1-85 

Bulletin 13-85  WORD  PDF

Directive 1-85 primarily states the Dept. position on cancellations & nonrenewals. It deals with policies in effect more than 60 days, policyholders forced to suffer cancellation or nonrenewal when a company decides they wish to restrict writing in an area, termination of agent/agency contracts, etc.  Bulletin 13-85 emphasizes the Dept. position stated in Directive 1-85.  Both Directive and Bulletin are too long to provide here but are available by email or fax by contacting the P&C Division (501-371-2800).

 

 

 

Calculation of Unearned/Return Premium

23-79-112(h)  WORD  PDF

“(h)  On and after January 1, 1990, every property and casualty policy shall contain a provision stating the method to be utilized in computing premium refunds in the event of cancellation of the policy by the insured or the insurer.”

 

 

 

Conditional Renewal

23-79-307  WORD  PDF

(6)(A)  When an insurer revises its rates or rules and the revision results in a premium increase equal to or greater than twenty-five percent (25%) on any renewal policy issued for a term of twelve (12) months or less, the insurer shall mail or deliver to the insured's agent not less than thirty (30) days prior to the effective date of renewal, and to the insured not less than ten (10) days prior to the effective date of renewal, notice specifically stating the insurer's intention to increase the premium by an amount equal to or greater than twenty-five percent (25%). 

(B)  If the notice is not given as stated in subdivision (6)(A) of this section, the insurer is required to extend the existing policy thirty (30) days from the date such notice is mailed or delivered. The premium for the policy as extended in such circumstances

 

 

 

Minimum Retained Premium

23-79-112(b)(7)  WORD  PDF

   23-79-112. Contents.

 (a)  The written instrument in which a contract of insurance is set forth is the policy. 

(b)  Every policy shall specify: 

(1)  The names of the parties to the contract; 

(2)  The subject of the insurance; 

(3)  The risks insured against; 

(4)  The time when the insurance thereunder takes effect and the period during which the insurance is to continue; 

(5)  The premium or premium deposit; 

(6)  The policy fee, if any; 

(7)  The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and 

(8)  The conditions pertaining to the insurance. 

 

 

 

Notice of Cancellation

23-66-206(9)(B)  WORD  PDF

(B)  Cancellations of property and casualty policies shall only be effective when notice of cancellation is mailed or delivered by the insurer to the named insured and to any lienholder or loss payee named in the policy at least twenty (20) days prior to the effective date of cancellation. However, where cancellation is for nonpayment of premium, at least ten (10) days' notice of cancellation accompanied by the reason for cancellation shall be given

 

 

 

Notice of Non-renewal

23-79-307(7)  WORD  PDF

(7)  Except in the case of nonpayment of premium, an insurer shall renew a policy, unless a written notice of nonrenewal is mailed at least sixty (60) days prior to the expiration date of the policy or, for a policy for a term longer than one (1) year and not having a fixed expiration date, sixty (60) days prior to the anniversary date

 

 

 

Permissible Reasons for Cancellation

23-66-206(9)(A)  WORD  PDF

(9)(A)  "Policy cancellations" are cancellations of insurance coverage on a property or casualty risk which has been in force over sixty (60) days or after the effective date of a renewal policy or an annual anniversary date, unless the cancellation is based upon at least one (1) of the following reasons: 

(i)  Nonpayment of premium; 

(ii)  Fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing the policy, or in presenting a claim under the policy; 

(iii)  The occurrence of a material change in the risk which substantially increases any hazard insured against after policy issuance; 

(iv)  Violation of any local fire, health, safety, building, or construction regulation or ordinances with respect to any insured property or the occupancy of the property, which substantially increases any hazard insured against under the policy; 

(v)  Nonpayment of membership dues in those cases where the bylaws, agreements, or other legal instruments of the insurer issuing the policy require payment as a condition of the issuance and maintenance of the policy; or 

(vi)  A material violation of a material provision of the policy. 

(B)  Cancellations of property and casualty policies shall only be effective when notice of cancellation is mailed or delivered by the insurer to the named insured and to any lienholder or loss payee named in the policy at least twenty (20) days prior to the effective date of cancellation. However, where cancellation is for nonpayment of premium, at least ten (10) days' notice of cancellation accompanied by the reason for cancellation shall be given. 

(C)  The provisions of subdivision (9) of this section shall not be applicable to any policy providing coverage for workers' compensation or employers' liability or to any policy providing coverage for personal automobile liability, automobile physical damage, or automobile collision, or any combination thereof; 

 

 

 

Permissible Reasons for Non-renewal

Directive 1-85 

Bulletin 13-85  WORD  PDF

There is nothing SPECIFIC to this line of business but Directive 1-85 primarily states the Dept. position on cancellations & nonrenewals. It deals with policies in effect more than 60 days, policyholders forced to suffer cancellation or nonrenewal when a company decides they wish to restrict writing in an area, termination of agent/agency contracts, etc.  Bulletin 13-85 emphasizes the Dept. position stated in Directive 1-85.  Both Directive and Bulletin are too long to provide here but are available by email or fax by contacting the P&C Division (501-371-2800).

 

 

 

Required Policy Period

23-79-112(b)(4) WORD  PDF

   23-79-112. Contents.

 (a)  The written instrument in which a contract of insurance is set forth is the policy. 

(b)  Every policy shall specify: 

(1)  The names of the parties to the contract; 

(2)  The subject of the insurance; 

(3)  The risks insured against; 

(4)  The time when the insurance thereunder takes effect and the period during which the insurance is to continue; 

(5)  The premium or premium deposit; 

(6)  The policy fee, if any; 

(7)  The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and 

(8)  The conditions pertaining to the insurance. 

 

 

 

 

 

 

 

 

 

 CERTIFICATIONS

 

AR is a pilot state for self-certification.  However, the forms required have not been developed.  Contact Property & Casualty for additional info at (501)-371-2800.

 

 

 

 

 

 

 

 

 

CLAIMS MADE

23-79-306 WORD  PDF

This section is too large to include in its entirety.  See link to left.

 

 

 

 

 

 

 

 

 

 CLEAR  & UNAMBIGUOUS LANGUAGE

 

 

 

 

 

 

 

 

 

 

 CONSUMER INFORMATION

 

 

 

 

 

 Privacy notice

 

 

 

 

 

Notification Form

Bulletin 6-87  WORD  PDF

Requires the address & phone # of the Arkansas Insurance Dept in every policy.  The correct address is: Arkansas Insurance Dept., Consumer Services Division, 1200 W. 3rd St., Little Rock, AR  72201-1904;  Telephone 800-852-5494 or 501-371-2640

 

 

 

 CONTENT OF POLICIES

23-79-111 WORD  PDF

23-79-112  WORD  PDF

Too large to include entire code cite here.  Refer to the links to the left

 

 

 

 COUNTERSIGNATURES

Not Applicable

Resident countersignature requires were repealed several years ago.

 

 

 

DECLARATIONS PAGE

No specific requirements

 

 

 

 

 

 

 

 

 

 

DEFENSE WITHIN LIMITS

23-79-305(7)  WORD  PDF

(5)(A)  Policies containing provisions which would reduce the limit of liability available for judgments or settlements by the amount of payment made for defense cost or claim expenses shall not be approved by the Insurance Commissioner unless a separate limit for defense costs equal to one hundred percent (100%) of the annual aggregate limit of liability stated in the policy for judgments or settlements is offered for defense costs or claims expenses to the insured.  However, no policy covering automobile liability insurance may contain the defense within the limits concept. 

 

 

 

 

 DISCLOSURES

 

 

 

 

 

 

 

 

 

 

 

DEFINITIONS

 

 

 

 

 

 

 

 

 

 

 

DISCRIMINATION

23-66-206(14)  WORD  PDF

This section too large to provide here.  Check link to left.

 

 

 

 Domestic Abuse

 

 

 

 

 

 

 

 

 

 

 

 DUTY TO DEFEND

23-79-307(5)(A)  WORD  PDF              

(5)(A)  Policies containing provisions which would reduce the limit of liability available for judgments or settlements by the amount of payment made for defense cost or claim expenses shall not be approved by the Insurance Commissioner unless a separate limit for defense costs equal to one hundred percent (100%) of the annual aggregate limit of liability stated in the policy for judgments or settlements is offered for defense costs or claims expenses to the insured.  However, no policy covering automobile liability insurance may contain the defense within the limits concept. 

(B)  This subsection shall not apply to policies or contracts which the commissioner may exempt by order upon a finding that this subsection may not practically be applied or that its application is not necessary or desirable for the protection of the public

 

 

 

 

 

 

 

 

 

EMPLOYERS LIABILITY

See WC Checklist

 

 

 

 

 

 

 

 

 

 

EXCESS COVERAGE

 

 

 

 

 

 

 

 

 

 

 

 EXCLUSIONS & LIMITATIONS

 

 

 

 

 

 Asbestos

 

 

 

 

 

 Terrorism

Bulletin 13-2002

Bulletin provides info on rate/form submission requirements.  See link at left for complete copy of bulletin.

 

 

 

FICTITIOUS GROUPS

23-66-304  WORD  PDF

Fictitious groups. (a) No insurer, whether an authorized or unauthorized insurer, shall make available through any rating plan or form any fire, casualty, or surety insurance to any person, firm, corporation, or association of individuals at any preferred rate, premium, or form of contract based upon any fictitious grouping of the firm, corporation, or association.  (b)  "Fictitious grouping" is defined and declared to be the grouping by membership, nonmembership, license, franchise, agreement, contract, or any other method or means wherein the person, firm, corporation, or association of individuals of a group may receive a preferred rate, premium, or form of insurance contract.  (c)  Nothing in this section shall apply to the State of Arkansas or any governmental unit thereof, including counties, school districts, municipalities, state agencies, or any other governmental subsidiary, to life or accident and health insurance or to annuity contracts, nor to any insurer that restricts its insurance coverage to members of a particular association or organization with which the insurer is directly affiliated. 

 

 

 

 

 

 

 

 

 

FORMS MISCELLANEOUS

23-79-109  WORD  PDF              

(General requirement that forms be filed).  This section too large to provide here.  Check link to left.

 

 

 

FRAUD WARNING

23-66-503  WORD  PDF

Fraud warning required. (a)  Claim forms, proofs of loss, or any similar documents, however designated, seeking payment or benefit pursuant to an insurance policy, and applications for insurance, regardless of the form of transmission, shall contain the following statement or a substantially similar statement: 

   "Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison." 

(b)  The lack of a statement as required in subsection (a) of this section does not constitute a defense in any prosecution for a fraudulent insurance act. 

(c)  Policies issued by unauthorized insurers shall contain a statement disclosing the status of the insurer to do business in the state where the policy is delivered or issued for delivery or the state where coverage is in force. The requirement of this subsection may be satisfied by a disclosure specifically required by § 23-65-307. 

(d)  The requirements of this section shall not apply to reinsurance proofs of loss or applications. 

 

 

 

 

 

 

 

 

 

GROUP POLICIES

 

 

 

 

 

 

 

 

 

 

 

 LIMITS

 

 

 

 

 

 

 

 

 

 

 

 LOSS PAYEE

 

 

 

 

 

 

 

 

 

 

 

LOSS SETTLEMENTS

 

 

 

 

 

 Appraisal

23-79-203(a)      WORD  PDF                             Bulletin 19-89  WORD PDF

Trial by jury.(a)  No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. 

(b)  All such provisions, conditions, or agreements shall be void. 

 

 

 

After Market Parts

Bulletin 4-97  WORD  PDF

Act 835 of 1997 requires that notice be given to insureds if an insurer intends to require or specify the use of motor vehicle parts not made by the original vehicle manufacturer.

 

This Act becomes effective August 1, 1997, and will be applicable to new and renewal insurance contracts.  Either an attached endorsement, inserted print or a sticker containing the required language may be used to fulfill this notice requirement.

 

The following information must be provided the insured in no smaller than 10 point type.

 

“IN THE REPAIR OF YOUR COVERED MOTOR VEHICLE UNDER THE PHYSICAL DAMAGE COVERAGE PROVISIONS OF THIS POLICY, WE MAY REQUIRE OR SPECIFY THE USE OF MOTOR VEHICLE PARTS NOT MADE BY THE ORIGIANL MANUFACTUER.  THESE PARTS ARE REQUIRED TO BE AT LEAST EQUAL IN TERMS OF FIT, QUALITY, PERFORMANCE, AND WARRANTY TO THE ORIGINAL MANUFACTURER PARTS THEY REPLACE.”

 

Insurers need only file the required language in one form – either the endorsement, sticker or policy language insert and then specify how notice to policyholders will be accomplished.  The single page endorsement filing fee of $25.00 will be applicable; however, the F-1 form will not be required.

 

 

 
 

 

 

 

 

 

Arbitration

23-79-203(a)      WORD  PDF                             Bulletin 19-89  WORD PDF

Trial by jury.(a)  No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. 

(b)  All such provisions, conditions, or agreements shall be void. 

 

 

 

Deductibles

 

 

 

 

 

Defense Costs

23-79-307(5)(A)  WORD  PDF              

(5)(A)  Policies containing provisions which would reduce the limit of liability available for judgments or settlements by the amount of payment made for defense cost or claim expenses shall not be approved by the Insurance Commissioner unless a separate limit for defense costs equal to one hundred percent (100%) of the annual aggregate limit of liability stated in the policy for judgments or settlements is offered for defense costs or claims expenses to the insured.  However, no policy covering automobile liability insurance may contain the defense within the limits concept. 

(B)  This subsection shall not apply to policies or contracts which the commissioner may exempt by order upon a finding that this subsection may not practically be applied or that its application is not necessary or desirable for the protection of the public

 

 

 

Loss Valuation

 

 

 

 

 

 

 

 

 

 

 

Notice Requirements

 

 

 

 

 

Payment of Loss Time Period

23-63-107  WORD  PDF

   23-63-107. Prompt processing of payment by insurer.

 (a)  No insurer shall intentionally or unreasonably delay, for more than three (3) business days after presentment for collection, the processing of any properly executed and endorsed check or draft issued in settlement of an insurance claim. 

(b)  It is the intent of the General Assembly that insureds or claimants shall be paid their settlement proceeds at the earliest possible time. 

(c)  Any insurer violating this section shall pay the insured or claimant a penalty of two hundred dollars ($200) or fifteen percent (15%) of the face amount of the check or draft, whichever is higher. 

 

 

 

 MINIMUM STANDARDS FOR CONTENT (POLICIES AND STANDARD FORMS)

23-79-112(b)(7)  WORD  PDF              

   23-79-112. Contents.

 (a)  The written instrument in which a contract of insurance is set forth is the policy. 

(b)  Every policy shall specify: 

(1)  The names of the parties to the contract; 

(2)  The subject of the insurance; 

(3)  The risks insured against; 

(4)  The time when the insurance thereunder takes effect and the period during which the insurance is to continue; 

(5)  The premium or premium deposit; 

(6)  The policy fee, if any; 

(7)  The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and 

(8)  The conditions pertaining to the insurance.

 

 

 

OTHER INSURANCE

 

 

 

 

 

PARTICIPATING POLICIES

 

 

 

 

 

PERSONAL INJURY PROTECTION

 

 

 

 

 

 PREMIUM AUDIT

 

 

 

 

 

PRIMARY UNDERLYING COVERAGE

 

 

 

 

 

PUNITIVE DAMAGES

23-79-307(8)  WORD  PDF              

(8)  Policies containing an exclusion for punitive damages must include a definition of punitive damages substantially similar to the following: "Punitive damages" are damages that may be imposed to punish a wrongdoer and to deter others from similar conduct.

 

 

 

READABILITY

23-80-306  WORD  PDF

 

 

 

 

 

 

 

 

 

 

 

 

 

23-79-110(a)(4)  WORD  PDF              

(a)  All policies which, under subsection (b) of this section, must comply with this subsection shall be simplified, taking into consideration the following factors: 

(1)  Use of simple sentence structure and short sentences; 

(2)  Use of commonly understood words; 

(3)  Avoidance of technical legal terms wherever possible; 

(4)  Minimal reference to other sections or provisions of the policy; 

(5)  Organization of text; and 

(6)  Legibility. 

 The Insurance Commissioner shall disapprove any form filed under § 23-79-109, or withdraw any previous approval, only if the form: … (4)  Is printed or otherwise reproduced in such manner as to render any provision of the form substantially illegible or not easily legible to persons of normal vision;  

 

 

 

 REBATES

23-66-308 WORD  PDF

a)  No property, casualty, or surety insurer or any employee thereof and no broker, agent, or solicitor shall pay, allow, or give, or offer to pay, allow, or give, directly or ind(irectly, as an inducement to insure or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever not specified in the policy, except to the extent provided for in an applicable filing with the Insurance Commissioner as provided by law. 

(b)  No insured named in a policy, nor any employee of the insured, shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. 

(c)  Nothing in this section shall be construed as prohibiting the payment of commissions or other compensation to licensed agents, brokers, or solicitors, nor shall it be construed as prohibiting any insurer from allowing or returning to its participating policyholders, members, or subscribers any dividends, savings, or unabsorbed premium deposits. 

 

 

 

 REBATES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 SERVICE CONTRACTS¾VEHICLE & OTHER THAN VEHICLE

 

 

 

 

 

 

 

 

 

 

 

SUBROGATION

 

 

 

 

 

 Suit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 TIMELINESS

 

 

 

 

 

 

 

 

 

 

 

VICARIOUS LIABILITY

 

 

 

 

 

 

 

 

 

 

 

VOIDANCE

 

 

 

 

 

 

 

 

 

 

 

WARRANTIES

 

 

 

 

 

 

 

 

 

 

 

 WORKERS’ COMPENSATION EXCESS

See WC checklist

Although Excess WC is considered “other liability” the requirements are contained in the WC checklist.

 

 

 

 

 

 

 

 

 

OTHER

 

 

 

 

 

 

 

 

 

 

 

RATE, RULE, RATING PLAN, CLASSIFICATION, AND TERRITORY FILING REQUIRMENTS

 

 

 

 

 

"A" RATED RISKS

 

 

 

 

 

INDIVIDUAL RISK RATING

23-67-219  WORD PDF

(E)  Upon the written application of the insured, stating his or her reasons therefor, filed with and approved by the commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk

 

 

 

 

 

 

 

 

 

 ACTUARIAL CERTIFICATIONS FOR RATES

Rule & Reg 57  WORD  PDF

Actuarial certification is recommended but not required.  However, Rule & Reg 57 allows the Dept to submit the filing to an independent actuary and charge for Department expense for independent actuarial review of previously disapproved rate/rule filing set for hearing at filer’s request

(excluding Workers’ Compensation which is not subject to

a monetary cap) EXPENSE AS INCURRED BUT NOT TO EXCEED------------------$1500

 

 

 

ADOPTIONS OF RATE SERVICE ORGANIZATIONS (RSO) FILINGS

 

 

 

 

 

 ACTUARIAL CERTIFICATIONS FOR RATES

Rule & Reg 57  WORD  PDF

Actuarial certification is recommended but not required.  However, Rule & Reg 57 allows the Dept to submit the filing to an independent actuary and charge for Department expense for independent actuarial review of previously disapproved rate/rule filing set for hearing at filer’s request

(excluding Workers’ Compensation which is not subject to

a monetary cap) EXPENSE AS INCURRED BUT NOT TO EXCEED------------------$1500

 

 

 

 

 

 

 

 

 

CONSENT-TO-RATE

23-67-213(c) WORD PDF

(c)  Consent to Excessive Rate. Upon written consent of the insured stating his or her reasons therefor, a rate in excess of that provided by an otherwise applicable filing may be used on a specific risk. The "consent-to-rate" shall be on a form signed by the insured that includes a statement that the insured consents to a rate in excess of the filed rate. This form shall remain on file with the producing agent or broker. 

 

 

 

 

 

 

 

 

 

CREDIT SCORING AND REPORTS

 

 

 

 

 

 

 

 

 

 

 

CATASTROPHE HAZARDS

 

 

 

 

 

 

 

 

 

 

 

 DEFENSE COSTS

23-79-307  WORD  PDF              

5)(A)  Policies containing provisions which would reduce the limit of liability available for judgments or settlements by the amount of payment made for defense cost or claim expenses shall not be approved by the Insurance Commissioner unless a separate limit for defense costs equal to one hundred percent (100%) of the annual aggregate limit of liability stated in the policy for judgments or settlements is offered for defense costs or claims expenses to the insured.  However, no policy covering automobile liability insurance may contain the defense within the limits concept. 

(B)  This subsection shall not apply to policies or contracts which the commissioner may exempt by order upon a finding that this subsection may not practically be applied or that its application is not necessary or desirable for the protection of the public.

 

 

 

 

 

 

 

 

 

 

 DISCOUNTS

 

 

 

 

 

 

 

 

 

 

 

 EXPIRATION DATE(S) FOR APPROVED RATES

 

 

 

 

 

 

 

 

 

 

 

 GROUP POLICIES

 

 

 

 

 

 Extra-Territorial Approval Authority

 

 

 

 

 

 

 

 

 

 

 

     REVIEW REQUIREMENTS

 

 

 

 

 

 LOSS RATIO STANDARDS

 

 

 

 

 

 

 

 

 

 

 

 MID TERM CHANGES

23-79-307(3)  WORD  PDF              

(3)  Forms or endorsements issued after the policy inception date not at the request of the named insured which reduce, restrict, or modify the original policy coverage must be accepted and signed by the named insured; 

 

 

 

 

 

 

 

 

 

 LOSS COST MULTIPLIERS

23-67-306  WORD PDF

   23-67-206. Exemptions.

 (a)  In a competitive market, property and casualty insurance for commercial risks, excluding workers' compensation, employers' liability, and professional liability insurance, including, but not limited to, medical malpractice insurance, are exempted from the rate filing and review provisions set forth in this chapter. 

(b)  Risks or portions thereof which are not rated according to manuals, rating plans, or schedules including "a" rates, risks rated under the "referral to company" or "individual risk situations" rules, are exempted from the rate filing and review provisions set forth in this chapter. Insurers must maintain complete files on how they determined the rate for such risks and make these files available to the Insurance Commissioner upon request. 

(c)  The commissioner, upon his or her own initiative or upon request of any person, by order, may exempt any market, segment, or line from any or all of the provisions of this chapter if and to the extent that he or she finds the exemption necessary to achieve the purposes of this chapter. 

 

 

 

 

 

 

 

 

 

 PREMIUM REFUND OR RETENTION

23-79-112(h) WORD  PDF

(h)  On and after January 1, 1990, every property and casualty policy shall contain a provision stating the method to be utilized in computing premium refunds in the event of cancellation of the policy by the insured or the insurer. 

 

 

 

 

 

 

 

 

 

PRICING

 

 

 

 

 

 Charges

23-66-310  WORD  PDF

This section deals with Illegal dealing with premiums and excess charges.  It is too large to include here.  See link to left.

 

 

 

 

 

 

 

 

 

Minimum Premium Rules

23-67-202(11)  WORD PDF

(11)  "Rates" or "supplementary rate information" includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, and any other similar information needed to determine the applicable rate in effect or to be in effect

 

 

 

Multi-tier

 

Nothing specific in the code.  AR allows multi-tier rating with sufficient justification.

 

 

 

Payment Plans

23-79-101(2)  WORD  PDF              

(2)  "Premium" is the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium. 

 

 

 

 Premiums

23-79-101(2)  WORD  PDF              

(2)  "Premium" is the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium. 

 

 

 

Service Charges

23-79-101(2)  WORD  PDF              

(2)  "Premium" is the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium. 

 

 

 

Surcharges

23-79-101(2)  WORD  PDF              

(2)  "Premium" is the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium. 

 

 

 

 Other Fees

23-79-101(2)  WORD  PDF              

(2)  "Premium" is the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium. 

 

 

 

 

 

 

 

 

 

 RATE RANGES

23-67-210  WORD PDF

Rate ranges are only allowed when they are filed in compliance with 23-67-201(a) “ Rates may be modified to produce premiums for individual risks in accordance with filed rating plans which establish standards for measuring variations in hazards or expense provisions. Those standards may measure differences among risks that can be demonstrated to have a probable effect upon losses or expenses. The modification shall apply to all risks under the same or substantially the same circumstances or conditions. 

(b)  This provision does not apply to filed modification plans which may be offered to an insured including, but not limited to, retrospective rating plans and composite rating plans.”

 

 

 

 

 

 

 

 

 

RATING PLAN REQUIREMENTS

23-67-206  WORD PDF

23-67-206. Exemptions.

 (a)  In a competitive market, property and casualty insurance for commercial risks, excluding workers' compensation, employers' liability, and professional liability insurance, including, but not limited to, medical malpractice insurance, are exempted from the rate filing and review provisions set forth in this chapter. 

(b)  Risks or portions thereof which are not rated according to manuals, rating plans, or schedules including "a" rates, risks rated under the "referral to company" or "individual risk situations" rules, are exempted from the rate filing and review provisions set forth in this chapter. Insurers must maintain complete files on how they determined the rate for such risks and make these files available to the Insurance Commissioner upon request. 

(c)  The commissioner, upon his or her own initiative or upon request of any person, by order, may exempt any market, segment, or line from any or all of the provisions of this chapter if and to the extent that he or she finds the exemption necessary to achieve the purposes of this chapter. 

 

 

 

 Expense Modification Plan

23-67-206  WORD PDF

 

 

 

 

Experience Rating

23-67-206  WORD PDF

 

 

 

 

IRPM

23-67-206  WORD PDF

 

 

 

 

Large Deductible

23-67-206  WORD PDF

 

 

 

 

Retrospective Rating

23-67-206  WORD PDF

 

 

 

 

Schedule Rating

23-67-206  WORD PDF

 

 

 

 

Small Deductible

23-67-206  WORD PDF

 

 

 

 

Wrap-up Rating

 

 

 

 

 

 

 

 

 

 

 

RATE/LOSS COST SUPPORTING INFORMATION

 

 

 

 

 

Competition

23-67-206  WORD PDF

 

 

 

 

Expenses

23-67-206  WORD PDF

 

 

 

 

Experience

23-67-206  WORD PDF

 

 

 

 

Judgment

23-67-206  WORD PDF

 

 

 

 

 Credibility and Other Factors 

23-67-206  WORD PDF

 

 

 

 

 Profit Loading

23-67-206  WORD PDF

 

 

 

 

 

 

 

 

 

 

RETURN ON EQUITY/ INVESTMENT INCOME

23-67-206  WORD PDF

 

 

 

 

 

23-67-206  WORD PDF

 

 

 

 

 RISK CLASSIFICATION

23-67-206  WORD PDF

 

 

 

 

 

23-67-206  WORD PDF

 

 

 

 

 SUPPORTING DATA

23-67-206  WORD PDF

 

 

 

 

 TRENDING

23-67-206  WORD PDF

 

 

 

 

 

 

 

 

 

 

OTHER

 

 

 

 

 

Experience

 

 

 

 

 

Judgment

 

 

 

 

 

 Credibility and factors trending

 

 

 

 

 

 Profit Loading

 

 

 

 

 

 

 

 

 

 

 

 RISK CLASSIFICATION

 

 

 

 

 

 TERRITORIES

 

 

 

 

 

 

 

 

 

 

 

OTHER