| REVIEW REQUIREMENTS |
REFERENCE |
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS |
LOCATION OF
STANDARD IN FILING |
GENERAL REQUIREMENTS
FOR ALL FILINGS |
|
|
|
| COPIES, RETURN ENVELOPES, ETC. |
Insurance - Bulletin 238 |
Bureau of Insurance Bulletin 238 Rate/Rule/Form Filing
Procedures |
|
| COVER LETTER AND EXPLANATORY MEMORANDUM |
Transmittal
Documents |
Information normally included in a cover letter
must be incorporated into the NAIC Uniform Filing Transmittal Form
included with the filing |
|
| FILING SUBMISSION |
Title
24-A §2412. Filing, approval of forms §2304-A.
Rate filings |
Form filing requirements
Rate filing requirements
|
|
| EFFECTIVE DATE WORDING |
Transmittal
Documents |
Include proposed effective date on NAIC Uniform
Filing Transmittal Form included with the filing |
|
| FREE CONTRACT PROHIBITED |
N/A |
N/A |
|
| LIMITATIONS/RESTRICTIONS ON TRANSACTING
BUSINESS |
Title
24-A - §404. Certificate of authority required; enforcement;
penalty |
Must have certificate of authority to transact business
|
|
| NAIC # |
Transmittal
Documents |
Include on NAIC Uniform Transmittal Form and include
with filing |
|
| LINE OF AUTHORITY |
§707.
"Casualty insurance" defined |
Must have certificate of authority to transact business
before submitting
rate/rule/form filings |
|
| NO FILE OR FILING EXEMPTIONS |
Title
24-A - §2412-A. Large commercial contracts |
Policy forms and rates/rules pertaining to large commercial
risks exempt from filing — see statute for criteria and definition
of large commercial risk |
|
| SIDE BY SIDE COMPARISON |
N/A |
Helpful for review of rate, rule and form filings
but not required |
|
| THIRD PARTY FILERS AUTHORITY |
§2412.
Filing, approval of forms
§2304-A.
Rate filings
Insurance - Bulletin 238 |
Must include authorization to communicate directly
with third party filers |
|
| TRANSACTING OTHER BUSINESS |
N/A |
N/A |
|
FORMS--POLICY
PROVISIONS |
|
|
|
| ACCESS TO COURTS |
§2433.
Jurisdiction of courts, limitation of actions |
Maine Courts have jurisdiction |
|
| AGGREGATE LIMITS |
N/A |
N/A |
|
| AMBIGUOUS & MISLEADING |
§2413.
Grounds for disapproval |
Forms shall be disapproved by the superintendent if
they contain or incorporate by reference any inconsistent, ambiguous
or misleading clauses |
|
| APPLICATIONS |
Title
24-A §2411
Representations in applications
Title
24-A §2412. Filing, approval of forms |
All statements are considered representations not warranties..
Must file applications only if to be made part of the filing. |
|
| APPRAISALS |
N/A |
N/A |
|
| ARBITRATION |
N/A |
N/A |
|
| ASSESSIBLE POLICIES |
N/A |
N/A |
|
| BANKRUPTCY PROVISIONS |
N/A |
N/A |
|
| BLANK ENDORSEMENTS |
N/A |
N/A |
|
| CANCELLATION & NON-RENEWAL |
Title
24-A - §2908. Cancellation and nonrenewal |
Maine amendatory endorsement must include statutory
grounds for mid-term cancellation — refer to subsection 2 of
statute; a post-office certificate of mailing to the named insured
at his last known address is conclusive proof of receipt of notice
on the 3rd calendar day after mailing |
|
| Calculation of Unearned/Return Premium |
N/A |
N/A |
|
| Conditional Renewal |
Title
24-A - §2908. Cancellation and nonrenewal |
Refer to subsection 4 of statute |
|
| Minimum Retained Premium |
N/A |
N/A |
|
| Notice of Cancellation |
§2908.
Cancellation and nonrenewal
Insurance - Bulletin 201 |
Minimum 10 days advance notice required for cancellation
& must allow for 3 days mail time, i.e., proof of mailing is not
proof of receipt until the third calendar day after mailing. Also,
notice must inform insured of right to request a hearing within 45
days of receipt of notice |
|
| Notice of Non-renewal |
§2908.
Cancellation and nonrenewal |
Minimum 30 days advance notice required for nonrenewal
& must allow for 3 days mail time, i.e., proof of mailing is not
proof of receipt until the third calendar day after mailing |
|
| Permissible Reasons for Cancellation |
§2908.
Cancellation and nonrenewal |
See statute for permissible grounds |
|
| Permissible Reasons for Non-renewal |
N/A |
N/A |
|
| Required Policy Period |
N/A |
N/A |
|
| CERTIFICATIONS |
N/A |
N/A |
|
| CLAIMS MADE |
N/A |
N/A |
|
| CLEAR & UNAMBIGUOUS LANGUAGE |
Title
24-A - §2413. Grounds for disapproval |
Forms shall be disapproved by the Superintendent if
they contain or incorporate by reference any inconsistent, ambiguous
or misleading clauses |
|
| CONSUMER INFORMATION |
N/A |
N/A |
|
| Privacy notice |
Title
24-A - §2206. Notice of insurance information practices |
See Title 24-A, Ch. 24 generally for insurance information
and privacy protection. |
|
| VSI Warning |
N/A |
N/A |
|
| Notification Form |
N/A |
N/A |
|
| CREDIT SCORING NOTICE |
N/A |
N/A |
|
| CONTENT OF POLICIES |
Title
24-A - §2901. Contracts subject to general provisions
Title
24-A - Chapter 27, THE INSURANCE CONTRACT
Title
24-A - MAINE INSURANCE CODE |
Casualty contracts are subject to provisions of
Chapter 39 as well as Chapter 27 & other applicable provisions
of Title 24-A (The Maine Insurance Code) |
|
| COUNTERSIGNATURES |
N/A |
N/A |
|
| DECLARATIONS PAGE |
N/A |
N/A |
|
| DEFENSE WITHIN LIMITS |
N/A |
N/A |
|
| DISCLOSURES |
N/A |
N/A |
|
| DEFINITIONS |
N/A |
N/A |
|
| DISCRIMINATION |
§2162.
Unfair discrimination, rebates prohibited -- property, casualty, surety
insurance |
Restrictions on policy provisions relating to benefits
not associated with loss and reductions in premium association with
savings and expenses |
|
| Domestic Abuse |
N/A |
N/A |
|
| DUTY TO DEFEND |
N/A |
N/A |
|
| EMPLOYERS LIABILITY |
N/A |
N/A |
|
| EXCESS COVERAGE |
N/A |
N/A |
|
| EXCLUSIONS & LIMITATIONS |
N/A |
N/A |
|
| Asbestos |
N/A |
N/A |
|
| FICTITIOUS GROUPS |
§2172.
Fictitious groups prohibited |
Prohibited |
|
| FORMS MISCELLANEOUS |
N/A |
N/A |
|
| FRAUD WARNING |
Title
24-A - §2186. Insurance fraud prevention |
Statutory (or substantially similar) wording must be
included on all applications and claim forms. |
|
| GROUP POLICIES |
§2951.
Group property and casualty insurance |
Permitted for risk retention and risk purchasing groups |
|
| LIMITS |
N/A |
N/A |
|
| LOSS PAYEE |
N/A |
N/A |
|
| LOSS SETTLEMENTS |
N/A |
N/A |
|
| Appraisal |
N/A |
N/A |
|
| Action Against Company |
Title
24-A §2433
Jurisdiction of courts, limitation of actions |
Insured must be given 2 years from date of loss
to bring suit against the insurer |
|
| After Market Parts |
N/A |
N/A |
|
| Arbitration |
N/A |
N/A |
|
| Deductibles |
N/A |
N/A |
|
| Defense Costs |
N/A |
N/A |
|
| Loss Valuation |
N/A |
N/A |
|
| Notice Requirements |
N/A |
N/A |
|
| Payment of Loss Time Period |
Title
24-A §2436. Interest on overdue payments |
Payment within thirty days and interest on overdue
payments of 1.5% per month. |
|
| MEDICAL PAYMENTS |
N/A |
N/A |
|
| OTHER INSURANCE |
N/A |
N/A |
|
| PARTICIPATING POLICIES |
N/A |
N/A |
|
| PERSONAL INJURY PROTECTION |
N/A |
N/A |
|
| PREMIUM AUDIT |
N/A |
N/A |
|
| PRIMARY/UNDERLYING COVERAGE |
N/A |
N/A |
|
| PUNITIVE DAMAGES |
N/A |
N/A |
|
| READABILITY |
N/A |
N/A |
|
| REBATES |
§2162.
Unfair discrimination, rebates prohibited -- property, casualty,
surety insurance
Insurance - Bulletin 233 |
Sales inducements rebates prohibited unless contained
in policy |
|
| SERVICE CONTRACTS--VEHICLE & OTHER
THAN VEHICLE |
N/A |
N/A |
|
| SUBROGATION |
§2910-A.
Subrogation; medical payments coverage |
Policy may not provide for subrogation or priority
over an insured for medical payments |
|
| Suit |
Title
24-A §2433. Jurisdiction of courts, limitation of actions |
Maine courts have jurisdiction Insured must be
given two years to bring suit against insurer |
|
| TIMELINESS |
N/A |
N/A |
|
| VICARIOUS LIABILITY |
Title
14 - §304. Liability of parents or legal guardians for damage
by children |
Parent or legal guardian liable for action of minor
children up to $800 |
|
| VOIDANCE |
Title
24-A §2411 Representations in applications |
Do not allow insurers to void coverage for concealment,
misrepresentation or fraud except in compliance with Maine case law.
See American Home Assurance Co. v. Ingeneri, 479 A.2d 897
(Me. 1984). |
|
| WARRANTIES |
Title
24-A §2411 Representations in applications |
Statements in applications must be considered representations
not warranties |
|
| WORKERS’ COMPENSATION--EXCESS |
N/A |
N/A |
|
| OTHER |
N/A |
N/A |
|
| RATE, RULE, RATING PLAN, CLASSIFICATION,
AND TERRITORY FILING REQUIREMENTS |
|
|
|
| "A" RATED RISKS |
N/A |
N/A |
|
| Individual Risk Rating |
N/A |
N/A |
|
| ACTUARIAL CERTIFICATIONS FOR RATES |
N/A |
N/A |
|
| ADOPTIONS OF RATE SERVICE ORGANIZATIONS
(RSO) FILINGS |
Title
24-A §2304-B. Reference filings Insurance
- Bulletin 176 |
Insurer may satisfy rate filing requirements by adopting
advisory organization filings and filing loss costs multiplier |
|
| Loss Costs |
Title
24-A §2304-B Reference filings Insurance
- Bulletin 176 |
Insurer may satisfy rate filing requirements by adopting
advisory organization filings and filing loss costs multiplier |
|
| CONSENT-TO-RATE |
Title
24-A §2308. Excess rates |
Permitted if rating manual filing previously filed
does not contemplate the specific risk being assumed |
|
| CREDIT SCORING AND REPORTS |
N/A |
N/A |
|
| CATASTROPHE HAZARDS |
Title
24-A §2303. Making of rates Title
24-A - §2304-A. Rate filings |
Rate provisions must be supported by experience or
relevant catastrophe models. |
|
| DEFENSE COSTS |
N/A |
N/A |
|
| DISCOUNTS |
Title
24-A §2303. Making of rates
Title
24-A §2304-A. Rate filings |
Surcharges and credits must be filed and supported |
|
| EXPIRATION DATE(S) FOR APPROVED RATES |
N/A |
N/A |
|
| GROUP POLICIES |
Title
24-A - §2951. Group property and casualty insurance |
Permitted for risk purchasing and risk retention groups |
|
| Extra-Territorial Approval Authority |
N/A |
N/A |
|
| LOSS RATIO STANDARDS |
N/A |
N/A |
|
| MID TERM CHANGES |
N/A |
N/A |
|
| LOSS COST MULTIPLIERS |
Title
24-A - §2304-B. Reference filings Insurance
- Bulletin 176 |
Insurer may satisfy rate filing requirements by adopting
advisory organization filings and filing loss cost multiplier. |
|
| PREMIUM REFUND OR RETENTION |
N/A |
N/A |
|
| PRICING |
Title
24-A - §2302-A. Definitions
Title
24-A §2303. Making of rates
Title
24-A §2304-A. Rate filings
Title
24-A §2304-B. Reference filings
Insurance - Bulletin 176 |
All aspects of pricing must be filed and supported
and/or may adopt advisory organization reference filing and file loss
costs multiplier. |
|
| Minimum Premium Rules |
|
Considered part of rating plan |
|
| Multi-tier |
|
Considered part of rating plan |
|
| Payment Plans |
|
Considered part of rating plan |
|
| Premiums |
|
Considered part of rating plan |
|
| Service Charges |
|
Considered part of rating plan |
|
| Surcharges |
|
Considered part of rating plan |
|
| Other Fees |
|
Considered part of rating plan. |
|
| RATE RANGES |
N/A |
N/A |
|
| RATING PLAN REQUIREMENTS |
Title
24-A §2304-A. Rate filings |
All aspects of pricing must be filed and supported
and/or may adopt advisory organization reference filing and file loss
costs multiplier. |
|
| Expense Modification Plan |
|
Considered part of rating plan |
|
| Experience Rating |
|
Considered part of rating plan |
|
| Large Deductible |
|
Considered part of rating plan |
|
| Retrospective Rating |
|
Considered part of rating plan |
|
| Schedule Rating |
|
Considered part of rating plan |
|
| Small Deductible |
|
Considered part of rating plan |
|
| Wrap-up Rating |
|
Considered part of rating plan |
|
| RATE/LOSS COST SUPPORTING INFORMATION |
Title
24-A §2302-A. Definitions
Title
24-A §2303. Making of rates
Title
24-A §2304-A. Rate filings
Title
24-A §2304-B. Reference filings
Insurance - Bulletin 176 |
All aspects of pricing must be filed and supported
and/or may adopt advisory organization reference filing and file loss
costs multiplier. |
|
| Competition |
Title
24-A § 2306 Disapproval of filing |
May support filing by citing specific competitors
filing. |
|
| Expenses |
Title
24-A §2303. Making of rates |
Rate or loss cost multiplier calculation should reflect
expenses of insurer |
|
| Experience |
Title
24-A §2303. Making of rates |
Rate or loss cost multiplier calculation should reflect
experience of insurer |
|
| Judgment |
Title
24-A §2303. Making of rates |
Rate or loss cost multiplier calculation should reflect
judgment of insurer |
|
| Credibility and factors trending |
Title
24-A §2303. Making of rates |
Rate or loss cost multiplier calculation should reflect
credibility and trend factors of insurer |
|
| Profit Loading |
Title
24-A §2303. Making of rates |
Rate or loss cost multiplier calculation may reflect
profit loading and must include consideration for investment income |
|
| RETURN ON EQUITY DOCUMENT-- INVESTMENT
INCOME |
Title
24-A §2303. Making of rates
Title
24-A §2304-A Rate filings |
Profit must give consideration to investment income.
Manual rates, minimum premium, class rate, rating schedule or rating
plan, every other rating rule, and every modification to the foregoing
should be filed and supported. |
|
| RISK CLASSIFICATION |
§2303.
Making of rates |
Risks may be grouped by classifications for the establishment
of rates and minimum premiums |
|
| TERRITORIES |
N/A |
N/A |
|
| OTHER |
N/A |
N/A |
|