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Other Liability

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
    All other sublines please type codes  
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. 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  

Last Updated: October 28, 2008