P&C Homeowners

Filing Review Requirements

Regulatory Reference
or Source

Comments

FORMS

Applications

No filing requirement for applications (unless made part of the policy)

Title 8, §3541 and §4205

Incorrect statements on the application shall not bar the right to recovery unless it was meant to deceive or unless it materially affected either the acceptance of the risk or the hazard assumed by the insurer.

Abuse

Sexual abuse exclusion permitted

Department requirement

With regard to Personal Lines, we allow the absolute exclusion of sexual abuse.  Corporal punishment or physical or mental abuse must be limited to that "inflicted upon an 'insured' by an 'insured'."

Alcohol

Exclusion not permitted

Department requirement

Acts committed under the influence may not be excluded.

Social Host Liability

Bulletin 135

See Bulletin 

Appeals

Limit of liability may be waived

Title 8, §4203

The Company has unlimited liability should they appeal a case without the insured's consent.

Arbitration

Cannot be both binding and mandatory

Department requirement

Binding arbitration is not permitted if the process can be demanded unilaterally, since it may deprive the insured of access to the court system. 

Asbestos

May not be excluded

Department requirement

May be approved by submitting an Individual Risk "Consent to Rate Application" where a known hazard exists.  See Bulletin 111.

Bankruptcy Provision

Bankruptcy of the Insured cannot relieve the company of their liability

Title 8, §4203

 

Cancellation & Non-renewal

Days' Notice and Cancellation/Nonrenewal Reasons

Title 8, §3879-3883

15 days' notice for cancellation for non-pay. 
Policy can be cancelled for any reason within first 59 days - specific reasons required if in force 60 days or more. 
45 days' notice of non-renewal required.

Disclosure

Notice Requirements

Regulation 78-1 (1)

Insured must be given written notice when coverage has been modified or eliminated.

Electromagnetic Radiation

May not be excluded

Department requirement

No exceptions.

Filing Standards

Prior Approval

Regulation I-2010-03

Forms must be submitted at least 30 calendar days prior to their proposed effective date.

Fraud

Guidelines

Title 8, §3879 and §4205

If a policy is obtained through fraud or material misrepresentation, that policy may be voided. If this occurs after the effective date, the company may only deny the claim on that basis, however, has grounds for cancellation.

Indemnity

Indemnity not generally permitted

Title 8, §4203

Must be "Pay on Behalf of" in Coverage Grant (Indemnity may be permitted on certain specialized coverages.)

Intentional Loss Exclusion

Guidelines

Department requirement

We require that the interest of any uninvolved insured be protected.  We recommend the following language:
"We do not provide coverage for an Insured who commits or directs an act with the intent to cause a loss."

Intra-Family

May not be excluded

Department requirement

We do not allow any broad intra-insured exclusion in any personal lines policy. We will consider an exclusion limited to" bodily injury to an Insured, caused by the spouse of that  Insured." 

Lead/Lead Paint

May not be excluded

Department requirement

May be approved by submitting an Individual Risk "Consent to Rate Application" if a known hazard exists.  See Bulletin 111. 

Liberalization Clause

Not required

 

 

Loss Settlement

Loss Settlement and Payment Conditions

Regulation 79-2; S6

The Insurer has 15 days to respond to a properly executed Proof of Loss.  After Settlement has been agreed upon, Insurer shall mail in the agreed amount to the claimant and/or loss payee within 10 working days. 

Pollution Liability

May not be excluded.

Regulation I-2010-03

Pollution Liability may not be excluded in any personal lines policies. 

Punitive Damages

May be excluded

Bulletin 139

 

Racing Exclusions

Limitations

Department requirement

Exclusions for "racing" or "contests" can apply only to "organized" events of this type.

Readability

Guidelines

Regulation I-2010-03

Flesh score minimum is 40, not less than 10 point type, one point leaded. 

RATING

Open Competition, Use and File

Title 8, §4688

Loss Costs -
Bulletin 99

Filing must be received within 15 days of effective date.  Rate filing must include verifying material and actuarial backup.  

Rating Plan Requirements

None specified