P&C Personal Auto

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.

After Market Parts

Permitted

Department requirement

Must meet standards of original parts

Alcohol

Exclusion not permitted

Department requirement

Acts committed under the influence may not be excluded.

Social Host Liability

Bulletin 136

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. 

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, §4223-5

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.

Exclusion of Named Driver

Not permitted

Title 23, §800

Named Driver may be limited to statutory limits

Filing Standards

Prior Approval

Regulation I-2010-03

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

Financial Responsibility

Prior Approval

Department requirement

When a policy is certified as proof of insurance we do not allow a requirement for reimbursing by the Insured for any payment made by the company. 

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.

Intra-family

May not be excluded

Department requirement

We do not allow any intra-insured or intra-family exclusions regarding motor vehicle liability.

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

May not be excluded except as noted.

Department requirement

Pollution may not be excluded in any personal lines policies.

Punitive or Exemplary Damages

May be excluded

Bulletin 139

 

Racing Exclusions

Limitations

Department requirement

Exclusions for "racing" or "contests" can only apply 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. 

Uninsured/underinsured Motorists

UM/UIM is mandatory on all policies providing automobile coverage.

Title 23, §800 and §941
 

Minimum limits for UM/UIM are $50,000 per person, $100,000 per accident, $10,000 per claim property damage.  

Auto Minimum Coverage Limits

Statutory: $25,000 per person,
$50,000 per accident

Title 23, §800
 

 

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.  

Discounts

Insured must be advised of all available discounts

Regulaiton 78-1

Notice must read: "NOTICE OF AVAILABILITY OF DISCOUNTS." Discounts for Automatic Braking System, Multi Car, etc. 

Rating Plan Requirements

Open Rating applies.

Title 8 VSA:
§4203(5)(6)

§4671- 4675

§4724(7) 

Bulletin 55

Bulletin 126

 

 

Requirements of various premium tiers must be revealed, and must be mutually exclusive.

Territory Definitions

Must be defined in filing, with actuarial backup for each.