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Boiler and Machinery

LINE OF BUSINESS: Boiler & Machinery LINE(S) OF INSURANCE CODES
    Boiler and Machinery 27.0000
       
Code: 27.0000    
       
       
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
     
ELECTRONIC FILINGS

Insurance Bulletin 360

Title 24-A §2304-A. Rate filings

Title 24-A §2412. Filings, approval of forms

360 Electronic Submission of Rate and Form Filing

 
COVER LETTER  

Cover letters may be attached to the Supporting Documentation Tab or the text entered under the Filing Description located under the General Information tab in SERFF

 
EFFECTIVE DATE WORDING  

Include proposed effective date.

 
HIGHLY PROTECTED RISKS  

Not exempt from filing requirements

 
LIMITATIONS / RESTRICTIONS ON TRANSACTING BUSINESS

Title 24-A - §404. Certificate of authority required; enforcement; penalty

Must have certificate of authority to transact business

 
LINE OF AUTHORITY

Boiler Machinery

Must have requisite certificate of authority to transact business before submitting rate/rule/form filings

 
NO FILE OR FILING EXEMPTIONS

Title 24-A §2412. Filings, approval of forms

Title 24-A §2304-A. Rate filings

Title 24-A §2412-A. Large commercial contracts

Large commercial risks exempt from filing — refer to statute for criteria and definition of large commercial risk

 
THIRD PARTY FILERS AUTHORITY

Title 24-A - §2412. Filing, approval of forms

Title 24-A - §2304-A. Rate filings

Must include authorization to communicate directly with third party filers

Rate Filing Requirements

 
FORMS--POLICY
PROVISIONS
     
ACCESS TO COURTS

Title 24-A - §2433. Jurisdiction of courts, limitation of actions

Maine Courts have jurisdiction

 
ACTION AGAINST COMPANY

Title 24-A - §2433. Jurisdiction of courts, limitation of actions

Maine Courts have jurisdiction

 
AMBIGUOUS & MISLEADING

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

 
APPLICATIONS

Title 24-A - §2411. Representations in applications

Title 24-A - §2412. Filing, approval of forms

Title 24-A - § 2186 Insurance Fraud Prevention

All statements are considered representations not warranties.

Must file applications only if to be made part of the policy.

The Maine Fraud Warning must appear permanently affixed on all applications (i.e. new business, renewal, supplemental, etc...)

 
ARBITRATION

Title 24-A § 2433.
Jurisdiction of courts, Limitation of actions.

Binding arbitration is not permitted.

 
BLANK ENDORSEMENTS  

Blank endorsements are considered manuscript forms and generally not acceptable. Each manuscripted change is subject to review and can be filed as a consent to form filing pursuant to 24-A § 2308(2).

 
CANCELLATION & NON-RENEWAL

Title 24-A - §2908. Cancellation and nonrenewal

Statutory grounds required to cancel mid-term and must be included in Maine amendatory endorsement; statutory notice required for both cancellation & non renewal; Maine amendatory endorsement must include mailing time language

 
CONTENT OF POLICIES

Title 24-A - §2901. Contracts subject to general provisions

Title 24-A - Chapter 39, CASUALTY INSURANCE CONTRACTS

Title 24-A - Chapter 27, THE INSURANCE CONTRACT

Contracts subject to general provisions of casualty chapter 39 and general provisions of chapter 27

Maine amendatory endorsement must contain cancellation / nonrenewal wording consistent with statute.

 
CREDIT SCORING

Title 24-A - §2169-B. Use of consumer reports in insurance underwriting

Insurance - Bulletin 329

Insurance Bulletin 329 and statute contain provisions relating to the use of credit information and credit insurance scores.

 
DISCRIMINATION

Title 24-A - §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

 
FICTITIOUS GROUPS

Title 24-A - §2172. Fictitious groups prohibited

Prohibited

 
FRAUD WARNING

Title 24-A - §2186. Insurance fraud prevention

Statutory (or substantially similar) wording must be included on all applications (i.e. new business, renewal, supplemental, etc…) and claim forms

 
GROUP POLICIES

Title 24-A - §2951. Group property and casualty insurance

Group policies for Commercial Boiler & Machinery NOT among the products permitted

 
NOTICE OF NON-RENEWAL

Title 24-A - §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

 
NOTICE OF CANCELLATION

Title 24-A - §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

 
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

 
PERMISSIBLE REASONS FOR CANCELLATION

Title 24-A - §2908. Cancellation and nonrenewal

See statute for permissible grounds

 
PRIVACY NOTICE

Title 24-A - §2206. Notice of insurance information practices

See Title 24-A, Ch.24 generally for insurance information and privacy protection.

 
REBATES

Title 24-A - §2162. Unfair discrimination, rebates prohibited -- property, casualty, surety insurance

Title 24-A §2163. Receipt of rebate, illegal inducement prohibited

Insurance Bulletin 233

Sales inducements rebates prohibited unless contained in policy

 
SUIT

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

 
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 on applications are deemed to be representations, not warranties

 
RATE, RULE, RATING PLAN, CLASSIFICATION, AND TERRITORY FILING REQUIREMENTS      
ADOPTIONS OF RATE SERVICE ORGANIZATIONS (RSO) FILINGS

Title 24-A 2303 Making of rates

Title 24-A 2304-A Rate filings

Title 24-A §2321-D. Advisory organizations; permitted activity

Title 24-A §2321-E. Filing of prospective loss costs and supplemental information

Insurance - Bulletin 176

Insurer may satisfy rate filing requirements by adopting advisory organization filings and filing loss costs multiplier.

 
BILLING FEES (INSTALLMENTS, LATE, NSF & REINSTATEMENT)

Title 24-A - §2304-A. Rate

Considered part of rating plan.

 
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

 
CHARGES  

Considered part of rating plan

 
COMPETITION

Title 24-A - §2306. Disapproval of filing

May support filing by citing specific competitors filing

 
CONSENT-TO-RATE

Title 24-A - §2308. Excess rates

Permitted if rating manual filing previously filed does not contemplate the specific risk being assumed

 
CREDIBILITY

Title 24-A - §2303. Making of rates

Rate and loss costs multiplier calculation should reflect credibility

 
CREDIBILITY AND OTHER FACTORS

Title 24-A - §2303. Making of rates

Title 24-A - §2304-A. Rate filings

Credibility standards must be supported

 
CREDIT SCORING AND REPORTS

Title 24-A - §2169-B. Use of consumer reports in insurance underwriting

Insurance - Bulletin 329

Insurance Bulletin 329 and statute contain provisions relating to the use of credit information and credit insurance scores.

 
DISCOUNTS

Title 24-A - §2303. Making of rates

Title 24-A - §2304-A. Rate filings

Credits must be supported

 
EXPENSE MODIFICATION PLAN  

Considered part of rating plan

 
EXPENSES

Title 24-A - §2303. Making of rates

Rate and loss costs multiplier calculation should reflect expenses of insurer

 
EXPERIENCE

Title 24-A - §2303. Making of rates

Rate and loss costs multiplier calculation should reflect experience of insurer

 
EXPERIENCE RATING  

Considered part of rating plan

 
GROUP POLICIES

Title 24-A - §2951. Group property and casualty insurance

Group policies for Commercial Boiler & Machinery NOT among the products permitted

 
INDIVIDUAL RISK RATING

Title 24-A - §2303. Making of rates

Title 24-A - §2304-A. Rate filings

Title 24-A §2412-A. Large commercial contracts

An account must meet specified criteria to be permitted to set their own rates.

 
IRPM  

Considered part of rating plan

 
JUDGMENT

Title 24-A - §2303. Making of rates

Rate and loss costs multiplier calculation may reflect judgment

 
LARGE DEDUCTIBLE  

Considered part of rating plan

 
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 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.

 
MINIMUM PREMIUM RULES  

Considered part of rating plan

 
MULTI-TIER  

Considered part of rating plan

 
OTHER FEES  

Considered part of rating plan

 
PAYMENT PLANS  

Considered part of rating plan

 
PREMIUMS  

Considered part of rating plan

 
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 filings and filing loss costs multiplier.

 
PROFIT LOADING

Title 24-A - §2303. Making of rates

Rate and loss costs multiplier calculation may reflect profit loading and must include consideration for investment income

 
RATE RANGES  

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 filings and file loss costs multiplier

 
RATING PLAN REQUIREMENTS

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 filings and file loss costs multiplier.

 
RETROSPECTIVE RATING  

Considered part of rating plan.

 
RETURN ON EQUITY/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 premiums, class rates, rating schedules or rating plans, every other rating rule, and every modification to the foregoing should be filed and supported

 
SCHEDULE RATING  

Considered part of rating plan.

 
SERVICE CHARGES  

Considered part of rating plan.

 
SMALL DEDUCITBLE  

Considered part of rating plan.

 
SUPPORTING DATA

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 filings and file loss costs multiplier.

 
SURCHARGES  

Considered part of rating plan.

 
TRENDING

Title 24-A - §2303. Making of rates

Title 24-A - §2304-A. Rate filings

Insurance - Bulletin 176

All aspects of pricing must be filed and supported by experience and/or may adopt advisory organization reference filing and file loss costs multiplier

 

Last Updated: February 10, 2012