| REVIEW REQUIREMENTS |
REFERENCE |
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS |
LOCATION OF
STANDARD IN FILING |
GENERAL REQUIREMENTS
FOR ALL FILINGS |
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| ELECTRONIC FILINGS |
Insurance - Bulletin 360
Title
24-A §2304-A. Rate filings
Title
24-A §2412. Filing, approval of forms |
Bureau of Insurance Bulletin 360 Electronic Submission of Rate and Form Filings |
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| COVER LETTER |
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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 |
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| EFFECTIVE DATE WORDING |
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Include proposed effective date on SERFF General Information |
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| LIMITATIONS/RESTRICTIONS ON TRANSACTING BUSINESS |
Title
24-A - §404. Certificate of authority required; enforcement; penalty |
Must have certificate of authority to transact business |
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| FILING EXEMPTIONS |
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 |
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| LINE OF AUTHORITY |
Burglary and Theft |
Must have requisite certificate of authority to transact
business before submitting rate/rule/form filings |
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| THIRD PARTY FILERS AUTHORITY |
Title
24-A - §2304-A. Rate filings
Title
24-A - §2412. Filing, approval of forms |
Must include authorization to communicate directly with third party filers
Rate Filing Requirements
Rate/Rule/Form Filing Procedures |
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FORMS--POLICY
PROVISIONS |
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| ACCESS TO COURTS |
Title
24-A - §2433. Jurisdiction of courts, limitation of actions |
Maine Courts have jurisdiction |
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| 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 insurer |
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| 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 |
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| APPLICATIONS |
Title
24-A - §2411. Representations in applications
Title
24-A - §2412. Filing, approval of forms
Title
24-A - §2186. Insurance fraud prevention |
Must file applications only if to be made part of the policy
All statements are considered representations not warranties.
The Maine Fraud Warning must appear permanently affixed on all application (i.e. new business, renewal, supplemental, etc…). |
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| ARBITRATION |
Title
24-A - §2433. Jurisdiction of courts, limitation of actions |
Binding arbitration is not permitted. |
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| BLANK ENDORSEMENTS |
Title 24-A - §2412. Filing, approval of forms |
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). |
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| CANCELLATION & NON-RENEWAL |
Title 24-A § 2908 Cancellation and Nonrenewal |
The insurance contract must contain statutory grounds for cancellation and nonrenewal, the number of days notice and the number of days mail time required to deem conclusive proof of receipt. |
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| CONTENT OF POLICIES |
Title
24-A - §2901. Contracts subject to general provisions
Title
24-A - MAINE INSURANCE CODE
Title
24-A - Chapter 27, THE INSURANCE CONTRACT
Title
24-A - Chapter 39, CASUALTY INSURANCE CONTRACTS |
Contracts subject to provisions of Casualty Chapter 39 and general provisions of Chapter 27 |
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| Credit Scoring Notice |
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 |
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| 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 |
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| FICTITIOUS GROUPS |
Title
24-A - §2172. Fictitious groups |
Prohibited |
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| 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 |
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| GROUP POLICIES |
Title 24-A - §2951. Group property and casualty insurance |
Burglary and Theft NOT among permitted products. |
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| Notice of Cancellation |
Title 24-A § 2908 Cancellation and Nonrenewal |
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| Notice of Non-renewal |
Title 24-A § 2908 Cancellation and Nonrenewal |
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| 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 |
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| Permissible Reasons for Cancellation |
Title 24-A § 2908 Cancellation and Nonrenewal |
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| Permissible Reasons for Non-renewal |
Title 24-A § 2908 Cancellation and Nonrenewal |
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| Privacy notice |
Title 24-A - §2206. Notice of insurance information practices |
See Title 24-A, Ch. 24 generally for insurance information and privacy protection. |
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| 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 |
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| SUBROGATION |
Title
24-A - §2910-A. Subrogation; medical payments coverage |
Policy may not provide for subrogation or priority over an insured for medical payments |
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| 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 |
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| Terrorism |
Insurance - Bulletin 348 |
Permitted on this line of business but cannot exclude Standard Fire Policy perils |
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| 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). |
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| WARRANTIES |
Title
24-A - §2411. Representations in applications |
Statements on applications are deemed to be representations, not warranties |
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| RATE, RULE, RATING PLAN, CLASSIFICATION,
AND TERRITORY FILING REQUIREMENTS |
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| 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. |
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| 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. |
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| Billing Fees (installments, late, NSF & reinstatement) |
Title 24-A - §2304-A. Rate filings |
Considered part of rating plan. |
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| CONSENT-TO-RATE |
Title
24-A - §2308. Excess rates |
Consent to rate and form requirements for individual risk filings |
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| CREDIT SCORING AND REPORTS |
Title 24-A - §2169-B. Use of consumer reports in insurance underwriting |
Insurance Bulletin 329 and statute contain provisions relating to the use of credit information and credit insurance scores |
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| CREDIBILITY AND OTHER FACTORS |
Title
24-A - §2303. Making of rates
Title
24-A - §2304-A. Rate filings |
Credibility standards must be supported |
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| DISCOUNTS |
Title 24-A - §2303. Making of rates
Title 24-A - §2304-A. Rate filings |
Credits must be filed |
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| GROUP POLICIES |
Title 24-A - §2951. Group property and casualty insurance |
Burglary and Theft NOT among permitted products. |
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| 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. |
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| 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. |
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| Minimum Premium Rules |
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Considered part of rating plan. |
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| Multi-tier |
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Considered part of rating plan. |
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| Payment Plans |
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Considered part of rating plan. |
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| Premiums |
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Considered part of rating plan. |
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| Service Charges |
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Considered part of rating plan. |
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| Surcharges |
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Considered part of rating plan. |
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| Other Fees |
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Considered part of rating plan. |
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| RATE RANGES |
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Considered part of rating plan. |
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| 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 filings and filing
loss costs multiplier. |
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| Expense Modification Plan |
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Considered part of rating plan. |
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| Experience Rating |
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Considered part of rating plan. |
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| Large Deductible |
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Considered part of rating plan. |
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| Retrospective Rating |
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Considered part of rating plan. |
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| Schedule Rating |
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Considered part of rating plan. |
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| Small Deductible |
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Considered part of rating plan. |
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| 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 filing
loss costs multiplier. |
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| Competition |
Title
24-A - §2306. Disapproval of filing |
May support filing by citing specific competitors filing. |
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| Expenses |
Title
24-A - §2303. Making of rates |
Rate or loss cost multiplier calculation should reflect expenses of insurer. |
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| Experience |
Title
24-A - §2303. Making of rates |
Rate and loss costs multiplier calculation should reflect experience of insurer. |
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| Judgment |
Title
24-A - §2303. Making of rates |
Rate or loss costs multiplier calculation should reflect judgment of insurer. |
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| Profit Loading |
Title
24-A - §2303. Making of rates |
Rate or loss costs multiplier calculation may reflect
profit loading and must include consideration for investment income. |
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| 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 premiums, class rates, rating schedules
or rating plans, every other rating rule, and every modification
to the foregoing should be filed and supported |
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| RISK CLASSIFICATION |
Title
24-A - §2303. Making of rates |
Risks may be grouped by classifications for the establishment of rates and minimum premiums |
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| TRENDING |
Title
24-A - §2303. Making of rates
Title
24-A - §2304-A. Rate filings
|
All aspects of pricing must be filed and supported
by experience and/or may adopt advisory organization reference filing
and file loss costs multiplier |
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