Personal Auto

REVIEW REQUIREMENTS	REFERENCE	DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS	LOCATION OF STANDARD IN FILING
LINE OF BUSINESS:	Auto Liability	LINE(S) OF INSURANCE	CODES
	Auto Physical Damage	Personal PP	19.1001
		Auto No-fault (PIP)	19.0001
Code:	19.0000	Motorcycle	19.0002
		Recreational Vehicle (RV)	19.0003
		Other	19.0004

IF CHECKLIST IS NOT APPLICABLE, PLEASE EXPLAIN:
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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	Bureau of Insurance Bulletin 360 Electronic Submission of Rate and Form Filings
COVER LETTER AND EXPLANATORY MEMORANDUM		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		Enter New Business and Renewal effective dates under the General Information tab in SERFF
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	Auto Liability Auto Physical Damage	Must have requisite certificate of authority to transact business before submitting rate/rule or form filing
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
FORMS--POLICY PROVISIONS
ACCESS TO COURTS	Title 24-A - §2433. Jurisdiction of courts, limitation of actions	Maine Courts have jurisdiction
AGGREGATE LIMITS	Title 29-A - §1605. Proof of financial responsibility Title 24-A - §2902. Uninsured vehicle coverage; insolvency of insurer	Minimum bodily injury, property damage, medical payments and uninsured/underinsured motorists for private passenger auto — refer to Motor Vehicle Code for minimum limits for school buses, etc.
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	All statements are considered representations not warranties.. Must file applications only if to be made part of the policy.
ARBITRATION	Title 24-A § 2433 Jurisdiction of courts, limitation of actions	Binding arbitration is not allowed as no condition, stipulation or agreement shall deprive the courts of this State jurisdiction.
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 - Chapter 39, CASUALTY INSURANCE CONTRACTS	Amendatory endorsement must comply with Automobile Cancellation Control Act applies refer to Chapter 39 § 2912 et seq.
Calculation of Unearned/Return Premium		Considered part of rating plan.
Minimum Retained Premium		Considered part of rating plan.
Notice of Cancellation	Title 24-A - §2914. Notice of cancellation -- reasons Title 24-A - §2915. Delivery of notice Insurance - Bulletin 201	Cancellation must be based on statutory grounds; minimum 20 days (or 10 days if nonpayment of premium) advance notice; proof of mailing not proof of receipt until 5th calendar day after mailing
Notice of Non-renewal	Title 24-A - §2916-A. Nonrenewal -- reasons Title 24-A - §2917. Notice of intent Insurance - Bulletin 201	Nonrenewal must be based on statutory grounds; minimum 30 days advance notice; proof of mailing not proof of receipt until 3rd calendar day after mailing
Permissible Reasons for Cancellation	Title 24-A - §2914. Notice of cancellation -- reasons Rule Chapter 355 §7(C)(2)	See statute for permissible grounds. The permissible ground must be contained within the policy in order to be applicable.
Permissible Reasons for Non-renewal	Title 24-A - §2916-A. Nonrenewal -- reasons	See statute for permissible grounds.
CONSUMER INFORMATION
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
Privacy notice	Title 24-A - §2206. Notice of insurance information practices	See Title 24-A, Ch. 24 generally for insurance information and privacy protection.
CONTENT OF POLICIES	Title 24-A - §2901. Contracts subject to general provisions Title 29-A - §1606. Filing Title 24-A - Chapter 39, CASUALTY INSURANCE CONTRACTS Title 24-A - Chapter 27, THE INSURANCE CONTRACT Title 24-A - MAINE INSURANCE CODE	Casualty contracts are subject to provisions of Chapter 30 as well as Chapter 27 & other applicable provisions of Title 24-A (the Maine Insurance Code)
DEFENSE WITHIN LIMITS	Title 24-A - §2413. Grounds for disapproval	Prohibited — deceptively affects coverage purported to be assumed
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
DUTY TO DEFEND	Title 24-A - §2413. Grounds for disapproval	May not be excluded—deceptively affects coverage. The Maine Supreme Judicial Court uses a comparison test to assess an insurer's duty to defend. See, Commercial Union Ins. v. Royal Ins., 658 A.2d 1081 (Me. 1995) (The insured is entitled to a defense if the complaint alleges any legal or factual basis that could obligate an insurer to indemnify.)
DRIVER EXCLUSIONS & LIMITATIONS	Title 24-A - §2916-B. Exclusion of covered persons under personal automobile policy	A named driver exclusion is permitted in order to avoid cancellation or nonrenewal of an automobile insurance policy, and to allow the insurer to provide or to continue to provide coverage without an unreasonable risk. An insurer and the named insured may agree by an endorsement to the policy that is signed by the affected parties. Every endorsement shall contain the following wording in conspicuous print: "NOTICE TO POLICYHOLDER IF THE PERSON EXCLUDED FROM COVERAGE BY THIS ENDORSEMENT IS UNDER THE AGE OF 18 YEARS, YOU CAN BE HELD LIABLE UNDER STATE LAW FOR HIS OR HER NEGLIGENCE WHEN HE OR SHE OPERATES YOUR VEHICLE WITH YOUR PERMISSION. YOUR POLICY DOES NOT INSURE YOU AGAINST THIS LIABILITY."
Terrorism	Insurance - Bulletin 348	Not permitted on this line
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	Personal Auto NOT among lines permitted
GUEST PASSENGER LIABILITY	Title 24-A - §2902-B. Motorcycle passenger exclusion	Motorcycle passenger exclusion not permitted unless insurer notifies Bureau of Insurance and each licensed producer and separate exclusionary endorsement filed and approved
LIMITS	Title 29-A - §1605. Proof of financial responsibility Title 29-A - §1605-A. Medical payments Title 24-A - §2902. Uninsured vehicle coverage; insolvency of insurer	Minimum limits found in applicable sections of Motor Vehicle Code; UM limits must be same as BI Liability unless expressly request lower limits, but must be no less than minimum limits required for BI in Title 29-A
LOSS PAYEE	Title 24-A - §2914. Notice of cancellation -- reasons Bulletin 372	Must provide notice to any person mentioned in loss payable clause
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
Payment of Loss Time Period	Title 24-A §2436. Interest on overdue payments	Payment within 30 days and interest on overdue payments of 1.5% per month
MEDICAL PAYMENTS	Title 29-A - §1605-A. Medical payments	Minimum limit required by Motor Vehicle Code effective 1-1-2008 is $2,000 per person.
MINIMUM STANDARDS FOR CONTENT (POLICIES AND STANDARD FORMS)	Title 29-A - §1605. Proof of financial responsibility Title 29-A - §1605-A. Medical payments Title 24-A - §2902. Uninsured vehicle coverage; insolvency of insurer	Must provide bodily injury liability, property damage liability, medical payments and uninsured/underinsured motorist (including injury caused by hit-and-run driver)
POLLUTION LIABILITY	Title 24-A - §2413. Grounds for disapproval	Prohibited — deceptively affects coverage purported to be assumed
POST-JUDGMENT INTEREST	Bulletin 353	Post-judgment interest must be paid in accordance with Maine law.
PRIOR APPROVAL	Title 24-A – 2304-A, Rate filings Title 24-A - §2412. Filing, approval of forms	Filings are to be made no less than 30 days in advance of their stated effective/delivery date. The Superintendent must act upon a filing within 30 days unless the filer requests an extension. Filings not acted upon pursuant to these statutes be deemed after 30 days.
PUNITIVE DAMAGES	Title 24-A - §2413	We do not allow in the Personal Auto Policy
READABILITY	Title 24-A - §2441. Minimum policy language simplification standards	Minimum Flesch score of 50; 10-point. type (16 or fewer characters per inch), one-point leaded
REBATES	Title 24-A - §2162. Unfair discrimination, rebates prohibited -- property, casualty, surety insurance Title 24-A - § 2163-A. Permitted activities Bulletin 233	Refer to Statutes and Bulletin for specific information.
SUBROGATION	Title 24-A - §2910-A. Subrogation; medical payments coverage	Policy may not provide for subrogation or priority over the insured of payment for any hospital, nursing, medical or surgical services or of any expenses paid or reimbursed under the medical payments coverage in the policy in the event the insured is entitled to receive payment or reimbursement from any other person as a result of legal action or claim, except as provided in this section. The coverage may contain a provision that allows the payments if : A. The provision provides for subrogation or priority over the insured when an insured's awarded or settled damages exceed $20,000; B. The provision requires the written approval of the insured; C. The provision provides that the insurer’s subrogation right is subject to subtraction to account for the pro rata share of the insured's attorney's fees incurred in obtaining the recovery from another source; and D. The provision is approved by the superintendent.
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 insurer
UNINSURED/UNDERINSURED MOTORISTS	Title 24-A - §2902. Uninsured vehicle coverage; insolvency of insurer Title 29-A - §1605. Proof of financial responsibility	Mandatory bodily injury coverage in amounts equal to BI liability limits unless expressly reject higher UM limits in writing, but at a minimum most be no lower than minimum financial responsibility limit in Motor Vehicle Code (Title 29-A)
VICARIOUS LIABILITY	Title 14 - §304. Liability of parents or legal guardians for damage by children	Parent or Legal Guardian are 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). Maine law allows you to cancel and or deny a claim for fraud or material misrepresentation. See 24-A §§ 2411 & 2914.
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 §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	Title 24-A - §2169-B. Use of consumer reports in insurance underwriting Insurance - Bulletin 329	Insurance Bulletin 329 and statute contains provisions relating to the use of credit information and credit insurance scores
CREDIBILITY	Title 24-A - §2303. Making of rates Title 24-A - §2304-A. Rate filings	Credibility standards must be supported
DISCOUNTS	Title 24-A - §2304-A. Rate filings	Credits must be filed
GROUP POLICIES	Title 24-A - §2951. Group property and casualty insurance	Personal Auto NOT among permitted products
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
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 file loss costs multiplier
Charges		Considered part of rating plan
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.
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 file loss costs multiplier
Deductible		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
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 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
Judgment	Title 24-A - §2303. Making of rates	Rate and loss costs multiplier calculation should reflect judgment of insurer
Credibility And Other Factors	Title 24-A - §2303. Making of rates	Rate and loss costs multiplier calculation should reflect credibility
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
RETURN ON EQUITY / INVESTMENT INCOME	Title 24-A - §2303. Making of rates	Profit must give consideration to investment income
SYMBOLS		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 filings must include or reference all supporting information as defined in statute
TRENDING	Title 24-A - §2303. Making of rates 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 file loss costs multiplier

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