No. 29290 (Amendment): R590-225-6. Filing Submission Requirements

DAR File No.: 29290
Filed: 11/30/2006, 12:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

A change has been made in the electronic filing program SERFF that necessitates a change in the rule filing requirements of the rule.

Summary of the rule or change:

The certification information Subsection R590-225-6(4) of the rule is being moved to Subsection R590-225-6(3) under "Filing Description". The language of the certification is also changing to no longer requiring the signature to make the certification valid. The certification will be validated when the filer submits the filing.

State statutory or constitutional authorization for this rule:

Sections 31A-2-201, 31A-2-201.1, 31A-2-202, and 31A-19a-203

Anticipated cost or savings to:

the state budget:

The changes to this rule will not change the workload of office personnel. It will not require a change in filings made to the department nor revenues coming into the department.

local governments:

The requirements of this rule impact only licensees of the department and will not affect their relationship with local governments.

other persons:

The changes to this rule will eliminate the need for property and casualty insurers to file a transmittal form when they submit a SERFF filing to the department. This will save these insurers time and reduce the workload of employees involved in this process. It should not be enough of a reduction in work load to require the elimination of an employee. Since the filing process is still electronic, there will be no savings in paper and printing and as a result, no savings to pass on to their insureds.

Compliance costs for affected persons:

The changes to this rule will eliminate the need for property and casualty insurers to file a transmittal form when they submit a SERFF filing to the department. This will save these insurers time and reduce the workload of employees involved in this process. It should not be enough of a reduction in work load to require the elimination of an employee. Since the filing process is still electronic, there will be no savings in paper and printing and as a result, no savings to pass on to their insureds.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have no fiscal impact on Utah businesses. D. Kent Michie, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Insurance
Administration
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/15/2007

This rule may become effective on:

01/22/2007

Authorized by:

Jilene Whitby, Information Specialist

RULE TEXT

R590. Insurance, Administration.

R590-225. Submission of Property and Casualty Rate and Form Filings.

R590-225-6. Filing Submission Requirements.

A filing must be submitted by market type and type of insurance, not by annual statement line number. A filing may not include more than one type of insurance, unless the filing is a commercial or personal inter-line form filing. The inter-line use of a form must be explained in the Filing Description. A filer may submit a filing for more than one insurer if all applicable companies are listed on the transmittal and a copy of the transmittal is submitted for each company. A complete filing consists of the following documents submitted in the following order:

(1) "NAIC Uniform Property and Casualty Transmittal Document." COMPLETE THE TRANSMITTAL BY USING THE FOLLOWING:

(a) "NAIC Coding Matrix;"

(b) "NAIC Instruction Sheet;" and

(c) "Utah Property and Casualty Content Standards."

(2) Do not submit the documents described in (1)(a),(b), and (c) with a filing.

(3) Filing Description. The following information must be included in the Filing Description on the transmittal and presented in the order shown below:

(a) Certification. The filer must certify that a filing has been properly completed AND is in compliance with Utah laws and rules. The following statement must be included in the filing description:

"BY SUBMITTING THIS FILING I CERTIFY THAT THE ATTACHED FILING HAS BEEN COMPLETED IN ACCORDANCE WITH UTAH ADMINISTRATIVE RULE R590-225 AND IS IN COMPLIANCE WITH APPLICABLE UTAH LAWS AND RULES". A filing will be rejected if the certification is missing or incomplete. A certification that is inaccurate may subject the filer to administrative action.

[(a)](b) Provide a detailed description of the purpose of the filing.

[(b)](c) Describe the benefits and features of each form, rate or supplementary information contained in the filing, including specific features and options;

[(c)](d) Identify any new, unusual or controversial provision.

[(d)](e) Identify any unresolved previously prohibited provision and explain why the provision is included in the filing;

[(e)](f) If the filing is replacing or modifying a previous submission, provide information that identifies the filing being replaced or modified, the Utah filed date, and a detailed description of the changes made;

[(f)](g) If filing an application, or endorsement, and the filing does not contain a policy, identify the affected policy form number, the Utah filed date, and describe the effect of the submitted forms on the base policy.[

(4) Certification. The filer must certify that a filing has been properly completed AND is in compliance with Utah laws and rules. Section 21 must contain this statement:

"BY SIGNING THE TRANSMITTAL I CERTIFY THAT THE ATTACHED FILING HAS BEEN COMPLETED IN ACCORDANCE WITH UTAH ADMINISTRATIVE RULE R590-225 AND IS IN COMPLIANCE WITH APPLICABLE UTAH LAWS AND RULES".

A filing will be rejected if the certification is missing or incomplete. A certification that is inaccurate may subject the filer to administrative action.]

[(5)](4) Letter of Authorization. When the filer is not the insurer, a letter of authorization from the insurer must be included. The insurer remains responsible for the filing being in compliance with Utah laws and rules.

[(6)](5) Items being submitted for filing. Refer to each applicable subsection of this rule for general procedures and additional procedures on how to submit forms, rates, and supplementary information.

[(7)](6) Return Notification Materials.

(a) Return notification materials are limited to:

(i) a copy of the transmittal; and

(ii) a self-addressed, stamped envelope.

(b) Additional documents submitted for return will be discarded.

(c) Notice of filing will not be provided unless return notification materials are submitted.

 

KEY: property casualty insurance filing

Date of Enactment or Last Substantive Amendment: [June 29, 2006]2007

Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-2-201.1; 31A-2-202; 31A-19a-203