No. 26821: R590-225. Submission of Property Casualty Rate and Form Filings

DAR File No.: 26821
Filed: 01/28/2004, 10:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to implement suggestions made by the insurance industry during the recently completed comment period.

 

Summary of the rule or change:

In Section R590-225-6, the multiple company filing instruction is being reworded to be more clear. Subsection R590-225-6(3)(b) requires benefits and features to be described for rates and supplementary information as well as forms. Subsection R590-225-6(4) has been reworded to clarify that the certification does not need a separate signature. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the December 15, 2003, issue of the Utah State Bulletin, on page 38. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

 

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 proposed changes to this rule will not create nor reduce the departments workload nor will it impact the revenues of the department.

 

local governments:

This rule only affects the relationship between the department and its licensees. It will have no affect on cities, counties, or any other local government.

 

other persons:

It has been reported to the department that the changes to this rule will increase the clerical workload of one of the property and casualty carriers licensed to sell insurance in Utah. This increased workload will not necessitate the hiring of additional personnel. These changes have been made for clarification purposes and should have no fiscal impact on insurance companies, agents, or consumers.

 

Compliance costs for affected persons:

It has been reported to the department that the changes to this rule will increase the clerical workload of one of the property and casualty carriers licensed to sell insurance in Utah. This increased workload will not necessitate the hiring of additional personnel. These changes have been made for clarification purposes and should have no fiscal impact on insurance companies, agents, or consumers.

 

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

The proposed changes to this rule will have very little fiscal impact on the property and casualty insurance industry doing business in Utah.

 

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:

03/16/2004

 

This rule may become effective on:

03/17/2004

 

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[filer may not request a filing for more than one insurer unless the filing contains a separate transmittal for each insurer to whom the filing applies]. 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) Provide a detailed description of the purpose of the filing.

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

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

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

(e) 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) 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[(YOUR NAME) CERTIFIES] THAT THE ATTACHED FILING HAS BEEN COMPLETED IN ACCORDANCE WITH [THIS RULE]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) 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) 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) 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

2004

31A-2-201

31A-2-201.1

31A-2-202

31A-19a-203