reglab/housing_qa huggingface dataset:
8 V.S.A. § 5027
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5027. Evidence of the insurance; changes; penalty

§ 5027. Evidence of the insurance; changes; penalty|(a) Where Vermont is the home state of the insured, the surplus lines broker, upon placing a domestic risk with a surplus lines insurer, shall promptly deliver to the insured the policy issued by the surplus lines insurer, or if such policy is not then available, a certificate, cover note, or other confirmation of insurance, showing the description and location of the subject of the insurance, coverage, conditions and term of the insurance, the premium and rate charged and taxes collected from the insured, and the name and address of the insured and surplus lines insurer. If the risk is assumed by more than one insurer, the document or documents shall state the name and address and proportion of the entire risk assumed by each insurer.(b) No surplus lines broker shall issue or deliver such policy or such confirmation of insurance or represent that insurance will be or has been written by any non-admitted surplus lines insurer unless he or she has written authority from the surplus lines insurer to assume the risk or has received confirmation from the surplus lines insurer in the regular course of business that such insurance has been granted.(c) If, after delivery of any such document, there is any change in the identity of the insurers, the proportion of the risk assumed by any insurer, or any other material change in coverage evidenced by an appropriate document, the surplus lines broker shall promptly deliver to the insured an appropriate substitute for, or endorsement of the original document, accurately showing the current status of the coverage and the insurers responsible thereunder. The document as modified and issued must conform to all the requirements of this chapter, and any such change resulting in a violation of this chapter is prohibited.(d) As soon as reasonably possible, and in no event later than 60 days after placement of any such insurance, the surplus lines broker shall procure from the insurer a full and properly executed policy and deliver it to the insured to replace any confirmation previously issued. The word "policy," as used in this section, shall include a certificate of insurance or cover note bound under a fully executed and effective contract from a bona fide intermediary or general agent for a surplus lines insurer, provided that it contains or has attached to it all insuring agreements, clauses, conditions, endorsements, exclusions, or any other material provisions that would regularly be included in such a policy.(e) Any surplus lines broker who fails to comply with the requirements of this section shall be subject to the penalties provided in this chapter. (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 5; 2001, No. 97 (Adj. Sess.), § 19; 2011, No. 49, § 6, eff. May 26, 2011.)
8 V.S.A. § 5028
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5028. Information required on contract

§ 5028. Information required on contract|Where Vermont is the home state of the insured, each surplus lines broker through whom a surplus lines insurance coverage is procured shall endorse on the outside of the policy and on any confirmation of the insurance, his or her name, address and license number, and the name and address of the producer, if any, through whom the business originated. Where such coverage is placed with an eligible surplus lines insurer there shall be stamped or written conspicuously in no smaller than 10 point boldface type of a contrasting color upon the first page of the policy and the confirmation of insurance if any, "The company issuing this policy is a surplus lines insurer and the rates charged have not been approved by the Commissioner of Financial Regulation. Any default on the part of the insurer is not covered by the Vermont Insurance Guaranty Association."  (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 6; 2001, No. 97 (Adj. Sess.), § 19; 2011, No. 49, § 7, eff. May 26, 2011; 2019, No. 57, § 9.)
8 V.S.A. § 5029
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5029. Surplus lines insurance valid

§ 5029. Surplus lines insurance valid|(a) Insurance contracts procured as surplus lines insurance from surplus lines insurers in accordance with this chapter shall be valid and enforceable to the same extent as insurance contracts procured from admitted insurers.(b) The insurance trade practices provisions of sections 4723 and 4724(1)-(7) and (9)-(18) of this title, and the cancellation provisions of sections 3879-3883 (regarding fire and casualty policies) and 4711-4715 (regarding commercial risk policies) of this title shall apply to surplus lines insurers, both domestic and foreign.(c) Other provisions of this title not specifically applicable to surplus lines insurers shall not apply. (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 7; 2019, No. 57, § 10.)
8 V.S.A. § 5030
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5030. Liability of surplus lines insurer for losses and unearned premiums

§ 5030. Liability of surplus lines insurer for losses and unearned premiums|If a surplus lines insurer has assumed a surplus lines coverage through the intervention of a licensed surplus lines broker of this State, and if the premium for that coverage has been received by that broker, then in all questions thereafter arising under the coverage as between the insurer and the insured, the insurer shall be deemed to have received that premium and the insurer shall be liable to the insured for losses covered by such insurance and for any return premiums due on that insurance to the insured whether or not the broker is indebted to the insurer for such insurance or for any other cause. (Added 1979, No. 50, § 2; amended 2019, No. 57, § 11.)
8 V.S.A. § 5031
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5031. Licensing of surplus lines brokers

§ 5031. Licensing of surplus lines brokers|After written application on a form supplied by the Commissioner, any licensed producer who is deemed by the Commissioner to be trustworthy and competent may be licensed as a surplus lines broker, pursuant to the provisions of chapter 131 of this title. (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 8; 1981, No. 42, § 3; 2001, No. 97 (Adj. Sess.), § 19.)
8 V.S.A. § 5032
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5032. Surplus lines broker may accept business from other producers

§ 5032. Surplus lines broker may accept business from other producers|(a) A licensed surplus lines broker may originate surplus lines business himself or herself, or may accept such business from any other originating producer duly licensed as to the kind or kinds of insurance involved and may compensate such producer therefor.(b) No originating producer shall knowingly misrepresent to the surplus lines broker any material fact involved in any such insurance transaction or in the eligibility of the risk for placement with a surplus lines broker. (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 9; 2001, No. 97 (Adj. Sess.), § 19.)
8 V.S.A. § 5033
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5033. Records of surplus lines broker

§ 5033. Records of surplus lines broker|(a) Where Vermont is the home state of the insured, each surplus lines broker shall keep in his or her office a full and true record of each surplus lines insurance contract covering a domestic risk placed by or through him or her with a surplus lines insurer, including a copy of the daily report, if any, and showing such of the following items as may be applicable:  (1) amount of the insurance and perils insured; (2) brief description of property insured and its locations; (3) gross premium charged; (4) any return premium paid; (5) rate of premium charged upon the several items of property; (6) effective date of the contract, and its terms; (7) name and post office address of the insured; (8) name and post office address of the insurer; (9) name and post office address of brokerage house, if applicable, and name of licensed individual producer with whom business was placed; (10) amount collected from the insured; and (11) other information as may be required by the Commissioner.   (b) The record of each contract shall be kept open to examination by the Commissioner without notice until three years next following termination of the contract. (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 10; 2001, No. 97 (Adj. Sess.), § 19; 2011, No. 49, § 8, eff. May 26, 2011.)
8 V.S.A. § 5034
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5034. Quarterly reports; summary of exported business

§ 5034. Quarterly reports; summary of exported business|On or before the end of each month next following each calendar quarter, each surplus lines broker shall file with the Commissioner of Taxes, on forms prescribed by him or her, a verified report of all surplus lines insurance transacted during the preceding calendar quarter. (Added 1979, No. 50, § 2; amended 2001, No. 97 (Adj. Sess.), § 19; 2019, No. 51, § 36, eff. June 10, 2019.)
8 V.S.A. § 5035
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5035. Surplus lines tax

§ 5035. Surplus lines tax|(a) Where Vermont is the home state of the insured, gross premiums charged, less any return premiums, for surplus lines coverages placed with surplus lines insurers are subject to a premium receipts tax of three percent, which shall be collected from the insured by the surplus lines broker at the time of delivery of policy or other confirmation of insurance, in addition to the full amount of the gross premium charged by the insurer for the insurance. The tax on any portion of the premium unearned at termination of insurance shall be returned to the policyholder by the surplus lines broker. Nothing contained in this section will preclude a surplus lines broker from charging a fee to the purchaser of the contract sufficient to recover the amount of this tax.(b) At the time of filing his or her quarterly report with the Commissioner of Taxes, each surplus lines broker shall remit the premium tax due thereon to the Commissioner of Taxes.(c) The Commissioner of Taxes shall collect the tax imposed by this section. All administrative provisions of 32 V.S.A. chapter 151, including those relating to the collection and enforcement of the income tax by the Commissioner of Taxes, shall apply to this section. (Added 1979, No. 50, § 2; amended 1981, No. 42, § 4; 2001, No. 97 (Adj. Sess.), § 19; 2011, No. 49, § 9, eff. May 26, 2011; 2019, No. 51, § 37, eff. June 10, 2019; 2019, No. 57, § 12.)
8 V.S.A. § 5036
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5036. Direct placement of insurance

§ 5036. Direct placement of insurance|(a) Every insured and every self-insurer in this State for whom this is their home state who procures or causes to be procured or continues or renews insurance from any non-admitted insurer, covering a subject located or to be performed within this State, other than insurance procured through a surplus lines broker pursuant to this chapter, shall, before March 1 of the year after the year in which the insurance was procured, continued or renewed, file a written report with the Commissioner of Taxes on forms prescribed and furnished by the Commissioner of Taxes. The report shall show:  (1) the name and address of the insured or insureds; (2) the name and address of the insurer or insurers; (3) the subject of the insurance; (4) a general description of the coverage; (5) the amount of premium currently charged for it; (6) such additional pertinent information as may be reasonably requested by the Commissioner of Taxes.   (b) Any insurance, where this State is the home state of the insured, or for which premium in whole or in part is remitted directly or indirectly from within this State, shall be deemed insurance subject to subsection (a) of this section.(c) A tax at the rate of three percent of the gross amount of premium, less any return premium, shall be levied upon an insured who procures insurance subject to subsection (a) of this section. Before March 1 of the year after the year in which the insurance was procured, continued, or renewed, the insured shall remit to the Commissioner of Taxes the amount of the tax.(d) All administrative provisions of 32 V.S.A. chapter 151, including those relating to the collection and enforcement of the income tax by the Commissioner of Taxes, shall apply to this section. (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 11; 2011, No. 49, § 10, eff. May 26, 2011; 2019, No. 51, § 38, eff. June 10, 2019; 2019, No. 57, § 13.)
8 V.S.A. § 5037
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5037. Suspension, revocation, or refusal of surplus lines broker's license

§ 5037. Suspension, revocation, or refusal of surplus lines broker's license|The Commissioner may suspend, revoke, or refuse to renew the license of a surplus lines broker after notice and hearing as provided under 3 V.S.A. chapter 25, upon any one or more of the following grounds:  (1) failure to make accounts and records relating to domestic risks from this State available to the Commissioner during the period when such accounts and records are required to be maintained under section 5033 of this title; (2) closing of the surplus lines broker's office for a period of more than 30 consecutive days, unless permission is granted by the Commissioner; (3) failure to make and file required quarterly reports; (4) failure to transmit required tax on surplus lines premiums; (5) suspension, revocation, or refusal to renew any other license issued by the Commissioner; (6) lack of qualifications as for an original surplus lines broker's license; (7) material violation of any provision of this chapter; or (8) for any other cause for which a license could be denied, revoked, suspended, or renewal refused under section 4804 of this title. (Added 1979, No. 50, § 2; amended 1979, No. 197 (Adj. Sess.), § 12; 2001, No. 97 (Adj. Sess.), § 19; 2011, No. 49, § 11, eff. May 26, 2011.)
8 V.S.A. § 5038
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5038. Actions against insurer; service of process

§ 5038. Actions against insurer; service of process|(a) A non-admitted insurer may be sued upon any cause of action arising in this State under any surplus lines insurance contract made by it or certificate, cover note, or other confirmation of such insurance issued or delivered by the surplus lines broker pursuant to the procedure provided in subchapter 2 of chapter 101 of this title.(b) Each surplus lines insurer that assumes a surplus lines coverage shall be deemed thereby to have subjected itself to this chapter.(c) The remedies provided in this chapter are in addition to any other methods provided by law for service of process upon insurers. (Added 1979, No. 50, § 2; amended 2019, No. 57, § 14.)
8 V.S.A. § 5039
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5039. Penalties

§ 5039. Penalties|In addition to any other penalty provided for in this chapter or otherwise provided by law, including any suspension, revocation, or refusal to renew a license, any person, firm, association, or corporation violating any provision of this chapter shall be liable for an administrative penalty not exceeding $1,000.00 for the first offense, and not exceeding $2,500.00 for each succeeding offense. (Added 1979, No. 50, § 2; amended 1995, No. 167 (Adj. Sess.), § 22.)
8 V.S.A. § 5040
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 138 - Non-Admitted Insurers and Surplus Lines Insurance|§ 5040. Separability of provisions

§ 5040. Separability of provisions|If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the chapter and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Added 1979, No. 50, § 2.)
8 V.S.A. § 5101
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 139 - Health Maintenance Organization|§ 5101. Definitions

§ 5101. Definitions|As used in this chapter:  (1) "Commissioner" means the Commissioner of Financial Regulation. (2) "Health maintenance organization" means any person who furnishes, either directly or through arrangements with others, comprehensive health care services to an enrolled member in return for periodic payments; the amounts of said payments are agreed upon prior to the time during which the health care services may be furnished; and who is obligated to the member to arrange for or to provide directly available and accessible health care services. (3) "Person" includes individuals, partnerships, associations, trusts, and corporations. (4) "Health care services" means physician, hospitalization, laboratory, x-ray service, and medical equipment and supplies, which may include: medical, surgical, and dental care; psychological, obstetrical, osteopathic, optometric, optic, podiatric, chiropractic, nursing, physical therapy services, and pharmaceutical services; health education; preventive medical, rehabilitative, and home health services; inpatient and outpatient hospital services, extended care, nursing home care, convalescent institutional care, laboratory and ambulance services, appliances, drugs, medicines, and supplies; and any other care, service, or treatment of disease or conditions, or the maintenance of the physical and mental well-being of members. (5) "Member" means any individual who has entered into a contract with a health maintenance organization for health care services or for services related to but not limited to processing, administering, or the payment of claims for health care services or in whose behalf such an arrangement has been made. (6) "Evidence of coverage" means any certificate, agreement, or contract issued to a member setting out the coverage to which he or she is entitled and the rates therefor. (7) "Provider" means any physician, hospital, or other institution, organization, or other person who furnishes health care services. (8) "Grievance" means a written complaint submitted to the Department or to the health maintenance organization in accordance with the health maintenance organization's formal grievance procedure by or on behalf of a member regarding any aspect of the health maintenance organization relative to the member. (9) "Uncovered expenditures" mean the costs to the health maintenance organization for health care services that are the obligation of the health maintenance organization, for which a member may also be liable in the event of the health maintenance organization's impairment or insolvency, and for which no alternative arrangements for payment have been made that are acceptable to the Commissioner. (Added 1979, No. 117 (Adj. Sess.); amended 1989, No. 225 (Adj. Sess.), § 25; 1993, No. 30, §§ 1, 2, eff. May 21, 1993; 1995, No. 180 (Adj. Sess.), § 38 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2013, No. 96 (Adj. Sess.), § 21.)
8 V.S.A. § 5102a
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 139 - Health Maintenance Organization|§ 5102a. Grievance procedures

§ 5102a. Grievance procedures|A health maintenance organization shall establish and maintain a grievance or complaint handling procedure which has been approved by the Commissioner to provide for the resolution of grievances and complaints initiated by members. The organization shall respond in writing to any grievance or complaint within 15 days, advising the complainant of the resolution of the grievance or complaint or that a resolution is in process and that a response will be furnished in a timely manner. The health maintenance organization shall maintain records on all grievances received under this section until the Department has filed a report of examination on the grievances but no longer than seven years from the date of the grievance. Members shall be provided with a copy of the grievance procedures upon enrollment. (Added 1993, No. 30, § 6, eff. May 21, 1993.)
8 V.S.A. § 5103
2021 Vermont Statutes|Title 8 - Banking and Insurance|Chapter 139 - Health Maintenance Organization|§ 5103. Precertificate activities

§ 5103. Precertificate activities|The Commissioner, in his or her discretion, may permit an applicant to contact potential members prior to the issuance of a certificate of authority, to discuss the health care services the applicant proposes to offer and the proposed evidences of coverage. (Added 1979, No. 117 (Adj. Sess.).)