California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 2 - Policy Forms and Other Documents › Article 7 - Workers' Compensation Policy Forms › Section 2254 - Submission of Policy Forms, Endorsement Forms, or Ancillary Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only a rating
				  organization shall submit policy forms, endorsement forms, or ancillary
				  agreements on behalf of its insurer members. The Insurance Commissioner shall
				  not act upon any policy forms, endorsement forms, or ancillary agreements that
				  are directly submitted by an insurer, and the forms shall not be effective for
				  use.
(b) California Code of
				  Regulations, Title 10, Section
				  2216 notwithstanding, a rating
				  organization shall transmit policy forms, endorsement forms, or ancillary
				  agreements electronically, unless not technically feasible. The rating
				  organization shall include a copy of the proposed policy form, endorsement
				  form, or ancillary agreement and a detailed cover letter that explains the
				  necessity for and purpose of the proposed form.
(c) Standard Policy and Endorsement Forms.
A rating organization may submit a proposed standard policy
					 form, endorsement form, or ancillary agreement to the Insurance Commissioner
					 for approval for use by all members of the rating
					 organization.
(d)
				  Non-standard Policy Forms, Endorsement Forms, or Ancillary Agreements.
(1) An insurer shall file all proposed
				  non-standard policy forms, endorsement forms, or ancillary agreements with a
				  rating organization. The insurer shall include a detailed cover letter
				  explaining the necessity for and purpose of the proposed form and a copy of the
				  proposed form.
(2) An insurer shall
				  cite one or more of the grounds enumerated in Section
				  2259 of this Article in its cover
				  letter as a basis for use of limiting and restricting endorsements or
				  customized limiting and restricting endorsements.
(3) The rating organization shall review each
				  insurer's filing for compliance with these regulations and California law and
				  shall either:
(A) Submit the entire filing to
				  the Insurance Commissioner if the filing is sufficient and in compliance with
				  these regulations and California law, or
(B) Notify the insurer in writing that the
				  filing is incomplete or not in compliance with these regulations or California
				  law, setting forth the reasons in sufficient detail, and providing the insurer
				  with the following options:
(i) Amend the
				  filing so that it is complete or in compliance and submit it to the Insurance
				  Commissioner, or
(ii) Withdraw the
				  filing without submission to the Insurance Commissioner, or
(iii) Submit the filing with a written
				  explanation to the Insurance Commissioner. The insurer shall identify the
				  reasons why the rating organization determined that the filing is incomplete or
				  does not comply with the regulations or California law, and the insurer shall
				  state why it believes the filing does comply with the regulations or California
				  law.