Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 15 - Property and Casualty › Subchapter 1 - General Provisions › Section 365:15-1-3 - Property and casualty form filings

Current through Vol. 41, No. 20,
				July 1, 2024
(a)
Purpose.
The purpose of this section is to specify the procedures
				for submitting form filings to the Insurance Commissioner as required by
				Article 36 of the Insurance Code.
(b)
Procedures.
Policy forms,
				endorsements and revisions thereto, by insurance companies and advisory
				organizations licensed in Oklahoma, shall be submitted in compliance with this
				section, or shall be rejected for filing, and the entity that made such
				submission shall be so notified.
(1)
Filing requirements.
The Insurance Code, Article 36, requires that
				each insurer shall make its form filings by line of business directly with the
				Insurance Commissioner. Companies may satisfy their obligation to make such
				filings, where authorized by law, by becoming a member or subscriber to an
				Oklahoma licensed advisory organization that makes such filings.
(2)
Filing fees.
(A) Form filings shall be accompanied by the
				proper fees as specified in the Insurance Code. Fees shall not be paid in
				cash.
(B) Filings for groups of
				insurers shall be accompanied by the specified fee for each transaction,
				regardless of the number of members or subscribers.
(C) Filings by advisory organizations shall
				be accompanied by the specified fee for each transaction regardless of the
				number of members or subscribers.
(3)
Address requirements.
All
				filings shall be addressed as follows: Oklahoma Insurance Commissioner, 400 NE
				50th Street, Oklahoma City, Oklahoma
				73105.
(4)
Number of
				copies.
All filings except those exempted shall be submitted through the
				System for Electronic Rate and Form Filing (SERFF) pursuant to the SERFF
				General Instructions. All filings including the cover letter, all exhibits,
				forms and additional information submitted to the Insurance Commissioner shall
				be typewritten or printed and submitted with one (1) legible copy of all
				material. Companies that file as a group listing all companies on the
				transmittal letter may accomplish this requirement by submitting one (1)
				typewritten or printed legible copy of all material.
(5)
Effective date of filings.
The effective date of form filings and the dates of required action by the
				Insurance Commissioner are governed by the applicable provisions of the
				Insurance Code.
(6)
Notice of
				Insurance Commissioner action.
The Insurance Commissioner shall indicate
				action taken through the System for Electronic Rate and Form Filing (SERFF).
				Nothing in this section shall preclude the Insurance Commissioner from the use
				of other forms of communication to secure information from the filing
				entity.
(7)
Life, accident
				and health insurance.
This section does not apply to Life, Accident and
				Health. Life, Accident and Health filings shall be made in accordance with the
				applicable provisions of the Insurance Code and Rules of the Insurance
				Commissioner.
(8)
Postage
				requirements.
No submissions shall be accepted which arrive at the
				offices with postage due. No submissions will be returned unless the necessary
				postage accompanies the same.
(9)
Filing form and content.
All filings shall contain the following:
(A) The name of the filing entity and
				complete mailing address to which correspondence shall be sent.
(B) A "RE" or "caption" briefly describing
				the content and context of the filing.
(C) A list or index of the forms filed in the
				filing letter or attached thereto including the form numbers and edition date,
				if applicable.
(D) A complete
				description and full explanation of the changes made by the filing including,
				reasoning therefore, illustrative examples, including "John Doe" specimen form,
				and a comparison of currently approved and proposed materials (side by side
				comparison or marked copy).
(E) A
				concise statement to identify the form to be replaced by the filing including
				the approval date in this jurisdiction and the identifying filing number of the
				filing containing the form to be replaced as assigned by the Insurance
				Department.
(F) If a form is being
				withdrawn or amended due to court decisions in any jurisdiction, the filing
				entity shall furnish the legal citation, and if from another jurisdiction, a
				copy of such decision or opinion with its filing.
(G) If a form filing is due to a federal law
				or regulation of a federal agency, the filing entity shall furnish the legal
				citation and a copy of the pertinent provisions.
(H) Completed transmittal forms and
				exhibits.
(10)
Withdrawal of pending filings.
Pending filings may be withdrawn by
				the filing entity upon notice to the Insurance Commissioner prior to the
				approval or disapproval thereof. The notice shall include the reason for the
				withdrawal.
(11)
Duration of
				filings.
All filings are in effect until withdrawn or amended by the
				insurer or rating organization, with approval of the Insurance Commissioner or
				until abrogated by the Insurance Commissioner.
(12)
Advisory organization
				deviations.
Every member of, or subscriber to, a licensed rating
				organization may adhere to any filings made on its behalf by its Advisory
				Organization, except that any such member or subscriber may deviate from such
				filings as authorized by this section if it has filed with the Advisory
				Organization and with the Insurance Commissioner, the deviation to be applied
				and information necessary to justify the deviation. If such deviation is
				approved, it shall remain in force until such approval is withdrawn or replaced
				by the insurer with approval of the Insurance Commissioner.
(13)
Group filings.
Where
				filings are made on behalf of more than one insurer, the filing shall list the
				insurer or insurers by individual name and not by Company group.
(14)
Members of or subscribers to a
				licensed advisory organization.
(A)
Filings.
A licensed advisory organization may make filings on
				behalf of its members and subscribers except deviation filings.
(B)
Adherence to filings.
Every
				member of or subscriber to a licensed advisory organization may adhere to any
				filings made on its behalf by such organization except that any such member or
				subscriber may deviate from such filings upon compliance with this section and
				approval of the Insurance Commissioner
(C)
Individual company filings.
Members and subscribers shall not file individual forms that have been filed on
				their behalf by the appropriate advisory organization. Declaration pages,
				policy "jackets" and other forms not normally filed by the rating organization
				shall be filed by the insurer directly with the Insurance
				Commissioner.
(D)
Filing
				requirements; advisory organization form deviation.
If form deviations
				are proposed, the insurer shall file the form including supporting
				documentation with the Insurance Commissioner and furnish copies to the
				appropriate rating organization.
(E)
Agency filings.
"Agency
				Filings" by a Rating Organization on behalf of its members or subscribers shall
				be accepted by the Insurance Commissioner in instances where the rating
				organization does not have a filing in effect for the coverage
				involved.
(15)
Independent filings.
If the insurer is filing an independently
				developed form, the filing shall comply with the following:
(A) File Policy Forms, Endorsements, and
				other materials, with the Insurance Commissioner and designate them as
				"Independent Filings".
(B) File
				support of each filing in accordance with this section.
(C) For revisions, file form with the
				Insurance Commissioner.
(16)
Reference filings.
(A)
Advisory Organization
				Filings.
(i)
Filings permitted
				without reference filing agreement.
Advisory Organization forms used in
				whole or in part may be adopted by participating insurers of a licensed
				advisory organization by "Reference Filings" subject to the approval of the
				Insurance Commissioner. When making such type filing submit a filing memorandum
				identifying the forms used. Departures and exceptions, if any, shall be
				accompanied by the necessary supporting data. Such adoption shall apply only to
				current filings and shall have no automatic effect as to future filings. Each
				advisory organization filing shall be separately and specifically
				adopted.
(ii)
Filings
				permitted with reference filing agreement.
Approved Advisory
				Organization material may be adopted by participating insurers of a licensed
				advisory organization by filing a REFERENCE FILING AGREEMENT with the Insurance
				Commissioner identifying the forms and material to be used. Such adoption shall
				apply from the date it is approved by the Insurance Commissioner to filings in
				effect on that date and to all applicable future filings. It shall remain in
				effect until such time as the agreement is withdrawn with the approval of the
				Commissioner.
(iii)
Reference
				filing.
If filing by "Reference Filing" DO NOT file forms.
(B)
Other than Advisory
				Organization filings.
An insurer may adopt another insurer's filing by
				filing forms on the filing insurer's format and by advising the Insurance
				Commissioner of the names(s) of the insurer whose program is being copied, the
				Oklahoma filing number, and the date(s) the program was filed for that insurer.
				Unless an exception is granted by the Insurance Commissioner, this procedure
				applies only to the filing of the initial program for the adopting insurer and
				is subject to the review of the Insurance Commissioner.
(17)
Resubmittal of filings.
All
				resubmissions of disapproved or rejected filings shall be presented to the
				Insurance Commissioner in the same manner as required by this section for an
				original filing. In addition the cover letter or completed transmittal forms
				addressed to the Insurance Commissioner shall state the full and complete
				history of the filing, the reason for disapproval or rejection, and the factors
				which distinguish the resubmittal so it warrants reconsideration.
(18)
Retroactive filings.
The
				Insurance Commissioner has no authority to and shall not approve filings
				proposing a retroactive effective date except in cases of a filing correcting
				an error in a previously approved filing and in cases where required or
				necessitated by Statute.
(19)
Delivery of policy to insured.
In any instance whereby a policy of
				insurance is effected the insured shall be furnished with either:
(A) The original policy;
(B) A copy of the original policy or a
				duplicate policy printed with ten point or larger type; or
(C) A certificate including provisions and
				conditions of the original policy printed with ten point or larger
				type.
(20)
Coverage elimination after policy issuance.
Any endorsement which
				eliminates or restricts coverage and which is issued during the policy term
				shall be identified as accepted by the insured, by the signature of the insured
				thereon, and a signed copy (original, computer generated or microfilm) of such
				endorsement shall be retained in the files of the insurer for one year after
				the expiration of the policy.
(21)
Uniform standard mortgage clause.
The mortgage clause to be used
				by Insurance Companies in Oklahoma shall be uniform Standard Form Number 127B
				September 1934 Edition or subsequent editions, except upon written application
				by an insurer or rating organization, a clause providing broader coverage may
				be approved by the Insurance Commissioner.
(22)
Claims-made policies.
(A) The policy application and the
				Declarations page of each claims-made policy shall include a conspicuous notice
				indicating that the contract is a claims-made policy and advising the
				policyholder to read its provisions.
(B) The policy shall provide for extended
				reporting period options based on rules, rates or rating plans approved by or
				filed with the Insurance Commissioner. If so stated in the policy, the extended
				reporting period options shall not be required to be offered if a policy is
				cancelled for nonpayment of premium or a material representation or
				fraud.
(23)
New
				forms, reductions in coverage.
(A)
				Form filings that may result in the elimination of claims (losses) shall be
				considered as a relevant factor to be given due consideration by the Insurance
				Commissioner as respects rates in effect or proposed for the coverage
				involved.
(B) The filer shall fully
				disclose the rate consideration so that Commissioner can be notified of the
				form filing. The form filing may be disapproved if the rateeffect has not been
				considered in rules, rates or rating plans approved by or filed with the
				Commissioner.