reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Section 61.9 - Residence

Current through Register Vol. 54, No. 28, July 13, 2024
If an insurer determines not to renew a policy of automobile
				  insurance because the insured no longer resides in this Commonwealth, the
				  insurer may not be required to comply with the requirement of section 5(5) of
				  act of June 5, 1968 (P. L. 140, No. 78) (40 P. S. §
										1008.5(5)) or of this
				  chapter.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Section 61.10 - Nonapplicability of the acts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Some
				insurers affect a renewal of their outstanding policies of automobile insurance
				merely by sending a renewal premium notice to the insured a reasonable period
				of time in advance of the expiration date of his policy. The insured need only
				make a timely payment of the premium due in order to keep his policy in force.
				In such a situation the mailing by the insurer of the renewal premium notice
				does constitute such a manifestation of willingness by the insurer to renew as
				to come within the purview of section 6(1) of act of June 5, 1968 (P. L. 140,
				No. 78) (40 P. S. §
										1008.6(1)). If the insured
				fails to pay the renewal premium when due, the policy shall terminate in
				accordance with its terms. No further notice to the insured by the insurer of
				an intention not to renew for nonpayment of premium shall be
				necessary.
(b) Mere nonpayment of
				the premium by the insured will not be considered "such action" as to come
				within the purview of section 6(2) of act of June 5, 1968 (P. L. 140 No. 78)
				(40
				P. S. §
										1008.6(2)).
				Some more affirmative act on the part of the insured shall be necessary, such
				as a statement by the insured to his agent that he does not want his policy to
				be renewed or an obtaining by the insured of another policy which he intends
				shall supersede his current policy.
(c) The 60-day period referred to in section
				6(3) of act of June 5, 1968 (P. L. 140, No. 78) (40 P. S. §
										1008.6(3)) is intended to
				provide to insurers a reasonable period of time, if desired, to investigate
				thoroughly a particular risk while extending coverage during the period of
				investigation. Should an insurer, after the investigation, conclude that it
				does not wish to remain on the risk, it may cancel the policy, provided that
				its action is not in violation of section 3 of act of June 5, 1968 (P. L. 140,
				No. 78) (40 P. S. §
										1008.3). A
				cancellation of the policy is exempt from the purview of act of June 5, 1968
				(P. L. 140, No. 78) by the provisions of section 6(3) thereof except as
				otherwise provided by this subsection and section 3 of the act of June 5, 1968
				(P. L. 140, No. 78). However, for purposes of review by the Department in order
				to determine whether the action by the insurer is in violation of section 3 of
				act of June 5, 1968, (P. L. 140, No. 78) (40 P. S. §
										1008.3), the cancellation shall be considered
				to be a refusal to write. Therefore, an individual who has been cancelled by an
				insurer during this 60-day period may obtain from the insurer the reasons for
				the action of the insurer and may request a review by the Insurance Department
				as set forth in section 8(b) of the act of June 5, 1968 (P. L. 140, No. 78)
				(40
				P. S. §
										1008.8(b)).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Section 61.11 - Notice of representative

Current through Register Vol. 54, No. 28, July 13, 2024
Each insurer shall file with the Insurance Department within
				  30 days of the effective date of this chapter the names of its representatives
				  who are to be notified in the event that an insured or an applicant requests
				  the Insurance Department to review a cancellation, refusal to renew or refusal
				  to write involving that insurer.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Section 61.12 - Filing fees; judicial review

Current through Register Vol. 54, No. 28, July 13, 2024
No filing fee will be charged at the time that a request for
				  review is made.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Section 61.13 - Records; cancellation, refusal to write or renew

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each insurer shall maintain records of
				the number of cancellations and refusals to write or renew policies and the
				reasons therefor, and shall file with the Insurance Department, within 60 days
				following June 30 and December 31, a report summarizing the record of all such
				actions during the 6-month period ending on these dates.
(b) The report required by the provisions of
				subsection (a) shall be in substantially the form set forth in Appendix
				D.
(c) Records and reports shall
				include instances in which an agent himself has, on behalf of a specific
				insurer, refused to write a policy for a particular applicant, even though the
				agent has not in fact contacted that insurer prior to refusing to write the
				policy.
(d) A mere request by an
				individual for a price quotation on a policy of automobile insurance with a
				particular insurer does not constitute an application for a policy.
This section cited in 31 Pa. Code §
											68.304 (relating to notice of
					 refusals to write by agents and
					 brokers).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Section 61.14 - Foreign language requirement

Current through Register Vol. 54, No. 28, July 13, 2024
Each insurer shall assure that the notice required by §
									61.5 (relating to notice of
				  cancellation or refusal to renew; requirements) shall be given to each
				  policyholder effected. In the event the insurer, or its agent, knows or has
				  reason to believe that a policyholder will be unable to read the notice, the
				  insurer shall assure that the notice is communicated to the policyholder by an
				  appropriate foreign language equivalent or oral communication in a language
				  understood by the policyholder.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view
				  image
This appendix cited in 31 Pa. Code §
											61.5 (relating to notice of
					 cancellation or refusal to renew;
					 requirements).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Appendix B

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view
				  image
This appendix cited in 31 Pa. Code §
											61.5 (relating to notice of
					 cancellation or refusal to renew;
					 requirements).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Appendix C

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view
				  image
This appendix cited in 31 Pa. Code §
											61.5 (relating to notice of
					 cancellation or refusal to renew;
					 requirements).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 61 - NOTICES FOR AND APPEALS OF CANCELLATIONS AND REFUSAL TO RENEW CERTAIN AUTOMOBILE INSURANCE POLICIES › Appendix D

Current through Register Vol. 54, No. 28, July 13, 2024
Click to view
				  image
This appendix cited in 31 Pa. Code §
											61.13 (relating to records;
					 cancellation, refusal to write or renew).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 62 - MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS › Section 62.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-The Motor Vehicle Physical Damage
				  Appraiser Act (63 P. S. §§
										851-863).
Aftermarket crash part
-A nonoriginal
				  equipment manufacturer (non-OEM) replacement part, either new or used, for any
				  of the nonmechanical parts that generally constitute the exterior of the motor
				  vehicle, including inner and outer panels.
Appraisal
-
(i) A written monetary estimate of physical
				damage sustained to a motor vehicle when the making of the estimate is assigned
				in order to allow the return of the vehicle to its predamaged
				condition.
(ii) The term includes
				estimates made by the insurer, its employes, its agents or related entities or
				individuals or entities assigned to make the estimate.
Appraiser
-A natural person in this
				  Commonwealth who makes appraisals of motor vehicle physical damage.
Commissioner
-The Insurance Commissioner of
				  the Commonwealth.
Consumer
-The owner of the motor vehicle
				  which has sustained damage or the owner's representative.
Dealer
-An individual licensed, active and
				  knowledgeable in the sale of used motor vehicles similar to that being
				  appraised.
Insurer
-All companies, associations and
				  exchanges engaged in the insurance business of insurance companies and
				  self-insurers.
Motor vehicle
-A motorized device, including
				  a trailer attached thereto, in, upon or by which a person or property is or may
				  be transported or drawn upon a public highway.
Predamaged condition
-The function and
				  appearance of the motor vehicle just prior to when the damage in question was
				  sustained.
The provisions of this §
											62.1 amended under sections 206,
					 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S.
					 §§
												66,
					 186,
					 411 and
					 412); section 320 of The
					 Insurance Department Act of 1921 (40 P. S. §
												443); and the Motor Vehicle Physical Damage
					 Appraiser Act (63 P. S. §§
												851-863).
This section cited in 31 Pa. Code §
											146a.2 (relating to definitions);
					 and 31 Pa. Code §
											146b.2 (relating to
					 definitions).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 62 - MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS › Section 62.2 - Experience and fitness requirements for licensing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements in
				sections 3, 4, 8 and 11 of the act (63 P. S. §§
										853,
				854,
				858 and
				861), to qualify to take the
				examination required for appraisers, an applicant shall establish competency to
				fulfill the responsibility of being an appraiser.
(1) Competency may be demonstrated by
				providing written documentation of one of the following:
(i) A minimum of 6 months continuous
				experience within the previous 3 years at an occupation, such as body repair,
				that directly involves the estimation of physical damage to motor
				vehicles.
(ii) Successful
				completion of education or training related to appraising motor vehicle
				physical damage taken within the previous 3 years.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 62 - MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS › Section 62.3 - Applicable standards for appraisal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The appraisal shall:
(1) Be signed by the appraiser before the
				appraisal is submitted to the insurer, the consumer or another involved party.
				The appraiser may utilize an electronic signature.
(2) Not use abbreviations or symbols to
				describe work to be done or parts to be repaired or replaced unless an
				explanation of the abbreviations and symbols is included.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 63 - UNINSURED MOTORISTS COVERAGE › Subchapter A - GENERAL PROVISIONS › Section 63.1 - Policies to which coverage shall be attached

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Liability insurance policies which insure
				  against loss for bodily injury or death suffered by a person arising out of the
				  ownership, maintenance or use of a motor vehicle, shall include uninsured
				  motorists coverage when delivered or issued for delivery in this Commonwealth,
				  unless the coverage is rejected in writing by the insured.
(b) Uninsured motorists coverage applies to
				  motor vehicles registered or principally garaged in this
				  Commonwealth.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 63 - UNINSURED MOTORISTS COVERAGE › Subchapter A - GENERAL PROVISIONS › Section 63.2 - Extent of coverage to be offered

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The extent of the coverage which shall be
				  offered as "Uninsured Motorists Coverage" shall be at least that coverage
				  contained in the sample form in Exhibit C, which is the National standard form
				  for this insurance.
(b) An
				  endorsement shall be issued by insurers to effect removal of an exclusion not
				  listed in Exhibit C: Exclusions. A notice shall accompany each endorsement at
				  the initial policy writing or at renewal which notice fully informs the insured
				  of his right to reopen claims where a previous claim was denied under the
				  exclusion on or after April 13, 1978.
(1) The
				  endorsement and notice shall be submitted to the Bureau of Regulation of Rates
				  and Policies for prior approval. Insurers or rating organizations on behalf of
				  their members and subscribers shall make the filings not later than August 15,
				  1979.
(2) The following notice will
				  be deemed to meet the requirements of this subsection:
On April 13, 1978, the Superior Court of Pennsylvania
					 declared void an exclusion which denies Uninsured Motorists coverage when an
					 insured is injured while occupying an uninsured motor vehicle owned by that
					 insured. Accordingly, insurers cannot deny coverage solely by reason of that
					 exclusion for claims made or pending on or after April 13, 1978. Contact your
					 agent if you think you are entitled to payment as a result of this change to
					 your policy as of April 13, 1978.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 63 - UNINSURED MOTORISTS COVERAGE › Subchapter A - GENERAL PROVISIONS › Exhibit C - Insuring Agreements

Current through Register Vol. 54, No. 28, July 13, 2024
I.
Damages for Bodily Injury Caused by Uninsured Automobiles
The company will pay all sums which the insured or his
					 legal representative shall be legally entitled to recover as damages from the
					 owner or operator of an uninsured automobile because of bodily injury, sickness
					 or disease, including death resulting therefrom, hereinafter called "bodily
					 injury", sustained by the insured, caused by accident and arising cut of the
					 ownership, maintenance or use of such uninsured automobile; provided, for the
					 purposes of this endorsement, determination as to whether the insured or such
					 representative is legally entitled to recover such damages, and if so the
					 amount thereof, shall be made by agreement between the insured or such
					 representative and the company or, if they fail to agree, by
					 arbitration.
No judgment against any person or organization alleged to
					 be legally responsible for the bodily injury shall be conclusive, as between
					 the insured and the company, of the issues of liability of such person or
					 organization or of the amount of damages to which the insured is legally
					 entitled unless such judgment is entered pursuant to an action prosecuted by
					 the insured with the written consent of the company.
II.
Definitions
(a)
"insured"
means:
(1) The named insured as stated in the policy
				  (herein also referred to as the "principal named insured") and any person
				  designated as named insured in the schedule and, while residents of the same
				  household, the spouse of any such named insured and relatives of
				  either;
(2) any other person while
				  occupying an insured automobile; and
(3) any person, with respect to damages he is
				  entitled to recover because of bodily injury to which this endorsement applies
				  sustained by an insured under (1) or (2) above.
The insurance applies separately with respect to each
					 insured, but the application of the insurance to more than one insured shall
					 not operate to increase the limits of the company's liability.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 63 - UNINSURED MOTORISTS COVERAGE › Subchapter A - GENERAL PROVISIONS › Section 63.3 - Minimum coverage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Insurance Department will require the coverage set forth in the form in Exhibit
				  C as the minimum coverage which will be approved by the Department as
				  satisfactorily complying with the requirements of act of August 14, 1963 (P. L.
				  909, No. 433) (40 P. S. §
											2000).
(b) A company or bureau which has already
				  received approval of a form providing this coverage may certify in writing,
				  signed by an officer of the company or bureau, that the approved form meets the
				  minimum requirements of this chapter, if such is the case.
(c) The limits of liability for bodily injury
				  or death shall be at least the limits required from time to time by the General
				  Assembly in section 1421 of the Vehicle Code (75 P. S. §
											1421) (Repealed).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of the Department's readability program is an
				  auto insurance policy that is understandable to a person of average
				  intelligence and education. Towards this end, this chapter is promulgated to
				  inform the insurers licensed in the Commonwealth of the standards the
				  Department will use in determining whether to approve a given policy form.
				  Licensed insurers are advised that policy forms that do not conform
				  substantially with the standards set forth in this chapter will not be approved
				  for use in this Commonwealth.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				applies to policies providing auto liability, medical payments, physical damage
				or uninsured motorists insurance on private passenger automobiles owned or
				rented under a long term lease or contract by an individual or husband and wife
				who are resident in the same household on a specified car basis. A "private
				passenger automobile," for the purposes of this section includes the following:
(1) A motor vehicle of the private passenger
				or station wagon type which is neither used for transporting goods or
				passengers for hire nor rented to others without a driver.
(2) A motor vehicle with a pick-up body, a
				delivery sedan or panel truck, not customarily used in the occupation,
				profession or business of the insured other than farming or ranching. A motor
				vehicle used in the course of driving to or from work, which otherwise meets
				the eligibility requirements of this rule, shall be classified as a private
				passenger automobile.
(3) An
				automobile owned by a farm family, copartnership or corporation which is
				principally garaged on a farm or ranch and otherwise meets the definitions set
				forth in paragraph (1) or (2) shall be considered a private passenger
				automobile owned by two or more relatives resident in the same
				household.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.4 - Simple wording

Current through Register Vol. 54, No. 28, July 13, 2024
Policy forms shall be written in simple words. The words
				  should convey meanings clearly and directly. Legal sounding words should be
				  avoided. Present tense and positive statements should be used wherever
				  possible. Gerunds, participles and infinitives should be avoided. Words should
				  be used in their commonly understood senses.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.6 - Index

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Policy forms
				should include an index at the beginning of the form. The index should give a
				comprehensive listing of policy parts in a logical sequence. Index listings
				should clearly state the contents of each section. The index should provide a
				useful guide to use of the form.
(b) A good index should include the
				following:
(1) Who is insured under each
				coverage.
(2) What is covered under
				each coverage.
(3) What is not
				covered under each coverage.
(4)
				Words defined.
(5) How to file a
				claim under each coverage.
(6) What
				to do if you are sued.
(7) Change
				in the policy.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.8 - Policy structure

Current through Register Vol. 54, No. 28, July 13, 2024
For clarity, each coverage (in forms with two or more
				  coverages) should be arranged separately with its related exclusions,
				  conditions and other provisions. Claim filing procedures should either be
				  stated in a separate section and keyed to each coverage section or set forth in
				  the section pertaining to each coverage.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.9 - Legibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The policy and
				endorsements shall be printed in upright type at least as large as 10-point
				modern type, 1-point leading (11-point spacing). The legibility should be
				comparable to that of Century type. No insurer, however, shall be required to
				use a specific type face as long as the type selected meets this standard of
				readability. The Department will consider the following type faces as being
				legible as Century type, although this list is not intended to be exhaustive
				but is intended solely as an indication of the legibility of a type face that
				is required:
(1) Aldine.
(2) Baskerville.
(3) Bodoni.
(4) Bodoni Book.
(5) Century Schoolbook.
(6) Journal.
(7) Press Roman.
(8) Times Roman.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.10 - Narrative or outline form

Current through Register Vol. 54, No. 28, July 13, 2024
Policy forms may be prepared in narrative or outline form. If
				  the narrative form is used, frequent section headings should be used to permit
				  ease in locating provisions. If the outline form is used a maximum of three
				  levels of division should be used. Care should be taken to avoid fragmentation
				  in the outline form.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.11 - Conditions

Current through Register Vol. 54, No. 28, July 13, 2024
Conditions should be incorporated in the sections to which
				  they apply. Conditions relating to a specific coverage should be included with
				  that coverage. Conditions relating to claims procedures should be included in a
				  section on how to file a claim. Avoid using a series of unrelated conditions
				  which relate to other parts of the policy individually or which could be
				  combined in a section on what to do if you are sued or on policy
				  changes.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.12 - Testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Policy forms
				should have a total readability score of 40 or more on the Flesch Scale. The
				Flesch Scale testing procedure is given in Appendix A.
(b) Forms with a Flesch Test score of less
				than 40 may be approved where the length of sentences and words are
				sufficiently compensated for by compliance with other standards in this
				chapter.
(c) A Flesch Test score of
				40 or more will not permit approval of a form which does not meet other
				standards in this chapter.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.13 - Filing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Policy
				forms filed for approval should be accompanied by a Flesch readability analysis
				and test score in accord with the procedure set out in Appendix A.
(b) Where policy forms are filed as
				replacements for other forms presently in use, copies of the forms are to
				accompany the filing for comparison.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 64 - PRIVATE PASSENGER AUTOMOBILE POLICY FORMS › Section 64.14 - Approved forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Forms
				presently approved by the Insurance Department for insurance within the scope
				of this chapter are subject to disapproval 1 year after the effective date of
				this section unless they comply with the requirements set forth in this
				chapter.
(b) If presently approved
				forms are believed to be in compliance with the requirements of this chapter,
				insurers may request confirmation from the Insurance Department.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 66 - RESERVED › Section 66.111 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
History. Section 9 of Act 1984, February 12, P. L. 53, No.
					 12, provides as follows: "Savings provision-Notwithstanding the repeal of the
					 act of July 19, 1974 (P. L. 489, No. 176), known as the Pennsylvania No-fault
					 Motor Vehicle Insurance Act (40 P. S. §
												1009.101), the requirement to fund the
					 payment of assigned claims under section 108 of that act remains
					 unaffected.")
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 66 - RESERVED › Section 66.131 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
History. Section 9 of Act 1984, February 12, P. L. 53, No.
					 12, provides as follows: "Savings provision-Notwithstanding the repeal of the
					 act of July 19, 1974 (P. L. 489, No. 176) known as the Pennsylvania No-fault
					 Motor Vehicle Insurance Act (40 P. S. §
												1009.101), the requirement to fund the
					 payment of assigned claims under section 108 of that act remains
					 unaffected.")
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to provide procedures for
					 the establishment and administration of the Fund, which continues the
					 Catastrophic Loss Trust Fund eligibility determinations for certain individuals
					 suffering catastrophic losses on or after October 1, 1984, but prior to June 1,
					 1989, or who may have suffered a catastrophic loss during the December 1988 to
					 December 1989 vehicle registration year for which payment for Catastrophic Loss
					 Trust Fund coverage was made in accordance with former section 1762 of the act
					 (repealed).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-75 Pa.C.S. §§ 1701-1798
					 (relating to the Motor Vehicle Financial Responsibility Law).
Administrator
-The person or entity
					 designated by the Fund to review claims for catastrophic loss benefits,
					 determine the eligibility of the claimant and make payment where
					 appropriate.
Benefits
-Payments by the Fund for
					 reasonable, necessary and accident-related expenses for medical treatment and
					 rehabilitative services which exceed $100,000, subject to limitations provided
					 in sections 1761 and 1766 of the act (now repealed). Reference may be made to
					 sections 1761, 1762 and 1766, in Appendix A.
Claims manager
-The Department employe
					 designated by the Commissioner to manage the daily activities of the
					 Fund.
Department
-The Insurance Department of the
					 Commonwealth.
Eligible claimant
-An individual who meets
					 the requirements of §
										67.16 (relating to eligible
					 claimant for fund benefits).
Fund
-The Catastrophic Loss Benefits
					 Continuation Fund established to provide benefits required by the act.
Surcharge
-The amount to be paid by drivers
					 upon conviction of any traffic violation, exclusive of parking offenses, to
					 fund the Fund.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.3 - Fund financing

Current through Register Vol. 54, No. 28, July 13, 2024
The Fund shall be financed by surcharges for motor vehicle
					 violations pursuant to
					 75 Pa.C.S. §
											6506(a) and
					 (b).
The provisions of this §
												67.3 issued and amended under
						75 Pa.C.S. §§
													1762 and
						1765.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.4 - Claim filing and review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who
				  seeks benefits from the Fund shall file a claim for benefits with the Fund. The
				  Fund will review the claim for benefits and advise the claimant in writing as
				  to whether the claimant is an eligible claimant. The insurer shall assist the
				  insured in filing the claim for benefits.
(b) A claim submitted to the Fund which is
				  erroneously completed or contains inadequate information may be returned to the
				  claimant for correction and resubmission.
(c) The Fund may employ an Administrator to
				  review the claim for benefits and advise the claimant of eligibility.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.5 - Collection of data

Current through Register Vol. 54, No. 28, July 13, 2024
The Administrator and Fund are authorized to obtain from
					 claimants, insurers and self-insurers data or information which is necessary to
					 permit review of claims for Fund benefits.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.6 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A claimant who
				  disputes a determination by the Administrator or Fund concerning eligibility
				  for or allowance of benefits, may file a written complaint with the claims
				  manager. The written determination by the Fund or Administrator shall advise
				  the claimant how to file a complaint with the claims manager. A complaint is
				  timely filed by the claimant if received by the claims manager no later than 33
				  days after the date of the written determination from the Administrator or the
				  Fund denying eligibility for or allowance of benefits.
(b) The claims manager will issue a written
				  determination notifying the claimant of the results of the claims manager's
				  review. If the claimant is not satisfied with the results of the claims
				  manager's review, the claimant may request in writing a formal administrative
				  hearing before the Commissioner. The written determination by the claims
				  manager will advise the claimant how to request a hearing. A request for
				  hearing is timely if received by the Department no later than 33 days after the
				  date of the written determination from the claims manager.
(c) Appeals are conducted in accordance with
				  1 Pa. Code Part II (relating to the General Rules of Administrative Practice
				  and Procedure) as applicable to the Department and in accordance with Chapter
				  56 (relating to special rules of administrative practice and
				  procedure).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.16 - Eligible claimant for Fund benefits

Current through Register Vol. 54, No. 28, July 13, 2024
An individual who has suffered injuries in a motor vehicle
					 accident is an eligible claimant for Fund benefits if the individual meets the
					 following criteria:
(1) The individual
				  was a resident of this Commonwealth at the time of the accident.
(2) The injury arose out of the maintenance
				  or use of a motor vehicle after October 1, 1984, and prior to June 1, 1989, or
				  during the December 1988 to December 1989 vehicle registration year for which
				  payment for Catastrophic Loss Trust Fund coverage was made in accordance with
				  former section 1762 of the act (Repealed).
(3) The auto accident occurred in the United
				  States, its territories or possessions or Canada.
(4) The injured person was not the driver or
				  occupant of a recreational vehicle not intended for highway use, a motorcycle,
				  a motorized pedal cycle, a motor-driven cycle or any vehicle required to be
				  registered under 75 Pa.C.S. (relating to the Vehicle Code) but not subject to
				  the Fund charge.
(5) As a result of
				  the accident, the individual incurred reasonable and necessary medical and
				  rehabilitative expenses exceeding $100,000.
(6) The individual's medical and
				  rehabilitative expenses were not covered by workers' compensation.
(7) The individual's medical and
				  rehabilitative expenses were not covered by a policy issued under the
				  Pennsylvania No-fault Motor Vehicle Insurance Act (repealed).
This section cited in 31 Pa. Code §
												67.2 (relating to
						definitions).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.17 - Extraordinary medical benefits coverage

Current through Register Vol. 54, No. 28, July 13, 2024
An eligible claimant receiving Fund benefits for accidents
					 occurring between June 1, 1989, through December 31, 1989, may also be insured
					 for extraordinary medical benefits coverage. If the Administrator or the Fund
					 determines that extraordinary medical benefits are applicable, the insurer
					 providing these benefits is the primary payor and the Fund has no obligation to
					 pay until the benefits payable by the insurer providing the extraordinary
					 medical benefits have been exhausted. No duplicate recovery is available. The
					 total lifetime aggregate to one eligible claimant under both Extraordinary
					 Medical Benefits coverage and the Fund may not exceed $1 million
					 dollars.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter A - CATASTROPHIC LOSS TRUST FUND › Section 67.18 - Coordination of benefits

Current through Register Vol. 54, No. 28, July 13, 2024
An eligible claimant shall cooperate in providing
					 coordination of benefit information to the Administrator and the
					 Fund.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.21 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to ensure that persons
					 will be able to demonstrate satisfaction of the financial responsibility
					 requirements of the act.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.22 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-75 Pa.C.S. §§ 1701-1798
					 (relating to the Motor Vehicle Financial Responsibility Law).
Department
-The Insurance Department of the
					 Commonwealth.
I.D. Card
-An insurance identification card
					 prescribed by this chapter.
Insurer
-An insurance company, association
					 or exchange providing coverage on motor vehicles under the act.
NAIC company code number
-The unique number
					 which is assigned by the National Association of Insurance Commissioners
					 Central Office to identify that insurer.
Policy
-An insurance policy which provides
					 coverage to satisfy the financial responsibility requirements of the
					 act.
Self-insurance certificate number
-An
					 identification number assigned by the Department of Transportation to a
					 self-insurer.
Self-insurer
-A person or entity designated
					 as an approved self-insurer by the Department of Transportation as set forth in
					 67 Pa. Code §
										223.5 (relating to
					 certificate).
Vehicle
-A motor vehicle of a kind required
					 to be registered under 75 Pa.C.S. (relating to the Vehicle
					 Code).
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.23 - I.D. cards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Insurers.
On or after October 1, 1984, at the inception or
				  renewal of a policy, the insurer shall issue to each named insured one I. D.
				  card as specified in this subchapter for each vehicle which it insures. Upon
				  the addition or substitution of a vehicle covered in the policy, the insurer
				  shall issue an I. D. card for that vehicle. Replacement of I. D. cards for the
				  purpose of change of address shall be optional at the discretion of the
				  insurer.
(b)
Self-insurers.
On or after October 1, 1984, the self-insurer
				  shall issue an I. D. card as specified in this subchapter for each vehicle for
				  which satisfaction of the requirements of the act is accomplished through
				  self-insurance. Upon the addition or substitution of a vehicle, the
				  self-insurer shall issue an I. D. card for that vehicle. Replacement of I. D.
				  cards for the purpose of change of address shall be optional at the discretion
				  of the self-insurer.
(c)
Evidence.
The I. D. cards shall serve as evidence of financial
				  responsibility.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.24 - Form and content of I. D. cards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form of financial responsibility cards.
The insurer and
				  self-insurer may in their discretion choose to satisfy the requirements of this
				  subchapter by continuing to use the existing no-fault identification card until
				  January 1, 1985. After January 1, 1985, the insurer and self-insurer shall use
				  a new card containing information required in this section or another card as
				  may be approved by the Department.
(b)
Contents.
Each I. D.
				  card shall contain the following information on the front of the card:
(1) Title of card, "Financial Responsibility
				  Identification Card".
(2) NAIC
				  company code number of the insurer or self-insurance certificate
				  number.
(3) Name of the insurer or
				  self-insurer.
(4) Name and address
				  of the named insured or motor vehicle registrant where the vehicle is
				  self-insured.
(5) Description of
				  vehicle: year, make, and vehicle identification number (VIN). The model of the
				  vehicle may be used as the make. All digits of the vehicle identification
				  number shall appear on the I. D. card.
(6) Policy number where applicable.
(7) Effective date: month, day, and year of
				  the policy must be shown.
(8) The
				  following inscription below the effective date: NOT VALID MORE THAN 1 YEAR FROM
				  EFFECTIVE DATE.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.25 - Instructions accompanying I. D. cards

Current through Register Vol. 54, No. 28, July 13, 2024
At the time the insurer issues an I. D. card to a
					 policyholder, it shall also issue a statement explaining I. D. card
					 requirements, including display to law enforcement officers, use for
					 registering vehicles, and action that must be taken in the event a card is lost
					 or a card is in error. The following language will be acceptable to the
					 Department in satisfaction of this requirement:
IMPORTANT NOTICE Regarding your Financial Responsibility
					 Insurance Identification Card.
The ____________ Insurance Company is required by
					 Pennsylvania law to send you an I. D. card. The card shows that an insurance
					 policy has been issued for the vehicle(s) described satisfying the financial
					 responsibility requirements of the law.
If you lose the card, contact your insurance company or
					 agent for a replacement.
The I. D. card information may be used for vehicle
					 registration and replacing license plates. If your liability insurance policy
					 is not in effect, the I. D. card is no longer valid.
You are required to maintain financial responsibility on
					 your vehicle. It is against Pennsylvania law to use the I. D. card fraudulently
					 such as using the card as proof of financial responsibility after the insurance
					 policy is terminated.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.26 - I. D. cards issued to fleets, dealers, transporters; and temporary registrations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When a policyholder or self-insurer has five or more vehicles registered in
				  this Commonwealth, the insurer or self-insurer may use the statement "all owned
				  vehicles" or "all owned and leased vehicles" instead of a specific vehicle
				  description on each I. D. card. However, each vehicle must have an I. D. card
				  for it.
(b) An I. D. card issued to
				  a dealer may show either "garage liability hazard number 1 policy" or "all
				  owned and nonowned vehicles-comprehensive auto liability policy" instead of a
				  specific vehicle description. One I. D. card must be issued for each set of
				  dealer plates assigned to the dealer and insured under such a policy. An I. D.
				  card issued to a dealer cannot be used to register a specific vehicle. An I. D.
				  card must be placed in each vehicle while it is being driven under the dealer's
				  policy with the dealer's plate.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.27 - Binder

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
				  receiving an I. D. card from an insurer, a copy of a valid binder which
				  contains the information required in §
										67.24(b)(1)-(7)
				  (relating to form and content of I. D. cards) excluding the policy number can
				  be used as evidence of financial responsibility.
(b) Prior to receiving an I. D. card from an
				  assigned company of the Pennsylvania Automobile Insurance Plan (Plan), a copy
				  of an application to the Plan can be used in place of an I. D. card, if the
				  application contains the information required in §
										67.24(b)(1)-(7)
				  excluding the policy number and is signed by a licensed insurance agent or
				  broker.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter B - EVIDENCE OF FINANCIAL RESPONSIBILITY › Section 67.28 - Other evidence of financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
Where the I. D. card is not held sufficient by the court,
					 the Department of Transportation or other law enforcement agency to demonstrate
					 financial responsibility, an insurer shall provide in writing other evidence
					 that the policyholder is financially responsible.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter C - SURCHARGE DISCLOSURE PLAN › Section 67.31 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to establish guidelines
					 for the assessment of premium surcharges and the form and content of surcharge
					 disclosure plans under the act.
Pennsylvania Code › Title 31 - INSURANCE › Part II - Automobile Insurance › Chapter 67 - CATASTROPHIC LOSS BENEFITS CONTINUATION FUND › Subchapter C - SURCHARGE DISCLOSURE PLAN › Section 67.32 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-75 Pa.C.S. §§ 1701-1798
					 (relating to the Motor Vehicle Financial Responsibility Law).
Department
-The Insurance Department of the
					 Commonwealth.
Insured
-Named insured and the following
					 persons if residing in the household of the named insured: A spouse of the
					 named insured, a relative of the named insured, and a minor in the custody of
					 the named insured or the spouse or relative of the named insured.
Insurer
-An insurance company, association,
					 or exchange providing coverage on motor vehicles under the act.
Named insured
-A person or entity
					 identified by name as an insured in a policy.
Policy
-An insurance policy which provides
					 coverage to satisfy the financial responsibility requirements of the
					 act.
Prospective insured
-A person or entity
					 applying for insurance coverage on a motor vehicle under the
					 act.