reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.6 - Procedure and Deadlines

Current through June 14, 2024
A. Prior to May 1
				  of each calendar year, the Department will publish on its website a list of
				  those insurers that meet the applicability requirement.
B. Each insurer to which this Regulation
				  applies shall, prior to June 1 of each calendar year, send a questionnaire
				  substantially in the form included hereto as §
										10.10   of this Part to Full
				  Collision Repair Auto Body Facilities. Separate and distinct questionnaires
				  shall be sent to each classification of auto body repair facilities as
				  designated by the Commercial Licensing division of the Department.
C. Concurrent with the posting of a list of
				  insurers required to conduct a survey, the Department's Commercial Licensing
				  Division will provide a list of Full Collision Repair Auto Body Facilities with
				  identification of Classification A and B shops which insurers must survey for
				  that years' compliance. The list will be posted on the Department's
				  website.
D. Insurers will omit
				  those Full Collision Repair Auto Body Facilities with whom the insurer or
				  Insurance Group, if reporting on a group basis, has a formal agreement and/or
				  written contract to pay contract rates in order to provide auto body repair
				  services.
E. Insurers will send the
				  questionnaire to all of the Full Collision Repair Auto Body Facilities that
				  remain after deletion of those facilities indicated in §
										10.6(D)   of this
				  Part above.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.7 - Report of Labor Rate Survey to the Department

Current through June 14, 2024
A. The
				  report must be filed no later than September 1 of each calendar year.
B. The Report of the Labor Rate Survey must
				  include the following:
1. A list, including
				  the name and address, of all Full Collision Repair Auto Body Facilities to
				  which the labor rate survey was sent.
2. A list of the Full Collision Repair Auto
				  Body Facilities that failed to respond to the questionnaire within the time
				  specified by the insurer.
3. A list
				  of questionnaires that were not taken into consideration by the insurer in its
				  analysis of the survey, including the reason that each such questionnaire was
				  rejected for consideration.
4.
				  Results of the questionnaires considered by the insurer.
5. The total number of shops surveyed for
				  each classification of shops.
6. A
				  description of the formula or manner in which the insurer has calculated or
				  determined the prevailing labor rate which it pays to auto body repair
				  facilities including certification of compliance with R.I. Gen. Laws §
											27-29-4.4 and this Part.
7. The separate prevailing labor rate(s)
				  established by the insurer for each classification of full collision licensed
				  auto body repair facilitates.
8. If
				  the calculation or formula indicated in §
											10.7(B)(6)   of this Part above is
				  not based on the results of the questionnaires identified in §
											10.7(B)(4)
				    of this Part above, a complete explanation as to why it is not so
				  based.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.8 - Questionnaire

Current through June 14, 2024
A. Each insurer to which this Regulation
				  applies shall utilize a survey based on the questionnaire included hereto as
				  §
										10.10   of this Part. Insurers may customize the questionnaire with
				  formatting; however, the substance must be in accordance with §
										10.10   of
				  this Part.
B. Insurers shall
				  specify a date upon which the questionnaire must be returned to the insurer.
				  The date specified must grant at least thirty (30) days notice for
				  response.
C. Insurers may allow
				  Full Collision Repair Auto Body Facilities to respond electronically (e.g. by
				  email); however, insurers must allow response by hard copy if the Full
				  Collision Repair Auto Body Facility does not consent to electronic
				  submission.
D. Insurers may reject
				  any questionnaire that is not properly completed or does not provide the full
				  information requested and are not required to provide notification to the Full
				  Collision Auto Body Facility. Insurers shall keep detailed records for such
				  rejection to allow audit by the Department. Insurers may be ordered by the
				  Department to consider any questionnaire so "rejected" to be accepted if the
				  Department finds that enough information has been provided to allow for
				  consideration of the questionnaire. All questionnaires and all other
				  information regarding the survey shall be maintained by the insurer for a
				  minimum of five years.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.9 - Severability

Current through June 14, 2024
If any provision of this Regulation or the application
					 thereof to any person or circumstances is held invalid or unconstitutional, the
					 invalidity or unconstitutionality shall not affect other provisions or
					 applications of this Regulation which can be given effect without the invalid
					 or unconstitutional provision or application, and to this end the provisions of
					 this Regulation are severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.1 - Authority

Current through June 14, 2024
This Regulation is promulgated in accordance with R.I. Gen.
					 Laws §§
										27-33-11 and
					 42-14-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.2 - Purpose

Current through June 14, 2024
A. The purpose of this Regulation is to
				  implement the Basic Property Insurance Inspection and Placement Program
				  (hereinafter "this Program") as follows:
1.
				  To make Basic Property Insurance available to qualified applicants who have
				  been unable to secure such insurance in the normal market, subject to the
				  conditions hereinafter stated.
2.
				  To mandate the participation of all domestic Insurers and all Insurers licensed
				  to write those classes of insurance listed in R.I. Gen. Laws §§
											27-8-1 and
				  27-8-3 in the State of Rhode
				  Island and to equitably apportion and distribute the writings, expenses,
				  profits, if any, and losses of this Program among Insurers licensed to write
				  Basic Property Insurance, as defined herein, in this State.
3. To encourage the improvement of properties
				  located in urban areas and to further orderly community development.
4. To make public the purposes and procedures
				  of this Program.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.3 - Definitions

Current through June 14, 2024
A. "Basic Property Insurance" means, in
				  addition to any and all coverages specifically enumerated in R.I. Gen. Laws
				  §
										27-33-10, insurance against direct
				  loss to property as defined and limited in standard fire policies in:
1. Extended coverage;
2. Vandalism and malicious mischief;
3. Broad and special form dwelling
				  coverage commonly referred to as DP-2 and DP-3;
4. Sprinkler leakage endorsements thereon;
5. Homeowners package coverage on
				  owner-occupied habitational risks for one to four families, and for homeowners
				  tenants forms;
6. The liability
				  coverages for one to four family owner and non-owner occupied dwellings, either
				  as a personal liability endorsement to a dwelling property policy or as a
				  "stand alone" dwelling liability policy; and
7. Lead liability insurance for any pre-1978
				  residential rental property, either by endorsement to a homeowners or dwelling
				  liability policy or as a "stand alone" lead poisoning liability insurance
				  policy. It shall not include automobile or farm risks, with the exception of
				  lead liability coverage as a "stand alone" policy for farmowners'
				  dwellings.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.4 - Inspections and Reports

Current through June 14, 2024
A. Any applicant
				  may submit to the Association directly or through a licensed Producer
				  designated by the applicant a completed application for a property inspection
				  and insurance coverage or for immediate certification insurance coverage on a
				  form prescribed by the Association, specifying the requested effective date for
				  such coverage.
B. The Association
				  shall have the right to inspect any property, on which immediate coverage is
				  not requested, before accepting or declining coverage, provided that the
				  Association may decline coverage if the application discloses that the property
				  or applicant fails to meet the underwriting standards and other requirements of
				  this Program, as set forth in this Regulation, without the need for an
				  inspection.
1. The inspection shall be
				  scheduled promptly and shall cover the construction, maintenance, materials and
				  occupancy characteristics of the property and any other conditions, which
				  increase the risk of loss or render it uninsurable. Photographs may be taken
				  during the inspection to document observable conditions.
2. Except as provided in this Part, when the
				  inspection is completed the Association shall accept or reject the application.
				  If the application is rejected, the Association shall notify the applicant and
				  Producer in writing of its reasons and shall provide to the applicant and
				  Producer a copy of the Inspection Report, without charge, upon request. If the
				  application is conditionally declined, the Association shall also give the
				  applicant an opportunity to correct any physical conditions indicated on the
				  written notification before making the declination final.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.5 - Provisional Binders

Current through June 14, 2024
A. To prevent
				  lapses of insurance coverage for risks eligible under this Program before
				  coverage has been made available or declined, a provisional binder affording
				  the insurance requested, subject to all provisions of this Program, including
				  but not limited to a subsequent inspection of the property and compliance with
				  the underwriting standards and other Program requirements, will be
				  automatically issued if:
1. Through no fault
				  of the applicant, coverage has not been either offered or denied within twenty
				  (20) calendar days after the date the request for inspection was received by
				  the Association; and
2. The
				  applicant, at the time of requesting the inspection or at any time prior to the
				  receipt of a written statement indicating that the property is uninsurable,
				  pays the estimated annual premium or deposit premium.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.6 - Limits of Coverage and Deductibles

Current through June 14, 2024
A. Limits of
				  coverage shall be established in rules adopted by the Governing Committee
				  subject to approval by the Commissioner.
B. Standard and percentage deductibles,
				  percentage participation clauses, and other underwriting devices may be imposed
				  by the Association on any commercial, or non-owner occupied residential risk to
				  meet special problems of insurability. In addition, the Association may require
				  large or special deductibles on a "consent to rate basis" subject to approval
				  by the Commissioner.
C. The
				  Association may impose deductibles on all other risks only if there has been
				  excessive loss frequency and the applicant has failed to take reasonable steps
				  to correct any situation which has given rise to past losses. The deductibles
				  used by the Association will either be those approved by the Commissioner for
				  use by all insurers or those specifically approved by the Commissioner for the
				  Association. The Association may impose other deductibles with the approval of
				  the Commissioner.
D. No applicant
				  shall be eligible to obtain lead liability limits in excess of the amount of
				  the applicant's general liability limits, subject to the further restriction
				  that an applicant may not obtain lead liability coverage above the maximum
				  limits established by the Governing Committee and approved by the Commissioner.
				  Additionally, an applicant who does not produce valid and in force Prima Facie
				  Evidence of Compliance issued pursuant to R.I. Gen. Laws §
										42-128.1-9 may obtain less lead
				  liability coverage than the amount of insurance offered by the Association,
				  provided however that such an applicant shall not be entitled to an amount of
				  insurance that is less than the minimum limits offered by the
				  Association.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.7 - Policy Issuance/Declination

Current through June 14, 2024
A. Upon approval by
				  the Association of an application for coverage, or renewal of coverage, and
				  upon receipt by the Association of the full amount of the required premium, (or
				  if the applicant chooses an approved installment payment plan, the full amount
				  of the deposit premium) in cash, or by personal check, certified check, bank
				  check, money order, postal money order, or the check of a licensed lending
				  institution, the Association shall issue a policy in accordance with
				  §
										11.10   of this Part.
B.
				  Applications for coverage shall be declined where the property fails to meet
				  reasonable underwriting standards of the Association as set forth in §
										11.8    of this Part below or other requirements of the Association or this
				  Program.
C. In the event of
				  declination, the applicant shall be furnished a written statement of the
				  conditions which make the property uninsurable and the measures, if any, which
				  if taken would make the property insurable, or a written statement of any other
				  reasons for declination. The applicant shall also be informed of his or her
				  right to appeal such determination by the Association and be advised of the
				  means whereby such an appeal may be initiated in accordance with §
										11.13   of
				  this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.9 - Participation of Member Companies

Current through June 14, 2024
A. The Association
				  may purchase reinsurance including catastrophic coverage.
B. Each Insurer shall participate in the
				  writings, expenses, profits, if any, and losses of the Association in the same
				  proportion as its Premiums Written bear to the aggregate Premiums Written by
				  all Insurers in this Program.
C.
				  The Governing Committee, acting on behalf of the Association, shall be
				  authorized to make a preliminary assessment upon all Insurers and such further
				  assessments as may be deemed necessary, with respect to any policy
				  year.
D. The Association shall
				  distribute to the Commissioner and to each insurer its calculation of the
				  insurer's participation ratio for each policy year. The insurer shall notify
				  the Association in writing within thirty (30) days from the date of mailing by
				  the Association of any objection it may have to such calculation. If the
				  Association does not receive any objection within such thirty (30) day period,
				  the calculation shall be binding upon the insurer. Until the Association has
				  received the necessary data to calculate a participation ratio for any year, it
				  may use the participation ratio calculated for the prior policy year on a
				  provisional basis, but shall adjust any assessments made on the basis of such
				  provisional ratios when final participation ratios for the year are
				  calculated.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.10 - Authority to Issue Policies on Behalf of Members

Current through June 14, 2024
A. The
				  Association shall be authorized:
1. To issue
				  policies or certificates of insurance in the name of the Association for risks
				  found insurable by the Association under this Program;
2. To provide for the investigation and
				  adjustment of claims, defense of policyholders, payment of losses and all such
				  other functions as are usual in servicing the insured under such policies; and
3. To otherwise incur expenses
				  consistent with the goals of this Program and the interests of the Association,
				  its members, and its insureds.
4.
				  Each insurer irrevocably designates the Association as its agent in carrying
				  out such functions.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.11 - Rates and Forms

Current through June 14, 2024
A. All policies
				  shall be for Basic Property Insurance on standard policy forms and shall be
				  issued for a term of one year.
B.
				  The Association shall use such forms and rules consistent with this Program, as
				  may be filed by or on its behalf and approved by the Commissioner.
C. Premiums for policies shall be calculated
				  in accordance with classifications, rates and rating plans filed by or on
				  behalf of the Association and approved by the Commissioner. The Commissioner
				  shall approve rates filed by the Association based upon the standard that the
				  rates shall not be excessive, inadequate or unfairly discriminatory, giving due
				  consideration to the past and prospective loss and expense experience for Basic
				  Property Insurance, written in this state, trends in the frequency and severity
				  of losses, the investment income of the FAIR Plan and such other information as
				  the Commissioner may require. All rates shall be calculated to be
				  self-supporting consistent with sound actuarial principles. Rates for Basic
				  Property Insurance shall be approved by the Commissioner, notwithstanding any
				  limits on rate approval authority. Nothing in this Part shall be deemed to
				  affect the duty of licensed insurers in the State of Rhode Island to
				  participate, as needed, on a direct basis, in this Program pursuant to R.I.
				  Gen. Laws §§
										27-33-2 and
				  27-33-11 and any rules and
				  regulations promulgated thereunder, and to pay their proportionate share of
				  losses and expenses incurred by this Program upon assessment by the Program.
				  The cost of any rate filing subject to a public hearing shall be borne by the
				  Association and its insurers based upon their proportional share of premiums
				  written unless otherwise ordered by the Commissioner.
D. In addition to the above, rates for lead
				  poisoning liability coverage shall also be subject to the standards set forth
				  in R.I. Gen. Laws §
										42-128.1-9(e).
E. Return premium on all policies shall be
				  calculated on a pro-rata basis, effective as of the date of cancellation of the
				  policy.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.13 - Right of Appeal

Current through June 14, 2024
A. Any applicant
				  for insurance and any person insured under this Program may appeal to the
				  Governing Committee within fifteen (15) days after mailing of notice of any
				  final underwriting ruling, action, or decision of the Association. The
				  Governing Committee shall issue its decision without undue delay. Any decision
				  of the Committee may be further appealed to the Commissioner within thirty (30)
				  days. Orders of the Commissioner shall be subject to judicial review pursuant
				  to R.I. Gen. Laws §
										42-35-15.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.14 - Commissions

Current through June 14, 2024
A. Commissions to the licensed Producer
				  designated by the applicant shall be set by the Governing Committee with
				  approval of the Commissioner.
B. In
				  the event of cancellation of a policy, or if an endorsement is issued which
				  requires premium to be returned to the insured, the Producer shall refund
				  ratably to the Association commissions on the unearned portion of canceled
				  liability and on reductions in premiums at the same rate at which such
				  commissions were originally paid.
C. All Insurers shall solicit the cooperation
				  of their agents with this Program and no Producer shall be penalized for
				  submitting risks to the Association.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.15 - Coding and Reports

Current through June 14, 2024
A. Business written
				  pursuant to this Program shall be regarded as a separate kind or class of
				  business for statistical purposes and shall be separately coded.
B. The Association shall submit periodic
				  reports to the Commissioner, as the Commissioner may request, setting forth the
				  number of requests for inspection, the number of risks inspected, and the
				  results of inspections by the Association together with such other information
				  as the Commissioner may request.
C.
				  The Association shall submit annual reports to the Commissioner in accordance
				  with and setting forth the information required under §
										20-05-9.9   of this
				  Title.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.16 - Administration

Current through June 14, 2024
A. This Program shall be administered by a
				  Governing Committee (hereinafter referred to as the Committee), subject to the
				  supervision of the Commissioner.
B.
				  The Governing Committee shall consist of eighteen (18) members. Ten members of
				  the Committee shall be Insurers, at least two (2) of which shall be domestic
				  Insurers. These members shall be elected annually by cumulative voting of the
				  Insurers of the Association whose votes shall be weighed in accordance with the
				  proportion that each Insurer's Premiums Written in the state during the most
				  recent calendar year for which data is available bears to the aggregate
				  premiums written by all Insurers in this Program. Not more than one (1) Insurer
				  in a group under the same management or ownership shall serve on the Committee
				  at the same time. Six (6) members of the Governing Committee shall be
				  individuals who are not employed by or otherwise affiliated with Insurers,
				  Producers or other entities of the insurance industry. These members shall be
				  appointed annually by the Chair of the Committee. The Committee shall also
				  include two (2) members who shall be licensed resident fire and casualty
				  Producers in the State of Rhode Island. Both of the aforementioned licensed
				  fire and casualty Producers shall be appointed by the Independent Insurance
				  Agents of Rhode Island.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.17 - Annual and Special Meetings

Current through June 14, 2024
A. Meetings -- The
				  annual meeting of the Insurers for the election of the Committee and such other
				  business as may be necessary shall be held in the State of Rhode Island on a
				  date fixed by the Governing Committee. At any regular or special meeting at
				  which the vote of the Insurers is or may be required on any proposal, voting
				  may be in person or by proxy. Voting at regular or special meetings, or any
				  vote of the Insurers which may be taken by mail, shall be cast and counted on a
				  weighted basis in the same proportion as each Insurer's Premiums Written bear
				  to the aggregate Premiums Written by all Insurers in this Program. Notice of
				  meetings of the Insurers shall be given by the Secretary and shall state the
				  time, date and place and the principal purposes thereof. Such notice may be
				  given to the Insurers by electronic mail or any other reasonable widely used
				  electronic format or by regular US Postal mail.
B. As soon as practicable after election to
				  membership on the Committee, and thereafter from time to time as it may elect,
				  an Insurer shall designate a qualified representative and an alternate of such
				  representative to serve for it and shall immediately notify in writing the
				  Manager of the Association of such designation.
C. Officers -- The Committee shall elect a
				  Chair, Vice Chair, Secretary, Treasurer, and Manager.
1. The Chair shall preside over all meetings
				  of this Committee and at all meetings of the Insurers which are Members of the
				  Rhode Island Joint Reinsurance Association. The Chair shall discharge such
				  other duties as may be incidental to his office or as shall be required by
				  these rules or by the Committee.
2.
				  The Vice Chair shall preside at any meeting of the Committee in the absence of
				  the Chair. In the event of death, incapacity, or disability of the Chair, the
				  Vice Chair shall perform the duties of the Chair until such office has been
				  filled by the Committee.
3. The
				  Secretary shall issue all notices of meetings, record minutes of all meetings,
				  keep the records of the Committee, and discharge such other duties as may be
				  incidental to the office or as shall be required by these rules or by the
				  Committee.
4. The Treasurer shall
				  discharge such duties as may be incidental to the office or as shall be
				  required by these rules or by the Committee.
5. The Manager shall discharge such duties as
				  may be incidental to the office or as shall be required by these rules or by
				  the Committee.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.18 - Duties of the Committee

Current through June 14, 2024
A. The Committee
				  shall meet as often as may be required to perform the general duties of the
				  administration of the Association. Ten (10) members of the Committee shall
				  constitute a quorum.
B. The
				  Committee shall be empowered: to appoint or otherwise contract for the services
				  of a Manager; to budget expenses; to levy assessments including preliminary
				  assessments provided herein, or necessary or incidental to the administration
				  of this Program.
C. Annually the
				  Manager shall prepare an operating budget which shall be subject to approval of
				  the Committee.
D. The Committee
				  shall furnish to all Insurers and to the Commissioner a written report of
				  operations annually in such form and detail as the Committee may
				  determine.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.19 - Installment Payment Plan

Current through June 14, 2024
The Association may offer applicants, on a
					 nondiscriminatory basis, the option to pay premiums on an installment payment
					 plan, consistent with plans offered to insureds in the voluntary market, as
					 approved by the Commissioner.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.20 - Public Education

Current through June 14, 2024
The Association, on behalf of all Insurers shall undertake
					 a continuing public education program, in cooperation with the Producers, to
					 assure that this Program receives adequate public attention.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.21 - Termination of the Program

Current through June 14, 2024
This Program shall not be terminated without a two-thirds
					 vote of the majority of the entire membership and the written consent of the
					 Commissioner, and only after repeal of R.I. Gen. Laws §
										27-33-1 et seq. by the Rhode
					 Island General Assembly. Any obligations insured by the Association shall not
					 be impaired by the expiration of this Program and the Association shall be
					 continued for the purpose of performing its obligations to administer this
					 Program. Any vote to terminate this Program shall specify an effective date on
					 which the Association shall cease writing policies, but the Association shall
					 continue in existence for as long as the Governing Committee shall determine
					 necessary in order to settle claims, carry out its obligations to policyholders
					 and wind up its affairs. The termination of the existence of the Association
					 shall not relieve the Members of their obligations to the Association or among
					 themselves, but such obligations shall continue until the affairs of the
					 Association are finally wound up and all funds are distributed and assessments
					 paid.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 11 - Basic Property Insurance Inspection and Placement Program (230-RICR-20-05-11) › Section 230-RICR-20-05-11.22 - Severability

Current through June 14, 2024
If any provision of this Regulation or the application
					 thereof to any person or circumstances is held invalid or unconstitutional, the
					 invalidity or unconstitutionality shall not affect other provisions or
					 applications of this Regulation which can be given effect without the invalid
					 or unconstitutional provision or application, and to this end the provisions of
					 this Regulation are severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 12 - Municipal Liens on Fire Insurance Proceeds › Section 230-RICR-20-05-12.1 - Purpose and Authority

Current through June 14, 2024
The purpose of this Part is to implement R.I. Gen. Laws
					 Chapter 45-47 entitled "Municipal Liens on Fire Insurance Proceeds". Pursuant
					 to the authority granted in R.I. Gen. Laws §§
										45-47-2 and
					 45-47-10, this Part is hereby
					 promulgated.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 12 - Municipal Liens on Fire Insurance Proceeds › Section 230-RICR-20-05-12.2 - Lien Created

Current through June 14, 2024
A. R.I. Gen. Laws
				  §
										45-47-1 creates a lien in favor of
				  any taking jurisdiction in this state on the proceeds of any insurance policy
				  based upon a claim made for damage or loss to a building or other structure
				  caused by or arising out of any fire or explosion.
B. The lien arises upon any unpaid tax,
				  special ad valorem levy, special assessment, or other charge imposed upon real
				  property by or on behalf of the state, a municipal corporation, or a special
				  district which is an encumbrance on real property, whether or not evidenced by
				  written instrument, that has remained undischarged for at least one year prior
				  to the filing of a proof of loss.
C. A lien also arises as a result of any
				  costs incurred by a municipal corporation to secure, demolish, or render an
				  unsafe building or structure or part of the structure safe, in accordance with
				  R.I. Gen. Laws Chapter 23-27.3.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 12 - Municipal Liens on Fire Insurance Proceeds › Section 230-RICR-20-05-12.3 - Applicability

Current through June 14, 2024
A. Pursuant to R.I. Gen. Laws §
										45-47-6, the Municipal Liens on
				  Fire Insurance Proceeds law is applicable to claims arising on all property,
				  including residential, commercial, or industrial buildings or structures,
				  regardless of the occupancy status at the time of the fire or explosion loss;
				  provided, that this chapter does not apply to owner-occupied one-to four-family
				  dwellings
B. All policies issued
				  after January 1, 1983, are required to include a summary of the municipal liens
				  on fire insurance proceeds law.
C.
				  In the event of a claim for ten thousand dollars ($10,000) or more, the insurer
				  shall provide the claimsperson with copies of the certificate of municipal
				  liens.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 12 - Municipal Liens on Fire Insurance Proceeds › Section 230-RICR-20-05-12.4 - Taxing Jurisdictions

Current through June 14, 2024
It is the responsibility of the insurance company, its
					 representatives, and the insured to ascertain the proper taxing authorities for
					 the location of the loss.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 12 - Municipal Liens on Fire Insurance Proceeds › Section 230-RICR-20-05-12.5 - Escrow Accounts

Current through June 14, 2024
For the purpose of the implementation of this statute, all
					 escrow accounts subject to the jurisdiction of the Municipal Liens on Fire
					 Insurance Proceeds law shall be segregated by loss, and the insured and the
					 taxing jurisdiction shall be notified of the creation of the escrow account by
					 the insurance carrier.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 12 - Municipal Liens on Fire Insurance Proceeds › Section 230-RICR-20-05-12.6 - Certificate from Taxing Jurisdiction

Current through June 14, 2024
A. The Certificate
				  obtained by the insurance company from the taxing jurisdiction must provide the
				  following information:
1. A complete
				  description of the subject property
2. The name of the owner(s) of the property
				  and the
3. A listing of all taxes
				  that have remained undischarged for at least one year applicable to the subject
				  property or a statement that no lien, as defined in R.I. Gen. Laws §
											45-47-1, in favor of the taxing
				  jurisdiction exists.
4. The
				  following statement signed under penalty of perjury by an authorized
				  representative of the taxing authority:
a.
				  "It is hereby certified from available information that all taxes and
				  assessments, as defined in R.I. Gen. Laws §
												45-47-1, which have remained
				  undischarged for at least one year from the date of the filing of the proof of
				  loss, are listed above."
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 13 - Property Insurance and Weather Related Claims (230-RICR-20-05-13) › Section 230-RICR-20-05-13.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with R.I. Gen. Laws
					 §§
										27   - 76-1 et seq., 27-29-4(7) and 27-29-4.1.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 13 - Property Insurance and Weather Related Claims (230-RICR-20-05-13) › Section 230-RICR-20-05-13.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to implement R.I. Gen. Laws
					 §
										27-76-1 et seq. Other than the
					 provisions of §
										13.12   of this Part, this Part applies to residential
					 property insurance policies insuring dwelling houses issued or renewed in Rhode
					 Island. Other than the provisions of §
										13.12   of this Part, this Part is not
					 applicable to commercial insurance policies. The provisions of §
										13.12   of
					 this Part apply to all insurance policies issued to Rhode Island residents
					 regardless of the line of insurance.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 13 - Property Insurance and Weather Related Claims (230-RICR-20-05-13) › Section 230-RICR-20-05-13.3 - Definitions

Current through June 14, 2024
A. As used in this Part:
1. "Deductible" means a policy provision that
				  requires the insured to be responsible for a specific amount or percentage of a
				  loss or the percentage of insured value on the policy and the insurer to pay
				  covered losses in excess of that amount.
2. "Department" means the Insurance Division
				  of the Department of Business Regulation.
3. "Hurricane" means a weather-related event
				  for which the National Weather Service has issued a hurricane warning for the
				  applicable part of Rhode Island as indicated in §
											13.4(F)   of this Part.
4. "Hurricane Deductible" means a
				  Deductible applicable to an event which is a Hurricane. This term does not
				  include traditional all perils deductibles.
5. "National Weather Service" means the
				  weather information service, of which the National Hurricane Center is a part,
				  that is a line office of the National Oceanic and Atmospheric Administration
				  (NOAA).
6. "Residential property
				  insurance" means a personal lines insurance policy providing coverage to a
				  domicile.
7. "Rhode Island Building
				  Code" means "RISBC-  2   R hode Island State One and Two Family Dwelling".
8. "Windstorm deductible" means a
				  deductible applicable to an event involving damage to property as a result of
				  wind which is not a Hurricane. This term does not include traditional all
				  perils deductibles.
9. "Written"
				  means a writing or electronic communication in accordance with R.I. Gen. Laws
				  §
											42-127.1-1 et seq.
10. "Zone" means the Wind Zone pursuant to
				  "RISBC-  2   R hode Island State One and Two Family Dwelling", as indicated on the
				  attached maps, in which the property is located.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 13 - Property Insurance and Weather Related Claims (230-RICR-20-05-13) › Section 230-RICR-20-05-13.4 - Deductibles

Current through June 14, 2024
A. Insurers are not required to include a
				  deductible in residential property insurance policies. If a Hurricane
				  Deductible is not included in the policy or is not applicable to a particular
				  loss the policy may provide for application of a policy deductible. If an
				  insurer chooses to include a deductible relating specifically to weather
				  related events, the insurer must comport with the following:
1. Windstorm deductibles may not be included
				  in residential property insurance policies.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 13 - Property Insurance and Weather Related Claims (230-RICR-20-05-13) › Section 230-RICR-20-05-13.5 - Notice of Hurricane Deductibles

Current through June 14, 2024
A. Insurers are
				  required to provide clear and prominent notice of all hurricane deductibles.
				  Notices of hurricane deductibles must comply with the provisions of this Part
				  as well as the provisions of Part 14 of this Subchapter.
1. The notice shall be included in the policy
				  issuance or renewal package or by a separate mailing sent at the time of policy
				  issuance or renewal.
2. The notice
				  shall clearly and fully disclose all details pertaining to all hurricane
				  deductibles.
a. While the information
				  provided will vary depending upon the specifics of the deductible, at a minimum
				  the insurer must explain how the deductible will be applied (e.g. applied as a
				  percentage of loss or as a percentage of Coverage A) and the details regarding
				  the trigger of the deductible regardless of whether it is stated as a
				  percentage or otherwise.
b. The
				  purpose of the notice is to assure that the insured will have all information
				  necessary to make an informed decision concerning the coverage, exclusions and
				  deductibles in the policy.
c.
				  Insurers are strongly encouraged to include the actual dollar amount of the
				  deductible on the notice. If the insurer is unable to do so, the notice must
				  specify that the actual dollar amount is included on the declarations
				  page.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 13 - Property Insurance and Weather Related Claims (230-RICR-20-05-13) › Section 230-RICR-20-05-13.6 - Mitigation Measures

Current through June 14, 2024
A. For purposes of
				  the application of R.I. Gen. Laws §§
										27-76-2(c)(4) and
				  (e) the mitigation measures approved by the
				  Commissioner are:
1. With regard to
				  properties within Rhode Island Building Code ("SBC2") Zone 1:
a. Insurers may not require any mitigation
				  measures, however, if an insured voluntarily implements any of the mitigation
				  measures allowed for Zones 2 and 3 the insurer shall waive the hurricane
				  deductible.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 13 - Property Insurance and Weather Related Claims (230-RICR-20-05-13) › Section 230-RICR-20-05-13.7 - Waiver of Deductible

Current through June 14, 2024
A. If the insured
				  installs the mitigation measures set forth in §
										13.6   of this Part, the
				  policy must provide that upon installation and use of such mitigation measure,
				  subject to inspection by the i nsurer and/or submission of satisfactory proof
				  of installation, the hurricane deductible applicable to the policy shall be
				  waived.
B. If the insurer has
				  reserved its rights to inspection or receive proof of installation, upon
				  successful completion of that process the insurer may issue a new policy or
				  modify its existing policy in accordance with statute and regulation to provide
				  for waiver of the hurricane deductible.
C. An insured may elect in writing to decline
				  the waiver of deductible, despite meeting the mitigation requirements
				  delineated herein, in order to accept a lower policy premium. The writing
				  should indicate the deductible to be applied and the difference in premium.
D. Insurers are required to
				  provide clear and prominent notice of mitigation requirements and any change in
				  mitigation requirements is considered a material change and is subject to Part
				  14 of this Subchapter.
E. If the
				  insurer requires the installation of any of the mitigation measures delineated
				  in §
										13.6   of this Part, the insurer shall provide the following information
				  to the insured in writing:
1. Explain the
				  mitigation measure(s) which the insurer is requiring be installed.
2. Describe the credit to be applied to the
				  premium (stated in terms of dollars) if the mitigation measure(s) is installed
				  and used by the insured.
3.
				  Affirmatively state the length of time during which the credit given for the
				  mitigation measure(s) will apply.
4. That the insurer will not non-renew the
				  insured as a result of a risk associated with a catastrophic loss.