reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.9 - Refund Formulas

Current through June 14, 2024
A. In the event of
				  termination, no charge for credit insurance may be made for the first fifteen
				  (15) days of a month and full month may be charged for sixteen (16) days or
				  more of a month.
B. The
				  requirements of the Consumer Credit Insurance Law that refund formulas be filed
				  with the Commissioner shall be considered fulfilled if the refund formulas are
				  set forth in the individual policy or group certificate filed with the
				  Commissioner.
C. No refund of five
				  dollars ($5) or less need be made.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.10 - Experience Reports and Adjustment of Prima Facie Rates

Current through June 14, 2024
A. Each insurer doing insurance business in
				  this state shall annually. file with the commissioner and the National
				  Association of Insurance Commissioners (NAIC) Support and Services Office a
				  report of consumer credit insurance written on a calendar year basis. The
				  report shall utilize the Credit Insurance Supplement-Annual Statement Blank as
				  approved by the NAIC, and shall contain data separately for each state, rather
				  than an allocation of the company's countrywide experience. The filing shall be
				  made in accordance with and no later than the due date in the Instructions to
				  the Annual Statement.
B. The
				  commissioner will, on a triennial basis, review the loss ratio standards set
				  forth in §
										1.4   of this Part and the prima facie rates set forth in
				  §§
										1.6  and  1.7   of this Part and determine therefrom the rate of
				  expected claims on a statewide basis, compare such rate of expected claims with
				  the rate of actual claims for the preceding three (3) years determined from the
				  incurred claims and earned premiums at prima facie rates reported in the Annual
				  Statement Supplement or other available source, and publish the adjusted actual
				  statewide prima facie rates to be used by insurers during the next triennium.
				  The rates will reflect the difference between:
1. actual claims based on experience;
				  and
2. expected claims based on the
				  loss ratio standards set forth in §
											1.4   of this Part applied to the prima
				  facie rates set forth in §§
											1.6  and  1.7   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.11 - Use of Rates - Direct Business Only

Current through June 14, 2024
A. Use
				  of Prima Facie Rates. An insurer that files rates or has rates on file that are
				  equivalent to the prima facie rates shown in §§
										1.6  and  1.7   of this
				  Part, to the extent adjusted pursuant to §
										1.10   of this Part, may use those
				  rates without further proof of their reasonableness.
B. Use of Rates Higher Than Prima Facie
				  Rates. An insurer may file for approval of and use rates that are higher than
				  the prima facie rates shown in §§
										1.6  and  1.7   of this Part, to the
				  extent adjusted pursuant to §
										1.10   of this Part, as long as the filed rates
				  are consistent with the provisions of §
										1.4   of this Part.
C. If rates higher than the prima facie rates
				  shown in §§
										1.6  and  1.7   of this Part, to the extent adjusted pursuant
				  to §
										1.10   of this Part, are filed for approval, the filing shall specify
				  the account or accounts to which the rates apply. The rates may be:
1. Applied uniformly to all accounts of the
				  insurer; or
2. Applied on an
				  equitable basis approved by the commissioner to only one or more accounts of
				  the insurer for which the experience has been less favorable than expected;
				  or
3. Applied according to a
				  case-rating procedure on file with the commissioner.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.12 - Supervision of Consumer Credit Insurance Operations

Current through June 14, 2024
A. Each insurer transacting credit insurance
				  in this state shall be responsible for conducting a thorough periodic review of
				  creditors with respect to their credit insurance business with such creditors
				  to assure compliance with the insurance laws of this state and the Part
				  promulgated by the Commissioner.
B.
				  Written records of such reviews shall be maintained by the insurer for review
				  by the Insurance Commissioner in accordance with 230-RICR- 20-60-4.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.13 - Prohibited Transactions

Current through June 14, 2024
A. The following
				  practices, when engaged in by insurers in connection with the sale or placement
				  of credit insurance, or as an inducement thereto, shall constitute unfair
				  methods of competition and shall be subject to the Unfair Trade Practices Act
				  of this State.
1. The offer or grant by an
				  insurer to a creditor of any special advantage or any service not set out in
				  either the group insurance contract or in the agency contract, other than the
				  payment of agent's commissions;
2.
				  Agreement by an insurer to deposit with a bank or financial institution money
				  or securities of the insurer with the design or intent that the same shall
				  affect or take the place of a deposit of money or securities which otherwise
				  would be required of the creditor by the bank or financial institution as a
				  compensating balance or offsetting deposit for a loan or other advancement;
				  and
3. Deposit by an insurer of
				  money or securities without interest or at a lesser rate of interest than is
				  currently being paid by the creditor, bank or financial institution to other
				  depositors of like amounts for similar durations. This subsection shall not be
				  construed to prohibit the maintenance by an insurer of such demand deposits or
				  premium deposit accounts as are reasonably necessary for use in the ordinary
				  course of the insurer's business.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.14 - Readability

Current through June 14, 2024
A. The commissioner shall not approve any
				  form unless the policy or certificate is written in non-technical, readily
				  understandable language, using words of common everyday usage:
1. Each insurer is required to test the
				  readability of its policies or certificates by use of the Flesch Readability
				  Formula, as set forth in Rudolf Flesch, The Art of Readable Writing, (1949, as
				  revised 1974);
2. A total
				  readability score of forty (40) or more on the Flesch scale is
				  required;
3. All policies or
				  certificates within the scope of this section shall be filed with the
				  commissioner, accompanied by a certification setting forth the Flesch score and
				  certifying the compliance with the guidelines set forth in this
				  Section.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.15 - Severability

Current through June 14, 2024
If any provision or clause of this Part or the application
					 thereof to any person or situation is held invalid, such invalidity shall not
					 affect any other provision or application of the Part which can be given effect
					 without the invalid provision or application, and to this end the provisions of
					 this Part are declared severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 1 - Consumer Credit Insurance (230-RICR-20-60-1) › Section 230-RICR-20-60-1.16 - Effective Date

Current through June 14, 2024
A. This regulation
				  shall take effect November 1, 2010 as to premium rates.
B. Approval of all forms not in compliance
				  with this Regulation is hereby withdrawn as of November 1, 2010. No such form
				  may be issued after said date unless it has been submitted to and approved by
				  the Commissioner subsequent to June 1, 2010 or unless a rider approved
				  subsequent to such date has been attached bringing such form into compliance
				  with this Regulation.
C. Any
				  deviations thought to be appropriate by an insurer as a result of promulgation
				  of this regulation shall be filed in accordance with the provisions of
				  §
										1.11   of this Part no later than July 1, 2010
D. Certificates, notices of proposed
				  insurance and premium rates in connection with existing group policies shall
				  conform to the requirements of this regulation not later than the anniversary
				  date of the group policy next following the effective date of this
				  regulation.
E. Any group policy
				  issued to replace an existing group policy of consumer credit insurance or an
				  amendment to an existing group policy of consumer credit insurance shall be
				  ignored for the purposes of determining the anniversary date if the change is
				  made on or after May 1, 2010.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 2 - Consent-to-Rate Filing (230-RICR-20-60-2) › Section 230-RICR-20-60-2.1 - Purpose

Current through June 14, 2024
The purpose of this Part is to provide a method of securing
					 insurance under consent-to-rate filings in accordance with R.I. Gen. Laws
					 §§
										27-6-14,
					 27-7.1-6.2,
					 27-9-13,
					 27-44-6(e) and
					 2003 Pub. Laws Chapter 410, at rates in excess of those filed with and approved
					 by the Department while assuring that those rates are not excessive or unfairly
					 discriminatory.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 2 - Consent-to-Rate Filing (230-RICR-20-60-2) › Section 230-RICR-20-60-2.2 - Authority

Current through June 14, 2024
This Part is issued pursuant to the authority vested in the
					 Insurance Commissioner by R.I. Gen. Laws §§
										27-6-44,
					 27-9-12,
					 27-44-19 and
					 42-14-17. This Part shall not
					 apply to "Special Commercial Risks" as defined by R.I. Gen. Laws §
										27-65-1.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 2 - Consent-to-Rate Filing (230-RICR-20-60-2) › Section 230-RICR-20-60-2.3 - Definitions

Current through June 14, 2024
A. "Consent to Rate" means an agreement filed
				  with and approved by the Department between an insurer and an insured to issue
				  an insurance policy at rates in excess of those on file with the Department. No
				  insurer may Consent to Rate to a premium lower than filed rates for an
				  individual insured. Individual risks priced according to a filed scheduled
				  rating plan do not constitute "Consent to Rate."
B. "Department" means the Insurance Division
				  of the Department of Business Regulation.
C. "Insurer" means an insurance company
				  chartered, licensed, or authorized to do an insurance business in the state
				  pursuant to Title 27 of the Rhode Island General Laws or 2003 P.L. ch.
				  410.
D. "Risk" means any applicant
				  seeking insurance in accordance with R.I. Gen. Laws §§
										27-6-14,
				  27-7.1-6.2,
				  27-9-13,
				  27-44-6(e) and
				  2003 Pub. Laws Chapter 410.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 2 - Consent-to-Rate Filing (230-RICR-20-60-2) › Section 230-RICR-20-60-2.4 - Requirements for Filing

Current through June 14, 2024
A. Each insurer
				  submitting a consent-to-rate filing for an individual risk shall include the
				  following information as a minimum:
1. The
				  location of the risk;
2. The type
				  of insurance;
3. The limits of
				  liability;
4. A description of what
				  is being insured;
5. The filed
				  rates for the classification, plus limits;
6. The percentage of increase above the filed
				  rates;
7. The increased rates, plus
				  limits;
8. Premium at filed and
				  increased rates and limits;
9.
				  Reason for issuance and acceptance of risk at rates in excess of those
				  filed
10. A statement from the
				  insurer as to the reason(s) that required a deviation from the filed
				  rates.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 2 - Consent-to-Rate Filing (230-RICR-20-60-2) › Section 230-RICR-20-60-2.5 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof to
					 any person or circumstance is held invalid, such invalidity shall not affect
					 other provisions or applications of this Part which can be given effect without
					 the invalid provision or application, and to that end the provisions of this
					 Part are severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with R.I. Gen. Laws
					 Chapters 27-6, 27-7.1, 27-9 and 27-44.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to establish the hearing
					 procedures that pertain to fire and marine, and property and casualty and
					 workers' compensation insurance Rate filings.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.3 - Definitions

Current through June 14, 2024
A. As used in this Part:
1. "Director" means the "Director of the
				  Department of Business Regulation."
2. "Filer" means the carrier or licensed
				  rating or advisory organization making a property and casualty or workers'
				  compensation insurance rate filing.
3. "Hearing Officer" means that person or
				  persons designated by the Director to serve as his or her designee with regard
				  to a specific rate hearing.
4.
				  "Intervenor" means a person granted status to intervene in a proceeding as
				  provided by these rules.
5.
				  "Licensed rating organization" means an organization referred to in R.I. Gen.
				  Laws Chapter 27-9.
6. "Party" means
				  the Filer; the office of the Attorney General (the "Attorney General"); and any
				  person or entity that is granted intervenor status by the Hearing
				  Officer.
7. "Person" means any
				  individual, partnership, corporation, association, governmental subdivision, or
				  public or private organization of any character other than an agency;
8. "Prospective loss costs" means that
				  portion of a "rate" that does not include provisions for expenses (other than
				  loss adjustment expenses) or profit and are based on historical aggregate
				  losses and loss adjustment expenses adjusted through development to their
				  ultimate value and projected through trending to a future point in
				  time.
9. "Rate" means the cost of
				  insurance per exposure unit, whether expressed as a single number or as a
				  "prospective loss cost" and an adjustment to account for the treatment of
				  expenses, profits and variations in loss experience, prior to any application
				  of individual risk variations based on loss or expense
				  considerations.
10. "Rate filing"
				  means those filings provided either "prospective loss costs" or the final
				  "rate" of either an insurance company or "licensed rating or advisory
				  organization".
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.4 - Scope and Purpose

Current through June 14, 2024
A. The provisions
				  of this Part shall apply to all insurance Rate Filings subject to the
				  requirements of R.I. Gen. Laws Chapters 27-6, 27-7.1, 27-9 and 27-44 provided
				  such Rate Filings are the subject of a hearing pursuant to the statute. When
				  the circumstances of a particular proceeding require more detailed procedures
				  than those set forth in this Part, additional procedures that assure
				  expeditious review may be ordered by the Director or Hearing Officer applicable
				  to that particular proceeding.
B.
				  This Part shall be read in conjunction with any and all other procedural Parts
				  adopted by the Department. In the event of a conflict, the provision of this
				  Part shall control in rate hearings subject to its provisions.
C. The purposes of this Part are as follows:
1. To expedite the orderly conduct and
				  disposition of property and casualty and workers' compensation insurance rate
				  hearings.
2. To enable all parties
				  to discover the positions of all other parties with respect to each filing
				  prior to the actual hearing.
3. To
				  guarantee that an impartial Hearing Officer will preside at all
				  hearings.
4. To encourage and
				  promote settlement of all procedural matters relating to each filing without
				  the necessity of formal adversary proceedings.
5. To limit any final decision of the
				  Director to evidence contained in the record, stipulations of fact, and matters
				  officially noticed; and
6. To
				  provide for a final decision on a filing within one hundred twenty (120) days
				  from the filing date referred to in §
											3.8(B)   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.5 - Costs of Hearing

Current through June 14, 2024
A. The filer is
				  responsible to pay the reasonable and customary fees of any and all experts
				  retained by the Department to assist in the hearing process. Any dispute over
				  the amount of the fees, which will be billed directly by the consultant to the
				  Filer and paid directly by the Filer to the consultant, shall be referred to
				  the Hearing Officer for resolution.
B. The filer is responsible to have present a
				  stenographer at every hearing and have a stenographic transcript of all
				  proceeding relating to the Rate hearing made. The Hearing Officer shall be
				  provided with the original of the stenographic record which shall become part
				  of the official transcript of the Rate hearing. The Filer is responsible to pay
				  the costs of the stenographer and the transcripts required under this
				  section.
C. The Hearing Officer may
				  order the Filer to pay such other costs directly related to the Rate hearing as
				  are reasonable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.6 - Hearing Officer

Current through June 14, 2024
A. The Director,
				  authorized by law to adjudicate insurance Rate hearings, may delegate his or
				  her authority to hear the case to a Hearing Officer.
B. If the Director intends to appoint a
				  Hearing Officer other than the designated departmental Hearing Officer, said
				  appointment must be made and notice given to all parties not later than the
				  pre-hearing conference and if no pre-hearing conference is held pursuant to
				  §
										3.11(H)   of this Part, not later than ten (10) days prior to the
				  hearing.
C. If the Filer, in good
				  faith, shall timely present a sufficient affidavit of personal bias, lack of
				  independence, disqualification by law, or other reason for disqualification,
				  the Director may then disqualify said Hearing Officer and designate another
				  Hearing Officer to preside. Any denial of such a request must be in writing
				  setting forth the reasons for such denial.
D. No Party shall engage in direct
				  communication with a Hearing Officer relating to the matters of law or fact to
				  be heard by the Hearing Officer without the permission or attendance of all
				  other parties to the proceeding. This prohibition does not apply to any matters
				  of procedure or any issue outside of the Rate application currently before the
				  Hearing Officer, including Rates for other lines which have not yet been filed
				  or which are not subject to hearing and alternative filings which the carrier
				  may make upon withdrawal of the filing subject to the hearing.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.7 - Intervenors

Current through June 14, 2024
A. An application for Intervenor status shall
				  be made to the Director or Hearing Officer in writing. The application shall
				  contain a statement explaining how the applicant is or may be, a member of a
				  class which is or may be, substantially and directly affected by the
				  proceeding.
B. An application for
				  Intervenor status may be filed at any time after the filing date but shall be
				  filed within the time permitted for Intervenor applications by an order of the
				  Director which is publicly noticed. Any Person who applies for Intervenor
				  status after the deadline set by the Director shall be permitted to intervene
				  only upon a compelling demonstration of good cause, and shall be subject to any
				  established hearing schedule.
C.
				  The Director or Hearing Officer may permit interested individuals to make
				  comments on the record as to the matters before the Director or Hearing
				  Officer. Such comments made by the witnesses may be subject to cross
				  examination, and the Director or Hearing Officer is entitled to give such
				  public testimony the appropriate weight that he or she determines. Such
				  determination shall be dependent upon the expertise and knowledge of the
				  witness.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.9 - Discovery

Current through June 14, 2024
A. The Director and Department staff shall
				  have all authority granted to them by statute to obtain information in any
				  proceeding, and the provisions of this Section shall not be construed to limit
				  that authority in any way.
B. All
				  parties shall have the right to serve informational requests upon any Party,
				  subject to the following terms and procedures.
1. Informational requests shall be in
				  writing, unless made on the record in a pre-hearing or hearing, and
				  specifically directed to a Party or Parties. A copy of each request shall be
				  provided to the Director or Hearing Officer and all parties to the
				  proceeding.
2. Not later than the
				  earlier of the pre-hearing conference or thirty (30) days prior to the hearing,
				  the Department, Attorney General and all Intervenors shall serve their
				  discovery requests upon the Filer. Additional information requests may be
				  served on the Filer if the initial discovery request was made in a timely
				  manner.
3. Informational requests
				  shall be relevant to the issues involved in the pending proceeding, and shall
				  not be unduly burdensome or repetitious.
4. Objections to an information request shall
				  be filed with the Director or Hearing Officer no later than ten (10) days after
				  it is received, unless some other period is prescribed by order.
5. Each informational request shall be
				  answered within thirty (30) days after its receipt or such other period as may
				  be ordered by the Director or Hearing Officer, except as to any part of a
				  request to which specific and timely objection is made. In cases where timely
				  objection has been made and the objection is subsequently overruled, the
				  requested information shall be provided within thirty (30) days of receipt of
				  the Director's or Hearing Officer's ruling on the objection or such other
				  period as may be provided in that ruling.
6. A copy of the responsive material shall be
				  provided to the Director or Hearing Officer and to each Party. Responsive
				  material does not become part of the record of hearing unless offered and
				  admitted.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.11 - Pre-Hearing Conference

Current through June 14, 2024
A. The purpose of
				  the pre-hearing conference is to provide an opportunity for the consideration
				  of facts, arguments, and other issues as well as consideration of the means by
				  which the hearing procedure may be facilitated and the disposition of the
				  proceedings expedited.
B. At the
				  prehearing conference the Director or Hearing Officer shall set a date by which
				  the parties (other than the Filer) shall deliver to the Filer, the Hearing
				  Officer and all Intervenors their written comments on the filing, stating areas
				  of disagreement, if any, their proposed alternatives, if any, and their own
				  recommendation as to the extent of Rate level adjustment on which each would be
				  prepared to agree.
C. Reasonable
				  means to be considered by the parties in order to expedite the orderly conduct
				  and disposition of the hearing include the following:
1. The simplification or clarification of the
				  issues;
2. The exchange and
				  acceptance of service of exhibits proposed to be offered in evidence;
3. The obtaining of stipulations as to
				  undisputed facts and documents;
4.
				  To the extent practicable, the settling of all procedural matters prior to
				  hearing.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.13 - Final Decision

Current through June 14, 2024
A. As soon as is
				  practicable after the hearing is concluded, but in no event later than thirty
				  (30) days after receipt of the transcript of proceedings, the Hearing Officer
				  or Director shall enter the final decision of the Hearing Officer or Director
				  and the Director shall enter his order. The final decision and/or order shall
				  be served upon the parties forthwith by regular mail, postage
				  pre-paid.
B. The Decision shall be
				  effective immediately unless a specific effective date is specified in the
				  Decision. Any Party requesting a stay of the Decision shall do so in accordance
				  with R.I. Gen. Laws §
										42-35-15(c).
C. The final decision shall be based
				  exclusively on:
1. The competent evidence and
				  arguments presented during the course of the hearing and made a part of the
				  record;
2. Stipulations of
				  fact;
3. Briefs, if any;
				  and
4. Matters officially
				  noticed.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.14 - Extensions of Time Limits

Current through June 14, 2024
A. Upon a finding
				  by the Hearing Officer or Director that good cause exists, any of the time
				  limits enumerated above may be extended.
B. Requests for extension of any period must
				  be stipulated in writing prior to the expiration of the period. Stipulations of
				  all parties are acceptable in lieu of a written request for
				  extension.
C. Extensions shall not
				  be granted if inattention or procrastination caused the delay, but shall be
				  granted if the delay is attributable to honest mistake, accident, or any cause
				  compatible with proper diligence.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.15 - Rate Hearings on Existing Rates

Current through June 14, 2024
In the event that the Director or a Hearing Officer shall
					 hold any hearing on an existing Rate pursuant to the requirements of R.I. Gen.
					 Laws Chapters 27-6, 27-7.1, 27-9, or 27-44, this Part shall apply. For purposes
					 of this Section the "Filer" shall be the Party which filed the Rate, the filing
					 date shall be the date on which notice of the hearing is received by the Filer
					 and the effective date of an order by the Director shall be the effective date
					 set forth in the order.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.16 - Interpretation and Construction

Current through June 14, 2024
A. This Part shall
				  be interpreted as declaratory of the practice and procedures of the Department
				  as it existed before their adoption except to the extent:
1. They are inconsistent with such practice
				  and procedure;
2. Express provision
				  appears in this Part to the contrary; or
3. As may result from necessary
				  implication.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.17 - Severability

Current through June 14, 2024
If any provision of this Part 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 Part which can be given effect without the invalid or unconstitutional
					 provision or application, and to this end the provisions of this Part are
					 severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with R.I. Gen. Laws
					 Chapters 27-9.1, 27-13.1 and 27-29. Nothing herein shall be construed to create
					 or imply a private cause of action for violation of this Act.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.2 - Purpose

Current through June 14, 2024
This Part implements R.I. Gen. Laws Chapters 27-13.1 and
					 27-29 regarding the retention and maintenance of records required for market
					 conduct purposes as contained in §
										4.4   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.3 - Definitions

Current through June 14, 2024
A. All definitions contained in R.I. Gen.
				  Laws §§
										27-13.1-2 and
				  27-29-2 are hereby incorporated by
				  reference. In addition, for purposes of this Part:
1. "Application and accompanying records"
				  means any written or electronic application form, any enrollment form, any
				  document or record thereof, used to add coverage under any existing policy,
				  questionnaire, telephone interview form, paramedical interview form or any
				  other document used to question or underwrite an applicant for any policy
				  issued by an insurer or for any declination of coverage by an
				  insurer.
2. "Claim file and
				  accompanying records" means the file maintained so as to show clearly the
				  inception, handling and disposition of each claim. The claim file shall be
				  sufficiently clear and specific so that pertinent events and dates of these
				  events can be reconstructed.
3.
				  "Commissioner" means the Director of the Department of Business Regulation or
				  his or her designee.
4. "Complaint"
				  means a written communication primarily expressing a grievance.
5. "Declination" or "Declined underwriting
				  file" means all written or electronic records concerning coverage for which an
				  application has been completed and submitted to the insurer or its producer but
				  the insurer has made a determination not to issue a policy or not to add
				  additional coverage when requested.
6. "Examiner" means a market conduct examiner
				  or any other examiner authorized or designated by the commissioner to conduct
				  an examination pursuant to R.I. Gen. Laws Chapter 27-13.1.
7. "Grievance" for health insurance purposes,
				  means a written complaint submitted by or on behalf of a covered person
				  regarding the:
a. Claims payment, handling or
				  reimbursement for health care services; or
b. Matters pertaining to the contractual
				  relationship between a covered person and a health carrier.
8. "Inquiry" means a specific
				  question, criticism or request made in writing to an insurer by an
				  examiner.
9. "Related entity" means
				  a person authorized to act on behalf of the insurer in connection with the
				  business of insurance.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.4 - Records Required for Market Conduct Purposes

Current through June 14, 2024
A. An
				  insurer or related entity licensed to do business in this state shall maintain
				  its books, records and documents in a manner so that the commissioner can
				  readily ascertain during an examination the insurer's compliance with state
				  insurance laws and rules and with the standards outlined in the NAIC Market
				  Regulation Handbook, including, but not limited to, company operations and
				  management, policyholder service, marketing, producer licensing, underwriting,
				  rating, complaint/grievance handling, and claims practices.
B. For a health insurer, the insurer or
				  related entity shall maintain its books, records, and documents in a manner so
				  that the practices of the insurer regarding network adequacy, utilization
				  review, quality assessment and improvement and provider credentialing may be
				  ascertained during a market conduct examination.
C. These records shall be retained for the
				  current year plus four (4) years.
D. The producer of record shall maintain a
				  file for each policy sold, and the file shall contain all work papers and
				  written communications in his or her possession pertaining to the policy
				  documented therein. These records shall be retained for the current year plus
				  four (4) years.
E. During an
				  examination of the insurer, the insurer shall provide a copy of the written
				  contract entered into with each third party vendor or service provider as
				  requested by an examiner within the time frames set forth in §
										4.11   of this
				  Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.5 - Policy Record File

Current through June 14, 2024
A. A policy record
				  file shall be maintained for each policy issued, and shall be maintained for
				  the duration of the current policy term plus four (4) years, or for life
				  insurance policies and annuity contracts, for the time the policy or contract
				  is in force and four (4) years thereafter. Policy records shall be maintained
				  so as to show clearly the policy period, basis for rating and any imposition of
				  additional exclusions from or exceptions to coverage. If a policy is
				  terminated, either by the insurer or the policyholder, documentation supporting
				  the termination and account records indicating a return of premiums, if any,
				  shall also be maintained. Policy records need not be segregated from the policy
				  records of other states so long as the records are readily available to market
				  conduct examiners as required under this Part.
B. Policy records shall include the
				  following:
1. Any application and
				  accompanying records for each contract. The application shall bear a clearly
				  legible means by which an examiner can identify a producer involved in the
				  transaction. The examiners shall be provided with information clearly
				  identitifying the producer involved in the transaction.
2. Any declaration pages (the initial page
				  and any subsequent pages), the insurance contract, any certificates evidencing
				  coverage under a group contract, any endorsements or riders associated with a
				  policy, any termination notices, and any written or electronic correspondence
				  to or from the insured pertaining to the coverage. If any of these records has
				  already been filed with the commissioner, a separate copy of the record need
				  not be maintained in the individual policy files to which the record pertains,
				  provided it is clear from the insurer's other records or systems that the
				  record applies to a particular policy and that any data contained in the record
				  relating to the policy, as well as the actual policy issued to the insured, can
				  be retrieved or recreated;
3. Any
				  binder; and
4. Any guidelines,
				  manuals or other information necessary for the reconstruction of the rating,
				  underwriting, policy owner service and claims handling of the policy. The
				  maintenance at the site of a market conduct examination of a single copy of
				  each of the above shall satisfy this requirement. These types of records
				  include, but are not limited to, the application, the policy form including any
				  amendments or endorsements, rating manuals, underwriting rules, credit reports
				  or scores, claims history reports, previous insurance coverage reports (e.g.,
				  MIB), questionnaires, internal reports, and underwriting and rating
				  notes.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.7 - Licensing Records

Current through June 14, 2024
Records to be maintained relating to the insurer's
					 compliance with licensing requirements shall include the licensing records of
					 each producer, adjuster or appraiser associated with the insurer. Licensing
					 records shall be maintained so as to show clearly the licensing status of the
					 producer, adjuster or appraiser at the time of solicitation, negotiation or
					 procurement. It is incumbent upon the insurer to verify and keep track of the
					 license expiration date and renew the license as required for each producer or
					 adjuster associated with the insurer. A screenprint from the Producer Database
					 (PDB) may serve to provide adequate proof only of a producer's current
					 licensing status.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.8 - Complaint Records

Current through June 14, 2024
The complaint records required to be maintained under R.I.
					 Gen. Laws §
										27-29-4(13) shall
					 include a complaint log or register, or grievance log or register for health
					 insurers, in addition to the actual written complaints. The complaint log or
					 register shall show clearly the total number of complaints for the current year
					 plus the immediately preceding four (4) years, the classification of each
					 complaint by line of insurance and by complainant (i.e. insured, Division of
					 Insurance, third party, etc.), the nature of each complaint, the insurer's
					 disposition of each complaint, and the complaint number assigned by the
					 Division of Insurance, if applicable. If the insurer maintains the file in a
					 computer format, the reference in the complaint log or register for locating
					 the documentation shall be an identifier such as the policy number or other
					 code. The codes shall be provided to the examiners at the time of an
					 examination.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.9 - Format of Records

Current through June 14, 2024
A. Any record
				  required to be maintained by an insurer may be created and stored in the form
				  of paper, photograph, magnetic, mechanical or electronic medium; or any process
				  that accurately forms a durable reproduction of the record, so long as the
				  record is capable of duplication to a hard copy that is as legible as the
				  original document. Documents that are produced and sent to an insured by use of
				  a template and an electronic mail list shall be considered to be sufficiently
				  reproduced if the insurer can provide proof of mailing of the document and a
				  copy of the template. Documents that require the signature of the insured or
				  insurer's producer shall be maintained in any format listed above provided
				  evidence of the signature is preserved in that format.
B. The maintenance of records in a
				  computer-based format shall be archival in nature, so as to preclude the
				  alteration of the record after the initial transfer to a computer format. Upon
				  request of an examiner, all records shall be capable of duplication to a hard
				  copy that is as legible as the original document. The records shall be
				  maintained according to written procedures developed and adhered to by the
				  insurer. The written procedures shall be made available to the commissioner
				  during an examination.
C.
				  Photographs, microfilms, or other image-processing reproductions of records
				  shall be equivalent to the originals and may be certified as the same in
				  actions or proceedings before the commissioner unless inconsistent with R.I.
				  Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.10 - Location of Files

Current through June 14, 2024
A. All records
				  required to be maintained under this Part shall be kept in a location that will
				  allow the records to be produced for examination within the time period
				  required. When, under normal circumstances, someone other than the insurer
				  maintains a required record or type of record, the other person's
				  responsibility to maintain the records shall be set forth in a written
				  agreement, a copy of which shall be maintained by the insurer and shall be
				  available to the examiners for purposes of examination.
B. If required by law or otherwise available,
				  the insurer shall maintain disaster preparedness or disaster recovery
				  procedures that include provisions for the maintenance or reconstruction of
				  original or duplicate records at another location. These procedures shall be
				  provided for review during the examination.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 4 - Record Retention (230-RICR-20-60-4) › Section 230-RICR-20-60-4.11 - Time Limits to Provide Records and to Respond to Examiners

Current through June 14, 2024
A. Initial data requests should be submitted
				  to a company at least thirty (30) days prior to the commencement of the on-site
				  examination, desk audit or other form of review to provide ample time for the
				  company to prepare the materials requested by the examining state.
				  §§
										4.11(B) and (C)   of this Part below apply to requests for
				  supplemental data and information not anticipated at the time of the initial
				  request as specified in Subsection A. This section will not apply to any
				  examination designated by the Department as an "emergency"
				  examination.
B. As a means to
				  facilitate the examination and to aid in the examination in accordance with
				  R.I. Gen. Laws §
										27-13.1-3 an insurer shall provide
				  any requested document or written response to an inquiry submitted by an
				  examiner within five (5) working days, or such other time period as mutually
				  agreed upon by the examiner and the insurer. When the requested document or
				  response is not produced by the insurer within the specified time period, a
				  violation shall be deemed to have occurred unless the insurer can demonstrate
				  to the satisfaction of the commissioner that the requested record cannot
				  reasonably be provided within the specified time period of the
				  request.
C. The time period for
				  when a response is due may be extended if that request consists of a data run,
				  request for statistical information, or information that cannot logistically be
				  obtained without additional time. Approval for such an extention must be
				  obtained from the Division, in writing. That writing will then control the time
				  period required for response.
D.
				  Additional records requested by the commissioner shall be made available for
				  the examination upon the date specified by the Examiner in Charge.