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 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.7 - Waiver of Statutory Deductible

Current through June 14, 2024
A. Property damage
				  liability caused by collision shall have the statutory deductible waived:
1. Where a motor vehicle legally parked and
				  unattended is involved in a motor vehicle accident with an uninsured owner or
				  operator;
2. Where a motor vehicle
				  is struck as the result of the operation by an uninsured motorist driving the
				  wrong way on a one-way street;
3.
				  Where there is property damage caused by collision to a vehicle struck in the
				  rear by a vehicle owned or operated by an uninsured motorist; or
4. Where there is property damage caused by
				  collision when struck by a stolen vehicle.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.8 - Rates for Uninsured Motorist Property Damage Coverage

Current through June 14, 2024
In accordance with R.I. Gen. Laws §
										27-7-2.1(e),
					 rates for Uninsured Motorist Property Damage coverage shall be established by a
					 filing made by the insurer and approved by the Commissioner. The filed rates
					 may not be excessive, inadequate or unfairly discriminatory.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.9 - Arbitration

Current through June 14, 2024
A. In accordance with R.I. Gen. Laws
				  §§
										10-3-2 and
				  27-10.3-1(5) in
				  all policies containing uninsured/underinsured motorist coverage, the provision
				  requiring arbitration of benefits under that coverage must be placed
				  immediately before the testimonium clause or the signatures of the
				  parties.
B. If the arbitration
				  provision is in violation of (a) above it may be enforced at the option of the
				  insured, and in the event the insured exercises the option to arbitrate, then
				  the provisions of this chapter shall apply and be the exclusive remedy
				  available to the insured.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.10 - 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 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with R.I. Gen. Laws
					 §§
										27-8-11,
					 27-9-1
et seq.
and 31-47-4.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to set forth the limitations
					 which apply to cancellation and renewal of private passenger automobile
					 insurance policies. The provisions of this Part cannot be varied by the
					 language of the insurance policy.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.4 - Cancellation of Policy

Current through June 14, 2024
A. Effective sixty
				  (60) days after the inception date of a policy, or if the policy is a renewal,
				  effective immediately, the company shall not exercise its right to cancel the
				  policy unless it is based on one (1) or more of the following reasons:
1. Non-payment of premium; whether payable
				  directly to the company or its agent or indirectly under any premium finance
				  plan or extension of credit, or
2.
				  The driver's license or motor vehicle registration of the named insured or any
				  other operator who either resides in the same household or customarily operates
				  an automobile insured under the policy has been under suspension or revocation
				  or cancellation of the license during the policy period, or, if the policy is a
				  renewal, during its policy period, or
3. The insurance was obtained through
				  fraudulent misrepresentation (subject to the limitation in §
											2.10   of this
				  Part), or
4. There has been a
				  violation of any of the terms or conditions of the policy, or
5. The named insured or any other operator of
				  the automobile either resident in the same household or who customarily
				  operates the automobile is subject to epilepsy or heart attacks, provided such
				  individual cannot produce a certificate from a physician testifying to
				  unqualified ability to operate a motor vehicle, or
6. The named insured or any other operator of
				  the automobile either resident in the same household or who customarily
				  operates the automobile has been convicted of or forfeits bail for three (3) or
				  more violations, committed within a period of eighteen (18) months, of any
				  ordinance or regulation limiting the speed of motor vehicles or any provision
				  constituted a misdemeanor by the motor vehicle laws of any state, or
7. The named insured or any other operator of
				  the automobile either resident in the same household or who customarily
				  operates the automobile has been convicted of or forfeits bail during the
				  thirty-six (36) months immediately preceding the effective date of the policy,
				  or during the policy term, for;
a. any felony,
				  or
b. homicide or assault arising
				  out of the operation of a motor vehicle, or criminal negligence in the
				  operation of a motor vehicle resulting in death, or
c. operating a motor vehicle while in an
				  intoxicated condition or, while under the influence of drugs, or
d. leaving the scene of an accident without
				  stopping to report, or
e. theft of a
				  motor vehicle, or
f. making false
				  statements in an application for a driver's license.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.5 - Cancellation Notice

Current through June 14, 2024
A. The provisions
				  of §
										2.4   of this Part shall apply to each and every coverage or limit
				  afforded under the policy but the insurer, at its option and in lieu of
				  outright cancellation, may reduce the limits afforded for automobile bodily
				  injury liability and property damage liability (subject to compliance with the
				  minimum financial security requirements) or cancel any other coverage, by
				  delivering written notice stating the specific reason or reasons relied upon by
				  it for its action and when, not less than thirty (30) days thereafter, such
				  cancellation or reduction of limits shall be effective.
B. No insurer shall exercise its right to
				  cancel a policy unless a written notice of cancellation is delivered to the
				  named insured, at the address shown in the policy, at least thirty (30) days
				  prior to the effective date of cancellation, except that when cancellation is
				  for non-payment of premium such notice shall be delivered to the named insured
				  at least ten (10) days prior to the effective date of cancellation and shall
				  include or be accompanied by a statement of the reason therefore. This section
				  shall not apply to the failure to renew a policy.
C. This Section shall not apply to policies
				  issued pursuant to R.I. Gen. Laws §§
										31-33-8 and
				  31-47-16 through the Rhode Island
				  Automobile Insurance Plan. Cancellation of those policies is governed solely by
				  the terms of the Plan Manual as filed with and approved by the
				  Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.6 - Notice of Nonrenewal

Current through June 14, 2024
A. Unless the
				  insurer, at least thirty (30) days in advance of the end of the policy period,
				  delivers to the named insured at the address shown in the policy, notice of its
				  intention not to renew the policy or to condition its renewal upon reduction of
				  limits or elimination of any coverages afforded under the policy, together with
				  a statement of its reasons therefor, the named insured shall be entitled to
				  renew the policy upon payment of the premium when due. The renewal policy shall
				  provide that the insurer shall not cancel such policy or reduce any of the
				  limits or cancel any of the coverages provided thereunder except as provided in
				  §§
										2.4  and  2.5   of this Part. This Section shall not apply in case of
				  nonpayment of premium as required by the insurer for the expiring policy or
				  renewal thereof. Renewal of a policy shall not constitute a waiver or estoppel
				  with respect to grounds for cancellation which existed before the effective
				  date of such renewal.
B. No
				  insurance company shall fail to renew a private passenger automobile policy
				  because of a loss occurrence only, unless a Chargeable Loss Occurrence or more
				  than two (2) Non-Chargeable Loss Occurrences, involving insureds, have taken
				  place within the policy period.
C.
				  No insurance company shall fail to renew a private passenger automobile policy
				  solely because the insured has attained the age of sixty-five (65) years or
				  older.
D. Notwithstanding the
				  failure of an insurer to comply with this Section, the policy shall terminate
				  on the effective date of any other insurance policy with respect to any
				  automobile designated in both policies.
E. This Section shall not apply to policies
				  issued pursuant to R.I. Gen. Laws §§
										31-33-8 and
				  31-47-16 through the Rhode Island
				  Automobile Insurance Plan. Nonrenewal of those policies is governed solely by
				  the terms of the Plan Manual as filed with and approved by the
				  Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.7 - Use of Insurance Score in Rating or Underwriting

Current through June 14, 2024
A. An insurer may not decline insurance for a
				  new customer based solely on an Insurance Score, or absence of an Insurance
				  Score.
B. An insurer which uses an
				  Insurance Score in rating or underwriting must demonstrate the statistically
				  predictive nature of the Insurance Score utilized in conjunction with its rate
				  filing.
C. An insurer must confirm
				  that none of the "negative factors" listed in R.I. Gen. Laws §
										27-9-56(c) have
				  been utilized in determining an Insurance Score or in the rating or
				  underwriting process.
D. No insurer
				  shall cancel, fail to renew or increase the rate of an existing customer based
				  solely on a worsening in a customer's Insurance Score unless:
1. the worsening is due to a bankruptcy, tax
				  lien, garnishment, foreclosure or judgment, or
2. if a subsequent Insurance Score no sooner
				  than six (6) months later confirms the worsening in score.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.8 - Notice of Eligibility for State Plan

Current through June 14, 2024
When a policy is cancelled or non-renewed, other than for
					 non-payment of premiums or the insured's having obtained substitute coverage or
					 if the policy had been issued through the Rhode Island Automobile Insurance
					 Plan, the insurer shall notify the insured of his or her possible eligibility
					 for insurance through the Rhode Island Automobile Insurance Plan. Such notice
					 shall accompany or be included in the cancellation or non-renewal notice. The
					 notice must be clearly identifiable by the insured. The notice must provide
					 information that insured may contact a licensed insurance producer for
					 assistance in obtaining coverage through the Rhode Island Automobile Insurance
					 Plan.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.9 - Notice of Financial Responsibility

Current through June 14, 2024
Every notice of cancellation or non-renewal sent to the
					 insured shall include a statement that financial security is required to be
					 maintained continuously throughout the registration period and that failure to
					 maintain financial security shall subject the violator to a mandatory
					 suspension of license and registration. The statement of financial security
					 shall be in a type face not smaller then 12 point pursuant to R.I. Gen. Laws
					 §
										31-47-4(c).
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.10 - Prohibition of Rescission of Automobile Liability Coverage

Current through June 14, 2024
No insurer may rescind
ab initio
coverage
					 required by the terms of R.I. Gen. Laws §
										31-47-1
et seq.
Whether or not rescission ab initio is available for other coverages is not
					 addressed by this Part and shall be governed by the applicable statutory and
					 case law of this state. Nothing in this section shall vary the ability of the
					 insurer to cancel automobile liability coverage on a prospective basis, as long
					 as the requirements of all statutes and Regulations governing cancellation are
					 met.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.11 - Nonliability of Insurer

Current through June 14, 2024
A. There shall be
				  no liability on the part of and no cause of action of any nature shall arise
				  against any insurer, its authorized representatives, its agents, its employees,
				  or any firm, person or corporation furnishing either to the insurer or the
				  Insurance Division information as to reasons for cancellation, reduction of
				  limits, elimination of coverages, conditioned renewal or non-renewal, for any
				  statement made by any of them in any written notice of cancellation, reduction
				  of limits, elimination of coverages, conditioned renewal or non-renewal, or in
				  any other communication, oral or written, specifying the reasons for
				  cancellation, reduction of limits, elimination of coverages, conditioned
				  renewal or non-renewal, or the providing of information pertaining thereto, or
				  for statements made or evidence submitted at any hearings conducted in
				  connection therewith.
B. If mailed,
				  proof of mailing of a notice of cancellation, reduction of limits, elimination
				  of coverages or of intention not to renew or proof of the mailing of the
				  reasons therefor, to the named insured at the address shown in the policy,
				  shall be sufficient proof of the giving of notice and the giving of reasons
				  required by this Part A certificate of mailing as certified by the U.S. Postal
				  Service will satisfy the proof of mailing requirement.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.12 - Automatic Termination of Excess Automobile Policy

Current through June 14, 2024
An excess automobile policy may provide that it shall
					 automatically terminate if the primary policy terminates, whether by
					 cancellation, non-renewal or otherwise and such an automatic termination
					 provision shall not be deemed a cancellation or non-renewal for the purpose of
					 this Part. As used in this Part, "excess automobile policy" means a policy
					 which affords automobile bodily injury liability insurance and automobile
					 property damage liability insurance restricted to a limit of liability in
					 excess of that provided by another designated policy containing limits of
					 liability which are at least equal to those required by the Financial
					 Responsibility Law 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 2 - Automobile Insurance Cancellation and Renewal Provisions › Section 230-RICR-20-05-2.13 - Severability

Current through June 14, 2024
If any section, term, or provision of this Part should be
					 adjudged invalid for any reason, that judgment should not effect, impair, or
					 invalidate any remaining section, term or provision, which shall remain in full
					 force and effect.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with authority
					 granted by R.I. Gen. Laws §
										27-9-1
et seq
.,
					 and R.I. Gen. Laws §§
										27-9-7.2,
					 27-9-56,
					 31-47-18 and
					 45-19-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to set forth rules and
					 procedural requirements to carry out the provisions of a uniform minimum
					 guideline for private passenger automobile insurance in this
					 state.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.3 - Definitions

Current through June 14, 2024
A. As used in this Part:
1. "Alarm only device" means a device which
				  sounds an audible alarm that can be heard at a distance of at least three
				  hundred (300) feet for a minimum of three (3) minutes.
2. "Active disabling device" means a device
				  which disables the vehicle by making the fuel, ignition or starting system
				  inoperative and a separate manual step is required to engage the
				  device.
3. "Chargeable accident"
				  means any motor vehicle accident other than those set forth in §
											3.8   of
				  this Part.
4. "Department" means
				  the Department of Business Regulation, Insurance Division.
5. "Insurance score" means a number, rating
				  or any categorization that is derived from an algorithm, computer application,
				  model or other process that is based in whole or in part on credit history for
				  the purposes of predicting the future insurance loss experience of an
				  individual applicant or insured.
6.
				  "Insurer" means all persons, firms, corporations or associations authorized or
				  licensed to offer automobile insurance in this State.
7. "Moving violation" means any violation of
				  statute or ordinance which requires operation of a motor vehicle as an element
				  of the offense, and which occurred no more than three (3) years prior to the
				  effective date of the policy.
8.
				  "Passive disabling device" means a device which disables the vehicle by making
				  the fuel, ignition or starting system inoperative and a separate manual step is
				  not required to engage the device.
9. "Private passenger automobile" means any
				  vehicle insured by a personal automobile insurance policy.
10. "Renewal" or "to renew" means the
				  issuance and delivery by an insurer of a policy superseding at the end of the
				  policy period a policy previously issued and delivered by the same insurer, or
				  the issuance and delivery of a certificate or notice extending the term of a
				  policy beyond its policy period or term.
11. "Vehicle recovery system service" means
				  an electronic unit installed in a vehicle that is activated after the vehicle
				  is stolen. When activated, the device provides information to law enforcement
				  officials or another public or private entity regarding the vehicle's location.
				  The system provides for the routine delivery of the information to the
				  appropriate law enforcement entity to assist in the recovery of the
				  vehicle.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.4 - Scope

Current through June 14, 2024
This Part shall apply to all private passenger automobile
					 insurance rates filed with the Department on behalf of insurers seeking to
					 satisfy the requirements of R.I. Gen. Laws §
										27-9-1
et seq.
and R.I. Gen. Laws §
										31-47-18.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.5 - Additive Amounts for Policy Assessment

Current through June 14, 2024
Insurers shall develop and have approved for use within the
					 State of Rhode Island programs showing an additive amount for assessment(s) to
					 individual(s) as the result of a Chargeable Accident(s) and/or Moving
					 Violation(s), as defined in this Part without regard to age, sex or where the
					 motor vehicle is garaged. These additive amounts must be clearly shown as a
					 flat dollar rate or as a percentage rate in the insurers' rate manual and may
					 vary by coverage, liability limits, age and price of car, physical damage
					 deductible, etc. The additive amount must be reasonable, not excessive, or
					 unfairly discriminatory, however, as long as the program meets these criteria,
					 an additive amount is not required to be assessed for every Chargeable Accident
					 or Moving Violation.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.6 - Reductive Amounts for Policy Credits

Current through June 14, 2024
Insurers shall develop and have approved for use within the
					 State of Rhode Island programs showing a reductive amount for credit(s) as a
					 result of a lack of Chargeable Accident(s) and/or Moving Violations, as defined
					 in this Part without regard to age, sex or where the motor vehicle is garaged.
					 Insurers may restrict these reductive amounts only to persons who have been
					 licensed for three (3) or more years. These reductive amounts must be clearly
					 shown as a flat dollar rate or as a percentage rate in the insurers' rate
					 manual and may vary by coverage, liability limits, age and price of car,
					 physical damage deductible, etc. However, the reductive amount must be
					 reasonable, not excessive, nor unfairly discriminatory. If the reductive amount
					 meets these criteria an insurer may also have a discount program based upon
					 tenure with the insurer. Nothing in this section affects an insurer's ability
					 to provide non-driving related discounts that are not related to any accident
					 or moving violation.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.7 - Premium Surcharges

Current through June 14, 2024
A. No insurer shall
				  charge a higher premium as a result of any loss for which a surcharge is
				  prohibited by R.I. Gen. Laws §§
										27-9-4 and
				  27-9-53 or §
										3.8   of this Part.
				  No insurer shall use a prior carrier type (i.e. standard, non-standard or
				  preferred) for the placement of an insured into a tier or company or use for
				  discount/surcharge programs.
B. No
				  insurer may establish a premium surcharge or penalty, remove a discount,
				  decline an award of credits, tier or retier, or place an insured with a member
				  insurer or otherwise alter premium for any loss(es) other than a Chargeable
				  Accident or Moving Violation. Insurers may not establish "loss free discounts"
				  or "tiers" which take into account losses which are not Chargeable Accident(s)
				  or Moving Violation(s) as defined in this Part, and/or which occurred more than
				  three (3) years prior to the effective date of the policy.
C. No insurer may charge an increased premium
				  (including an increase in premium which occurs by moving the insured into or
				  out of a "tier") or eliminate a discount solely as a result of an insured being
				  sixty-five (65) years or older, as prohibited by R.I. Gen. Laws §
										27-9-4(a)(5).
D. Any premium increases for a permitted
				  purpose shall be instituted only at renewal of the policy. This does not apply
				  to alterations of the underlying risk, in which case the premium may be altered
				  but only to account for the alteration of the risk.
E. An insurance policy is not subject to a
				  surcharge solely because of the filing of a certificate of financial
				  responsibility with the Rhode Island Division of Motor Vehicles on behalf of a
				  minor pursuant to R.I. Gen. Laws §
										31-33-11.
F. Insurers shall notify the insured if a
				  loss has affected the premium charged to the insured including how the insurer
				  determined that the loss was chargeable.
G. Insurers shall have procedures to assure
				  that information regarding losses as chargeable or nonchargeable is correct. If
				  an insurer determines that coding or reporting of a loss as chargeable or
				  nonchargeable is incorrect, the insurer shall promptly notify all to whom that
				  information has been previously transmitted and shall adjust premium for all
				  affected insureds whether or not the policy has terminated.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.8 - Chargeable Accident

Current through June 14, 2024
A. An accident will
				  not be deemed chargeable against an individual who can show one of the
				  following:
1. The accident occurred more than
				  three (3) years prior to the effective date of the policy;
2. The property damage claim payment made as
				  a result of an accident occurring before January 1, 2020, was less than one
				  thousand five hundred dollars ($1,500) or the property damage claim payment
				  made as a result of an accident occurring on or after January 1, 2020, was less
				  than three thousand dollars ($3,000);
3. The automobile involved in the motor
				  vehicle accident was legally parked and unattended at the time of the
				  damage;
4. The insured covered by
				  that policy is fifty percent (50%) or less at fault;
5. The owner or operator has received at
				  least fifty percent (50%) reimbursement from the other driver involved in the
				  automobile accident;
6. The
				  individual has received a judgment in a court of law against the other owner or
				  operator involved in the accident for at least fifty percent (50%) of the loss
				  incurred;
7. There has been a
				  determination by a law enforcement agency that the damage inflicted on the
				  owned or operated vehicle was done by an individual operating a stolen vehicle
				  whether or not that individual was apprehended;
8. The operator or owner of the other vehicle
				  involved in the automobile accident with the insured vehicle has had his
				  license and/or registration suspended by action of the Division of Motor
				  Vehicles for failing to satisfy financial responsibility
				  requirements;
9. The loss or
				  incident involved a bus driver, while in the course of his or her employment
				  for the Rhode Island Public Transit Authority or private or municipal school
				  bus companies;
10. The loss
				  involved a law enforcement officer, while in the course of his or her
				  employment for the state, city, or town police departments;
11. The loss or incident involved a
				  commercial vehicle driver, defined as the driver of a motor vehicle with a
				  gross weight in excess of ten thousand (10,000) pounds or a motor vehicle used
				  for public livery, while in the course of his or her employment, or
12. The loss or incident involved the
				  operator of an emergency vehicle falling within the scope of R.I. Gen. Laws
				  §
											45-19-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.9 - Reductions for Anti-Theft Devices

Current through June 14, 2024
A. Every insurer,
				  insuring motor vehicles which contain anti-theft devices, shall offer the
				  following minimum reductions in premium charges on comprehensive coverage:
1. Alarm Only Device- five percent (5%) --
				  Category 1.
2. Active Disabling
				  Device - five percent (5%) -- Category 2.
3. Passive Disabling Device - fifteen percent
				  (15%) -- Category 3.
4. Vehicle
				  Recovery System Device - twenty five percent (25%) -- Category 4.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.10 - Minimum Liability Coverage Limits

Current through June 14, 2024
Every owner's policy of liability insurance shall provide
					 against loss from the liability imposed by law for damages, including damages
					 for care and loss of services, because of bodily injury to or death of any
					 person and injury to or destruction of property arising out of the ownership,
					 maintenance, use, or operation of a specific motor vehicle or motor vehicles
					 within the State of Rhode Island or elsewhere in the United States, in North
					 America, or the Dominion of Canada, subject to a limit, exclusive of interest
					 and costs, with respect to each such motor vehicle of Twenty-Five Thousand
					 Dollars ($25,000) because of bodily injury to or death of one (1) person in any
					 one (1) accident, and subject to said limit for one (1) person, to a limit of
					 Fifty Thousand Dollars ($50,000) because of bodily injury to or death of two
					 (2) or more persons in any one (1) accident, and a limit of Twenty-Five
					 Thousand Dollars ($25,000) because of injury to or destruction of property of
					 others in any one (1) accident, or Seventy-Five Thousand Dollars ($75,000)
					 combined single limit.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.11 - Duration of Assessments

Current through June 14, 2024
The additive assessments resulting from the adoption of
					 this Part shall be included on new and renewal policies issued by insurers
					 doing business in the State of Rhode Island for a maximum of three (3) policy
					 years (using the anniversary date of the original coverage as the starting
					 point of such experience measuring period) following the date of accident,
					 conviction, pleading or a suspension of license.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.12 - Appeal

Current through June 14, 2024
Any dispute as to the applicability of assessments shall be
					 governed in accordance with the Division of Motor Vehicles requirement for
					 listing of accidents or convictions with the burden of proof resting upon the
					 owner or operator of the insured vehicle to show that (s)he falls within one of
					 the above mentioned exceptions.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 3 - Automobile Insurance Rating › Section 230-RICR-20-05-3.14 - 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 05 - Personal Lines - Automobile and Homeowners Insurance › Part 4 - Reinspection of Collision Damage Claims (230-RICR-20-05-4) › Section 230-RICR-20-05-4.1 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §
										27-10.1-9.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 4 - Reinspection of Collision Damage Claims (230-RICR-20-05-4) › Section 230-RICR-20-05-4.2 - Purpose

Current through June 14, 2024
The purpose of this Regulation is to permit insurers to
					 reinspect up to ten percent (10%) of all automobile insurance claims after
					 collision damage is repaired. Nothing in this Regulation shall preclude an
					 insurer from reinspecting more than ten percent (10%) of
					 claims
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 4 - Reinspection of Collision Damage Claims (230-RICR-20-05-4) › Section 230-RICR-20-05-4.3 - Definitions

Current through June 14, 2024
A. As used in this Regulation:
1. "Director" means the Director of Business
				  Regulation or his or her designee.
2. "Insurer" means all persons, firms,
				  corporations or associations authorized to offer automobile insurance in this
				  state.
3. "Collision Damage" means
				  loss to the insured's vehicle caused by its collision with other vehicle or
				  object or its upset, or damage caused by theft of the insured vehicle
				  regardless of the coverage under which the claim is paid..
4. "Claim" means a demand for payment of loss
				  by a claimant.
5. "First Party
				  Claim" means a demand for payment of loss made by an individual, corporation,
				  association, partnership, or other legal organization, under their own
				  insurance policy, arising out of the occurrence of the contingency or loss
				  covered by the policy
6. "Third
				  Party Claim" means a demand for payment made against another persons' insurance
				  policy
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 4 - Reinspection of Collision Damage Claims (230-RICR-20-05-4) › Section 230-RICR-20-05-4.4 - Reinspection of Collision Damage Claims

Current through June 14, 2024
A. Every insurer
				  authorized to offer automobile insurance in this state may reinspect up to ten
				  percent (10%) of all collision damage claims after any collision damage has
				  been repaired
B. The insurer may at
				  any time before a repaired vehicle is delivered to its owner, inform the auto
				  body repair shop, corporation, business, partnership, or person, which has
				  repaired the vehicle, of its intent to reinspect the vehicle.
C. Such reinspection shall not be performed
				  in a manner that interferes with the operation of the auto body repair shop and
				  shall occur no later than two (2) business days after the insurer is informed
				  by the auto body repair shop, corporation, business, partnership, or person
				  that has repaired the vehicle of is availability for reinspection
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 4 - Reinspection of Collision Damage Claims (230-RICR-20-05-4) › Section 230-RICR-20-05-4.5 - 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 5 - Pre-Inspection of Private Passenger Motor Vehicles (formerly Insurance Regulation 77) (230-RICR-20-05-5) › Section 230-RICR-20-05-5.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws §
										27-10.1-10
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 5 - Pre-Inspection of Private Passenger Motor Vehicles (formerly Insurance Regulation 77) (230-RICR-20-05-5) › Section 230-RICR-20-05-5.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to establish standards and
					 procedures for inspection of private passenger vehicles weighing less than ten
					 thousand (10,000) pounds prior to the issuance by insurers of Physical Damage
					 Coverage.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 5 - Pre-Inspection of Private Passenger Motor Vehicles (formerly Insurance Regulation 77) (230-RICR-20-05-5) › Section 230-RICR-20-05-5.3 - Scope

Current through June 14, 2024
The provisions of this Part shall apply to all private
					 passenger motor vehicle policies, unless an election to waive the requirements
					 of R.I. Gen. Laws §
										27-10.1-10, pursuant to §
										5.6   of this Part, is made by the insurer. If the election is made, no portion of
					 this Part is applicable to policies issued by the insurer that has made the
					 election. This Part does not apply to commercial motor vehicle
					 insurance
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 5 - Pre-Inspection of Private Passenger Motor Vehicles (formerly Insurance Regulation 77) (230-RICR-20-05-5) › Section 230-RICR-20-05-5.4 - Definitions

Current through June 14, 2024
A. For the purpose of this Part:
1. "Director" means the Director of Business
				  Regulation or his or her designee.
2. "Insurer" means all persons, firms,
				  corporations, or associations authorized to offer automobile insurance in this
				  state.
3. "Applicant" means the
				  named insured, as defined in the policy, or an applicant for a motor vehicle
				  insurance policy.
4. "Authorized
				  representative" means any person or legal entity, other than the applicant,
				  authorized by an insurer to conduct pre-insurance inspections pursuant to this
				  Part, and may include an employee of the insurer, or inspection
				  service.
5. "Producer" means a
				  person required to be licensed under the laws of this state to sell, solicit or
				  negotiate insurance.
6. "Inspection
				  service" means any person or legal entity, other than the applicant, which is
				  approved by the insurer to perform inspections required by this Regulation. In
				  determining whether to approve an inspection service, an insurer must take into
				  consideration the service's professionalism, efficiency, and cost
				  effectiveness.
7. "Physical damage
				  coverage" means the optional coverages in a policy for collision or
				  comprehensive (other than collision) coverages.
8. "Private passenger motor vehicle" means
				  any owned or leased four-wheeled motor vehicle, except vehicles which have a
				  gross weight equal to or in excess of ten thousand (10,000) pounds.
9. "Policy" means any insurance policy,
				  contract, or certificate under which a claim is made.
10. "Temporary substitute motor vehicle"
				  means any private passenger motor vehicle not owned by the applicant, which is
				  used by the applicant, with the permission of the owner, as a temporary
				  substitute due to breakdown, repair, servicing, loss or destruction of the
				  applicant's own motor vehicle.
11.
				  "Existing customer" means an applicant who has been insured for two (2) years
				  or longer, without interruption, under a private passenger motor vehicle policy
				  which includes Physical Damage Coverage, by the insurer to which the
				  application is submitted.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 5 - Pre-Inspection of Private Passenger Motor Vehicles (formerly Insurance Regulation 77) (230-RICR-20-05-5) › Section 230-RICR-20-05-5.5 - Inspection Requirements

Current through June 14, 2024
A. Unless an
				  election to waive the requirements of R.I. Gen. Laws §
										27-10.1-10, pursuant to §
										5.6    of this Part, is made by the insurer, no motor vehicle liability policy or
				  endorsement insuring a private passenger motor vehicle for Physical Damage
				  Coverage shall be issued in this state unless the insurer has inspected the
				  motor vehicle in accordance with this Part.
B. Unless an election to waive the
				  requirements of R.I. Gen. Laws §
										27-10.1-10, pursuant to §
										5.6    of this Part, is made by the insurer, Physical Damage Coverage shall not be
				  issued on an additional or replacement motor vehicle under an existing policy,
				  unless otherwise exempted, until the insurer has inspected the motor vehicle in
				  accordance with the Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 5 - Pre-Inspection of Private Passenger Motor Vehicles (formerly Insurance Regulation 77) (230-RICR-20-05-5) › Section 230-RICR-20-05-5.6 - Exemptions to Inspection Requirement

Current through June 14, 2024
A. An insurer may
				  elect to waive the applicability of this Part pursuant to R.I. Gen. Laws §
										27-10.1-10. If an insurer chooses
				  to elect waiver, the insurer shall deliver to the Insurance Division a written
				  notice that the election has been made. An insurer that files an election is
				  not subject to the provision of this Part. An insurer may, upon written notice
				  to the Insurance Division withdraw its election. If the election is withdrawn
				  the insurer must comply with all provisions of this Part. The withdrawal of the
				  election shall require compliance with the Part for all policies issued after
				  the date of withdrawal.
B. The
				  requirement of an inspection shall not apply to the following:
1. a new, unused motor vehicle, including
				  demonstration vehicles, from an automobile dealership where the insurer is
				  provided with either:
a. a copy of the bill
				  of sale which contains a full description of the motor vehicle, including all
				  options and accessories; or
b. a
				  copy of the window sticker or the dealer invoice showing the itemized options
				  and equipment in addition to the total retail price of the vehicle.
c. The Physical Damage Coverage on such new,
				  unused motor vehicle, including demos, shall not be suspended during the term
				  of the policy due to the applicant's failure to provide the required documents.
				  Payment of a claim, however, may be conditioned upon the receipt by the insurer
				  of such documents, and no physical damage loss occurring after the effective
				  date of the coverage shall be payable until the documents are provided to the
				  insurer. If the above documents are not submitted by the applicant at least
				  sixty (60) days prior to the applicant's annual renewal date, the insurer,
				  before renewing the Physical Damage Coverage, must require an inspection as set
				  forth in this Part.