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 5 - Pre-Inspection of Private Passenger Motor Vehicles (formerly Insurance Regulation 77) (230-RICR-20-05-5) › Section 230-RICR-20-05-5.7 - Waiver of Inspection

Current through June 14, 2024
A. An insurer may
				  waive an inspection under any of the following circumstances
1. If the insurer has filed an election to
				  waive all inspections pursuant to §
											5.6   of this Part.
2. for policies which include Physical Damage
				  Coverage on vehicles which are six (6) or more years old; or
3. when an individual applicant's coverage is
				  being transferred by a producer to a new insurer and the producer provides the
				  new insurer with a copy of the inspection report completed on behalf of the
				  previous insurer, provided the producer represents both insurers, and the
				  insured vehicle was physically inspected by the previous insurer. However, if
				  the new insurer does not receive a copy of the inspection report sixty (60)
				  days prior to the first annual renewal date, the insurer must, before renewing
				  physical damage insurance, require an inspection as set forth in this
				  Part.
4. when the applicant is an
				  existing customer who has not had a total loss due to theft or fire in the
				  preceding two (2) years.
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-20-05-5.8 - Deferral of Inspection

Current through June 14, 2024
A. An insurer may
				  defer an inspection for ten (10) business days following coverage being bound
				  or the effective date of coverage, whichever is earlier, for a new policy or
				  for inclusion of additional or replacement vehicles to an existing
				  policy.
B. When an inspection is
				  deferred an insurer, through its producer, shall either:
1. if the applicant applied for coverage in
				  person, immediately obtain the prescribed acknowledgment (Form D provided in a
				  Bulletin issued for the purpose of designating the forms required to be used by
				  this Part) signed by the applicant, or
2. if the applicant has applied for coverage
				  either by mail, by phone, or electronically, immediately orally confirm
				  Physical Damage Coverage and remind the applicant of the inspection requirement
				  on a prescribed notice letter (Form B provided in a Bulletin issued for the
				  purpose of designating the forms required to be used by this Part). The Form B
				  notice must be mailed or delivered to the insured within three (3) business
				  days following the effective date of coverage being bound or the effective date
				  of coverage, whichever is earlier.
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-20-05-5.9 - Standards and Procedures for Inspections

Current through June 14, 2024
A.
				  Inspections required or permitted pursuant to this Part shall be made by a
				  designated authorized representative of the insurer at a time and place
				  reasonably convenient to the applicant.
B. The inspection shall:
1. Be recorded on a form which contains, as a
				  minimum, the information described on the Motor Vehicle Pre-Inspection Report
				  (Form A provided in a Bulletin issued for the purpose of designating the forms
				  required to be used by this Part);
2. Include two (2) color photographs of the
				  motor vehicle, taken as directed on the inspection report, which shall be
				  attached to the report;
3. Include
				  a close-up color photograph (using a special camera attachment if necessary)
				  showing the Vehicle Identification Number (VIN) located on the Environmental
				  Protection Agency/Federal Certification Label (EPA) sticker affixed to the
				  driver's side door jamb. The photograph must be of sufficient clarity that the
				  information contained on the EPA sticker and VIN is legible. If the EPA sticker
				  is damaged, faded, missing, or otherwise not legible, a photograph of the EPA
				  sticker or of the area of the door jamb where the sticker is normally located,
				  is still required.
4. Include any
				  additional photographs, taken at the discretion of the authorized
				  representative, showing any damaged areas. Such photographs shall also be
				  attached to the report.
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-20-05-5.10 - Standards for Suspension of Physical Damage Coverages

Current through June 14, 2024
A. Unless the insurer has elected to waive
				  all inspections pursuant to §
										5.6   of this Part or inspection of the
				  specific vehicle pursuant to §
										5.7   of this Part, if the inspection is not
				  conducted prior to the expiration of the ten (10) business day deferral period,
				  motor vehicle Physical Damage Coverage on the motor vehicle shall be suspended
				  at 12:01 a.m. of the day following the tenth business day, and such suspension
				  shall continue until the inspection is done. The insurer must inspect the motor
				  vehicle and reinstate Physical Damage Coverage (effective at the time of the
				  inspection) if the applicant thereafter requests an inspection.
B. Whenever Physical Damage Coverage is
				  suspended, the insurer shall within three (3) business days give notice to the
				  applicant, the producer of record, and any lienholders a completed prescribed
				  NOTICE OF SUSPENSION OF PHYSICAL DAMAGE COVERAGE (Form C provided in a Bulletin
				  issued for the purpose of designating the forms required to be used by this
				  Part). The insurer shall complete a certificate of mailing of the suspension to
				  the applicant and shall retain the certificate and a copy of the suspension in
				  the applicant's policy record.
C.
				  Whenever there is a suspension of Physical Damage Coverage for more than ten
				  (10) days, the insurer shall make a pro-rata premium adjustment (return premium
				  or credit) which shall be mailed to the applicant no later than forty-five (45)
				  days after the effective date of the suspension. After the insurer makes the
				  pro-rata premium adjustment, reinstatement of Physical Damage Coverage shall
				  only be effective upon inspection and payment by the applicant to the insurer
				  of the adjusted premium for the Physical Damage Coverage in full or in
				  accordance with the insurer's normal payment plan, at the insurer's
				  option.
D. If the motor vehicle is
				  not inspected pursuant to this Part due to the fault of the insurer, or if its
				  producer fails to give the verbal or telephone notice required by this Part, or
				  fails to mail or deliver the NOTICE OF MANDATORY PRE-INSPECTION REQUIREMENT
				  (Form B provided in a Bulletin issued for the purpose of designating the forms
				  required to be used by this Part) or obtain the ACKNOWLEDGMENT OF REQUIREMENTS
				  FOR PRE-INSPECTION INSPECTION (Form D provided in a Bulletin issued for the
				  purpose of designating the forms required to be used by this Part), Physical
				  Damage Coverage on the motor vehicle shall not lapse. The failure of the
				  insurer to act promptly does not relieve it of its obligation to
				  inspect.
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-20-05-5.11 - Records

Current through June 14, 2024
Unless a waiver has been made pursuant to §
										5.6   of this
					 Part, insurers shall maintain records as to the costs and savings related to
					 this Part and shall make such records available to the Director upon
					 request.
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-20-05-5.12 - 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 6 - Procedures in Payment of Automobile Damage Claims (230-RICR-20-05-6) › Section 230-RICR-20-05-6.1 - AUTHORITY

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										27-10.1-6 and
					 42-14-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 6 - Procedures in Payment of Automobile Damage Claims (230-RICR-20-05-6) › Section 230-RICR-20-05-6.2 - PURPOSE

Current through June 14, 2024
The purpose of this Regulation is to clarify insurers'
					 obligations with regard to requests for payment to unlicensed automobile body
					 shops and to prescribe the language of a warning to consumers that choose to
					 accept the value of automobile damage rather than have the automobile
					 repaired.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 6 - Procedures in Payment of Automobile Damage Claims (230-RICR-20-05-6) › Section 230-RICR-20-05-6.3 - DEFINITIONS

Current through June 14, 2024
A. For the purpose of this Regulation:
1. "Automobile Body Shop" means an auto body
				  shop as defined in R.I. Gen. Laws §
											5-38-1.
2. "Consumer" means a person or entity making
				  a claim under an insurance policy issued in the State of Rhode
				  Island.
3. "Director" means the
				  Director of Business Regulation or his or her designee.
4. "Insurer" means any person engaged in the
				  business of property and casualty insurance.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 6 - Procedures in Payment of Automobile Damage Claims (230-RICR-20-05-6) › Section 230-RICR-20-05-6.4 - PROCEDURES IN PAYMENT OF AUTOMOBILE DAMAGE CLAIMS

Current through June 14, 2024
A. Any
				  insurer that settles a property damage claim arising out of an insurance policy
				  issued in the State of Rhode Island in which the consumer requests to receive
				  payment directly rather than have the automobile repaired, shall inform the
				  consumer of the following prior to or contemporaneously with payment of the
				  claim:
1. "If you do not repair all or part
				  of the damages allowed by the insurer, and you have a subsequent loss, previous
				  damage may affect the subsequent loss. If you subsequently repair the damage,
				  you should notify the insurer. The insurer may elect to inspect your
				  automobile. No insurer or its representative may make payment on a claim to an
				  automobile body shop if the shop is required to be but is not licensed in
				  accordance with R.I. Gen. Laws §
											5-38-1 et seq."
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 7 - Automobile Theft and Insurance Fraud Assessment (230-RICR-20-05-7) › Section 230-RICR-20-05-7.1 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										31-50-4 and
					 42-14-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 7 - Automobile Theft and Insurance Fraud Assessment (230-RICR-20-05-7) › Section 230-RICR-20-05-7.2 - Purpose

Current through June 14, 2024
The purpose of this Regulation is to set forth the method
					 by which payments made to fund The Office of Automobile Theft and Insurance
					 Fraud are to be implemented
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 7 - Automobile Theft and Insurance Fraud Assessment (230-RICR-20-05-7) › Section 230-RICR-20-05-7.3 - 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 write automobile insurance in this
				  state.
3. "Superintendent" means
				  the Superintendent of the State Police.
4. "Market Share" means an insurer's
				  percentage share of the total of the automobile liability and physical damage
				  written premiums in this state in a calendar year.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 7 - Automobile Theft and Insurance Fraud Assessment (230-RICR-20-05-7) › Section 230-RICR-20-05-7.4 - Method of Funding

Current through June 14, 2024
A. At such times as
				  deemed appropriate by the Director, each insurer shall be notified in writing
				  by the Department of Business Regulation of the amount owed which amount shall
				  be
1. based upon the insurer's most recently
				  determinable annual percentage market share on or before March 1 of each year,
				  and
2. equal to one ($1) dollar
				  times the total of registrations of vehicles having a gross weight of ten
				  thousand (10,000) pounds or less, as determined by the Director.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 7 - Automobile Theft and Insurance Fraud Assessment (230-RICR-20-05-7) › Section 230-RICR-20-05-7.5 - Payments

Current through June 14, 2024
All amounts payable pursuant to §
										7.4   of this Part
					 shall be remitted by the insurer within thirty (30) days of receipt of the
					 written notification by the Department of Business Regulation of the amount
					 owed. All payments shall be made by check payable to the General Treasurer,
					 delivered to the Superintendent.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 7 - Automobile Theft and Insurance Fraud Assessment (230-RICR-20-05-7) › Section 230-RICR-20-05-7.6 - Failure to Comply

Current through June 14, 2024
Any insurer who fails to pay the amount owed pursuant to
					 §
										7.4   of this Part may be subject to suspension or revocation of its
					 license.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 7 - Automobile Theft and Insurance Fraud Assessment (230-RICR-20-05-7) › Section 230-RICR-20-05-7.7 - Severability

Current through June 14, 2024
If any section, term, or provision of this Regulation
					 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 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										27-9-43 and
					 3133-8.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.2 - Purpose

Current through June 14, 2024
A. The purpose of this Part is to:
1. Make automobile insurance available to
				  eligible applicants who have been unable to secure such insurance in the
				  voluntary market;
2. Establish the
				  parameters under which insurers writing automobile insurance in Rhode Island
				  will satisfy their obligation to provide for assigned risk policies;
3. Authorize the Plan to establish rates for
				  insurance as authorized pursuant to R.I. Gen. Laws §§
											27-9-41 and
				  31-33-8;
4. Provide that amounts assessed by the Plan
				  on Insurers may be included in the data used by those Insurers in the
				  development of automobile insurance rates for voluntary business; and
5. Provide the Plan with the
				  authority to issue policies on its own account as detailed in this Part and the
				  Plan of Operation adopted by the Insurers.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				  this Part:
1. "Assigned risk" means those
				  policies issued by the Plan to eligible applicants who have been unable to
				  secure such insurance in the voluntary market.
2. "Department" means Department of Business
				  Regulation, Division of Insurance.
3. "Governing committee" means the body
				  established by the Plan of Operation to administer the Plan and to perform the
				  duties as outlined in the Plan of Operation.
4. "Insurer" means any licensed insurance
				  company writing automobile insurance in this State which is required because of
				  licensure to participate in the assigned risk plan in accordance with R.I. Gen.
				  Laws §§
											27-9-43 and
				  31-33-8.
5. "Plan" means the Rhode Island Automobile
				  Insurance Plan.
6. "Plan of
				  operation" means that plan adopted by Insurers required to participate in the
				  automobile assigned risk plan by the provisions of R.I. Gen. Laws §§
											27-9-43 and
				  31-33-8 and submitted to and
				  approved by the Department which shall serve as the basis for the issuance and
				  managing of insurance issued by the Plan.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.4 - Allocation of Plan Expenses and Losses

Current through June 14, 2024
A. R.I. Gen. Laws
				  §
										27-9-4 provides in relevant part
				  that, in making of rates, past and prospective loss experience and past and
				  prospective expenses shall be given due consideration. This includes the
				  amounts assessed by the Plan to provide the Plan's operating expenses and to
				  cover any net losses sustained by the Plan in the issuance of assigned risk
				  insurance as authorized by this Part.
B. Assessments by the Plan for operating
				  expenses or to cover any net losses, paid by Insurers, are considered as an
				  expense of doing business in Rhode Island, and such expense may be considered
				  in the development of rates for voluntary business.
C. The Plan of Operation will identify how
				  the Plan will apportion the expenses of operation and losses of assigned risk
				  policies among licensed Insurers writing in the Rhode Island market. All
				  Insurers must pay their apportionment to continue to issue automobile insurance
				  in 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 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.5 - Rate Adjustment

Current through June 14, 2024
The Plan's operations may indicate a need for adjustment of
					 its rates. It is the responsibility of the Plan to file as needed with the
					 Department to adjust such rates, and when it does so, to supply such
					 evidentiary material to the Department as the Department needs in its
					 review.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.6 - Authority to Issue Assigned Risk Automobile Insurance Policies

Current through June 14, 2024
A. The Plan shall be authorized to:
1. Issue insurance policies in the name of
				  the Plan for risks eligible pursuant to the Plan of Operation;
2. Investigate and adjust all claims under
				  policies issued, defend all policyholders, pay losses, hold reserves and
				  perform all such functions as are usual in servicing such policies;
3. Issue assessments to Insurers doing
				  business in Rhode Island and make referrals to the Department if such
				  assessments are not paid; and
4.
				  Otherwise incur expenses consistent with the purposes of the Plan.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.7 - 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 8 - Rhode Island Automobile Insurance Plan (formerly Insurance Regulation 98) › Section 230-RICR-20-05-8.8 - Effective Date

Current through June 14, 2024
This Part shall be effective for all assigned risk
					 insurance policies issued on or after January 1, 2019. All assigned risk
					 insurance policies issued prior to that date shall be governed by the former
					 Insurance Regulation 98.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										42-128.1-9,
					 42-14-17 and
					 42-35-3.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.2 - Purpose and Applicability

Current through June 14, 2024
A. The purpose of
				  this Part is to establish a uniform policy regarding lead poisoning coverage in
				  pre-1978 residential rental property liability insurance and to set forth
				  requirements to assure the availability of insurance coverage for losses and
				  damages caused by lead poisoning.
B. This Part applies to liability coverage
				  written by licensed carriers on all pre-1978 residential rental properties.
				  This Part does not apply to excess or umbrella coverage or coverage written,
				  pursuant to R.I. Gen. Laws Chapter 27-3 and Part 11 of this Subchapter by
				  approved surplus lines insurers.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.3 - Definitions

Current through June 14, 2024
A. "Act" means the Insurance Coverage portion
				  of the Lead Hazard Mitigation Act codified at R.I. Gen. Laws §
										42-128.1-9.
B. "Compliant rental property(ies)" means any
				  pre-1978 residential rental property for which any one of the alternative
				  methods of Prima Facie Evidence of Compliance can be produced by the owner of
				  the property.
C. "Department" means
				  the Rhode Island Department of Business Regulation.
D. "Dwelling" or "Dwelling unit" means an
				  enclosed space used for living and sleeping by human occupants as a place of
				  residence, including but not limited to, a house, an apartment, or
				  condominium.
E. "FAIR plan" means
				  the basic property insurance and placement program established by R.I. Gen.
				  Laws Chapter 27-33 and Part 11 of this Subchapter.
F. "Lead liability" means the legal liability
				  of owners of dwellings for losses to third parties arising from exposure to
				  lead.
G. "Lead liability coverage"
				  means an insurance policy providing coverage to an insured for that insured's
				  Lead Liability.
H. "Lead poisoning"
				  means a confirmed venous blood lead level measured in micrograms of lead per
				  deciliter of whole blood, established by rule of the Rhode Island Department of
				  Health.
I. "Liability coverage"
				  means any insurance policy providing coverage for the legal liability of owners
				  of Rental Properties for losses to third parties.
J. "Non-Compliant rental property(ies)" means
				  any pre-1978 residential rental property for which none of the alternative
				  methods of Prima Facie Evidence of Compliance can be produced by the owner of
				  the property.
K. "Prima facie
				  evidence of compliance" means a certificate issued pursuant to the provisions
				  of R.I. Gen. Laws §
										42-128.1-4.
L. "Rental property(ies)" means pre-1978
				  premises containing dwelling unit(s) that are let, leased or rented to
				  person(s) for the purposes of living, sleeping, cooking, or eating
				  therein.
M. "Stand alone lead
				  liability coverage" means an insurance policy which provides coverage only for
				  the legal liability of owners of dwellings for losses to third parties arising
				  from exposure to lead.
N. "Surplus
				  lines broker" means a person or corporation licensed by the Department pursuant
				  to R.I. Gen. Laws §§
										27-3-38 through 42 to place
				  insurance with approved surplus lines insurers.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.4 - Policy Exclusions for Lead Poisoning

Current through June 14, 2024
A. Any policy
				  form approved by the Department prior to the effective date of this Part which
				  excludes liability coverage for Lead Poisoning, shall terminate on October 31,
				  2005.
B. As of November 1, 2005,
				  if a liability policy is issued insuring a Compliant Rental Property then
				  coverage for Lead Poisoning shall be included in the policy. Notwithstanding
				  any other provision in this Part, if a Rental Property is Non-Compliant,
				  coverage for Lead Liability may be excluded by an endorsement in accordance
				  with R.I. Gen. Laws §
										42-128.1-9 and this Part,
				  including a previously approved endorsement that would otherwise be terminated
				  by the first sentence of this section.
C. Insurers and insurance producers are
				  encouraged to insert mailers, produced and made accessible in electronic format
				  by the Housing Resources Commission or the Department of Health, with renewal
				  notices sent to insureds to which this Part applies.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.5 - Prospective Application and Notification to Insureds with Exclusions

Current through June 14, 2024
A. This statute does not provide or
				  contemplate a retrospective application and will only be applied prospectively.
1. Therefore, if an in-force policy has an
				  approved exclusion in place prior to October 31, 2005, this exclusion will
				  remain in effect until the expiration or other permissible termination of the
				  policy.
2. Any policy issued,
				  delivered or renewed after October 31, 2005 must follow R.I. Gen. Laws §
											42-128.1-9.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.6 - Insurance Coverage for Lead Poisoning in Compliant Properties

Current through June 14, 2024
A. With respect to Compliant Rental
				  Properties, insurers issuing commercial and personal lines liability insurance
				  policies covering Rental Properties are not permitted to insure said Rental
				  Property against liability risks and refuse to issue Lead Liability Coverage if
				  the property owner provides any form of Prima Facie Evidence of Compliance as
				  defined herein.
B.
										§
										9.6(A)   of
				  this Part applies to all Compliant Rental Properties regardless of whether the
				  property owner was required to obtain Prima Facie Evidence of Compliance or was
				  exempted pursuant to R.I. Gen. Laws §
										42-128.1-8. Therefore, if an owner
				  of an exempt Rental Property voluntarily obtains Prima Facie Evidence of
				  Compliance, the owner must be offered lead liability insurance in the same
				  manner as if the owner was required to obtain the Prima Facie Evidence of
				  Compliance pursuant to R.I. Gen. Laws §
										42-128.1-8.
C. R.I. Gen. Laws §
										42-128.1-9 does not restrict an
				  insurer's ability to establish and utilize underwriting guidelines. An insurer
				  may refuse to issue insurance for a Rental Property even if the property owner
				  provides any form of Prima Facie Evidence of Compliance. Such refusal must be
				  in accordance with the insurers' underwriting guidelines, §
										9.6(A)   of this
				  Part and not in violation of any other insurance laws and/or regulations
				  including but not limited to R.I. Gen. Laws Chapter 27-29 which restricts
				  insurers from declining risks based upon age or geographic location.
D. If the policy provides lead liability
				  coverage and further provides that coverage ceases during the policy term
				  should the property become non-compliant during that period, insurers shall
				  provide the following Notice on initiation and each renewal of the policy. The
				  Notice must be in at least 16-point type and must be clearly identifiable by
				  the insured. The written Notice shall provide the following in the language
				  below or in substantially similar language:
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Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.7 - Insurance Coverage for Lead Poisoning in Non-Compliant Properties

Current through June 14, 2024
A. With respect to Non-Compliant Rental
				  Properties including exempted residential rental properties as set forth in
				  R.I. Gen. Laws §
										42-128.1-8(e), an
				  insurer issuing commercial and personal lines liability policies may decline to
				  insure the Non-Compliant Rental Property against liability risks or may accept
				  general liability coverage but reject that portion of the risk related to Lead
				  Liability Coverage.
B. If the
				  insurer declines to issue coverage for Lead Liability, the insurer must assist
				  the insured in placing Lead Liability coverage through the FAIR Plan. The
				  insurer's duty to assist the insured in placing the insurance through the FAIR
				  Plan may be accomplished by providing a written notice to the insured either
				  directly by the insurer or through one of the insurer's own agents or brokers,
				  in at least 16-point type, clearly stating that the policy coverage does not
				  include Lead Liability and that the insured is eligible for Lead Liability
				  coverage through the FAIR Plan unless otherwise ineligible as provided in
				  §
										9.11   of this Part. The notice must be clearly identifiable by the
				  insured. The notice must provide information on how to contact the FAIR Plan,
				  including address and telephone number(s), including a toll free number. The
				  notice must also comply with Subchapter 20 Part 1 of this Chapter and
				  Subchapter 05 Part 14 of this Chapter, where applicable. Such written notice
				  shall be given on each renewal of the policy, unless the insurer decides to
				  accept the Lead Liability Coverage.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.8 - Limits of Coverage

Current through June 14, 2024
A. For Compliant
				  Properties, if Lead Liability is included in the policy coverage pursuant to
				  the requirements of this Part and R.I. Gen. Laws §
										42-128.1-9, the coverage must be
				  equal to the underlying policy limits of Liability Coverage for personal
				  injury/bodily injury coverage. Such coverage is not severable by either the
				  insured or the insurer.
B. With
				  regard to Non-Compliant Rental Properties, if an insurer offers Lead Liability
				  in the policy coverage pursuant to the requirements of this Part and R.I. Gen.
				  Laws §
										42-128.1-9, the coverage offered
				  must be equal to the underlying policy limits of Liability Coverage for
				  personal injury/bodily injury coverage. For Non-Compliant rental properties,
				  Lead Liability coverage is severable from general liability at the discretion
				  of the insured or the insurer as long as the requirements of §
										9.7   of this
				  Part 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 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.9 - Rates and Forms for Lead Coverage

Current through June 14, 2024
A. Insurers
				  shall file with the Department rates for Lead Liability Coverage for approval.
				  The rates filed shall not be excessive, inadequate or unfairly discriminatory
				  and shall give consideration to the standards set forth in R.I. Gen. Laws
				  §
										42-128.1-9(e).
				  Approval from the Department must be obtained before the rates may be
				  used.
B. Insurers shall file with
				  the Department the proposed language of endorsements for Lead Liability
				  exclusions for Non-Compliant properties. Approval from the Department must be
				  obtained before the form may be used.
C. Insurers shall file rates and forms for
				  proposed coverage and endorsements no later than October 1, 2003. Subsequent to
				  initial approval, all changes to rates and/or forms must be filed with and
				  approved by the Department before being used.
D. Insurers that qualify for an exemption
				  from filing requirements pursuant to R.I. Gen. Laws §§
										27-65-1(a)(2), (3) or
				  (4) are subject to this Part and shall make
				  the filings required hereunder.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.10 - Information to be Filed with the Department

Current through June 14, 2024
A. Each
				  insurer writing liability insurance for Rental Properties in Rhode Island shall
				  file with the Department annually, prior to February 1 of each year, a report
				  detailing the following information with regard to personal and commercial
				  lines for the prior calendar year. The insurer shall utilize the "Information
				  Concerning Lead Liability Coverage" set forth in a bulletin issued for that
				  purpose.
1. The number of policies in force
				  covering Rental Properties for which the insurer wrote any Liability Coverage
				  and the total direct written premium for the liability coverage
				  provided;
2. The number of policies
				  in force covering Rental Properties for which the insurer wrote liability
				  coverage and excluded Lead Liability Coverage by endorsement and the total
				  direct written premium for the liability coverage provided;
3. The number of Rental Properties for which
				  notice of eligibility to the FAIR Plan was given by the insurer;
4. The average premium for policies including
				  Lead Liability Coverage;
5. The
				  average premium for policies excluding Lead Liability Coverage;
6. Claim information including the number of
				  claims made, settlements or judgments under Lead Liability Coverage and the
				  total amount of payments made for Lead Liability during the calendar
				  year;
7. Disclosure of underwriting
				  rules restricting business based upon age or geographic location of the risk
				  and the legal basis for said rule; and
8. Identification of the type(s) of Prima
				  Facie Evidence of Compliance which the insurer is accepting for Compliant
				  Rental Properties.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.11 - Property Owners who are Ineligible for Lead Liability Coverage

Current through June 14, 2024
A. The FAIR Plan is not required to issue
				  Lead Liability Coverage to any property owner who fails to remediate the
				  property after a notice of violation issued subsequent to October 31, 2005.
B. If a notice of violation is
				  issued subsequent to October 31, 2005 and the property owner has not brought
				  the property into compliance within ninety (90) days of the issuance of the
				  notice, any insurance policy issued to that property owner shall be subject to
				  cancellation and/or non-renewal.
C. If a residential rental property owner
				  owns only one (1) property and has one (1) unremediated dwelling unit at which
				  a child was poisoned prior to November 1, 2005, that property owner shall be
				  ineligible for Lead Liability Coverage. If a residential rental property owner
				  owns more than one (1) property and has more than two (2) unremediated dwelling
				  units at which a child was poisoned prior to November 1, 2005, that property
				  owner shall be ineligible for Lead Liability Coverage.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.12 - FAIR Plan

Current through June 14, 2024
A. The FAIR Plan
				  shall be obligated to provide Lead Liability Coverage not only for
				  Non-Compliant Rental Properties but also for Compliant Rental Properties either
				  through its own homeowners or dwelling liability policies or a Stand Alone Lead
				  Liability policy. The FAIR Plan shall be permitted to use reasonable
				  underwriting guidelines as approved by the Department to underwrite the
				  property. The Stand Alone Lead Liability policy and the underwriting guidelines
				  shall be in accordance with Subchapter 05 Part 11 of this Chapter.
B. Subject to the provisions of §
										9.11   of
				  this Part, if requested by a residential rental property owner, the FAIR Plan
				  will offer Stand Alone Lead Liability policies to property owners whose
				  policies exclude coverage for lead liability. This includes policies issued
				  prior to November 1, 2005.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 9 - Insurance Coverage for Lead Poisoning (formerly Insurance Regulation 101) (230-RICR-20-05-9) › Section 230-RICR-20-05-9.13 - 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 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.1 - Authority

Current through June 14, 2024
This Regulation is promulgated in accordance with R.I. Gen.
					 Laws §§
										27-29-4.4 and
					 42-14-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.2 - Purpose

Current through June 14, 2024
The purpose of this Regulation is to implement the
					 provisions of R.I. Gen. Laws §
										27-29-4.4.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.3 - Applicability

Current through June 14, 2024
A. Each insurer that writes one percent (1%)
				  or more of the total premium volume of Motor Vehicle Liability Insurance during
				  the immediately preceding calendar year shall conduct an auto body labor rate
				  survey in accordance with R.I. Gen. Laws §
										27-29-4.4 and this Part.
B. Insurers writing less than one
				  percent (1%) of the total premium volume of Motor Vehicle Liability Insurance
				  during the immediately preceding calendar year shall determine a prevailing
				  auto body labor rate either by conducting an auto body labor rate survey in
				  accordance with R.I. Gen. Laws §
										27-29-4.4 or negotiating the
				  payment of auto body labor rates with each licensed Full Collision Repair Auto
				  Body Facility.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.4 - Definitions

Current through June 14, 2024
A. As used in this Regulation:
1. "Auto body labor rate survey" means an
				  analysis of information gathered from auto body repair shops regarding the
				  rates of labor that repair shops charge in a certain geographic area.
2. "Contract rate" means any labor rate to
				  which an auto body repair facility and an insurer have agreed in a formal
				  agreement and/or written contract.
3. "Department" means the Department of
				  Business Regulation, Insurance Division.
4. "Full collision repair auto body
				  facilities" means those facilities designated as such in Part 30-05-2 of this
				  Title.
5. "Motor vehicle liability
				  insurance" means those lines of insurance reported by the insurer in an
				  insurers' annual statement as other private passenger auto liability, other
				  commercial auto liability, private passenger auto physical damage, and
				  commercial auto physical damage.
6.
				  "Insurance group" means a number of insurers within a holding company who are
				  assigned a single group code by the National Association of Insurance
				  Commissioners.
7. "Prevailing auto
				  body labor rate" means the rate determined and set by an insurer as a result of
				  conducting an auto body labor rate survey and used by insurers as a basis for
				  determining the cost to settle automobile property damage claims.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 10 - Auto Body Labor Rate Survey (230-RICR-20-05-10) › Section 230-RICR-20-05-10.5 - Determination of Market Share

Current through June 14, 2024
The percentage of premium volume of Motor Vehicle Liability
					 Insurance for the preceding calendar year will be determined by the Department
					 in accordance with the premium reported in an insurers' annual statement.
					 Insurers may choose to survey on an Insurance Group basis. If so, one
					 questionnaire may be sent for the Insurance Group indicating all of the
					 insurers within that group writing Motor Vehicle Liability Insurance in Rhode
					 Island. The one percent (1%) premium volume may be reached either by an
					 individual insurer or by an Insurance Group whose writings reach one percent
					 (1%) or more when combined.