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Life and Health News March 2024
Life and Health News
March 2024
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations, and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
AFFORDABLE CARE ACT
Maryland published a bulletin providing carriers with information and guidance regarding updated filing requirements for ACA and Small Employer form filings, effective 01/01/25. Bulletin 24-4
ANNUITIES / ANNUITY CONTRACTS
Vermont adopted a regulation regarding suitability in annuity transactions. DFR Regulation 1-2023-01 s 1+
CLAIMS / CLAIMS ISSUES
Colorado adopted a new regulation requiring that all carriers offering health benefit plans cover Respiratory Syncytial virus (RSV) Immunizations with no cost sharing. Regulation 4-2-98
Texas amended provisions concerning extensions of time frame requirements for providers and health plans regarding claim submissions and payments. 28 TAC s 21.2819
CYBERSECURITY
Maryland published a bulletin notifying carriers of the online method to be used to file the Information Security Program Certification. Carriers required to file the certification must do so by April 15, 2024. Bulletin 24-6
DENTAL INSURANCE
Wisconsin enacted legislation giving an insured the right to assign benefits directly to a provider of dental care or related services. AB 62
DEPARTMENT OF INSURANCE
Arkansas adopted new rules establishing formal and informal procedures governing the activities of the insurance department. Rule 125
EXCEPTED BENEFITS
Virginia's Bureau of Insurance issued guidance for carriers regarding wellness benefits in or attached to excepted benefits policies. Notice dated January 25, 2024
FILINGS: HEALTH
Maryland issued a bulletin providing guidance to carriers when making form and rate filings for student health plans for the 2024-2025 school year. Bulletin 24-1
FINANCIAL REGULATION
Arkansas published notice of adoption of the NAIC Accounting Practices and Procedures manual as of March 2024. Domestic reporting entities are advised to use the updated manual for reporting of the Annual Statement as of 12/31/24. Bulletin 1-2024
GUARANTY ASSOCIATION
Missouri has revised Appendix One to the Guaranty Association act to update the address of the Missouri Life and Health Insurance Guaranty Association. CSR 400-5.600
HEALTH CARE EXCHANGE / MARKETPLACE
Federal Departments of Labor, Health and Human Services (HHS) and Treasury issued FAQs regarding the Transparency in Coverage Final Rules. These rules require plans to provide cost-sharing information for a covered item or service in connection with in-network providers or an out-of- network allowed amount. CMS FAQ dated February 2, 2024
HEALTH INSURANCE - COMPREHENSIVE
New York amended insurance law to require health insurance policies to cover biomarker precision medical testing for the diagnosis, treatment, management and ongoing monitoring of an insured's disease or condition when the test has recognized efficacy and appropriateness. AB 8502
HOLDING COMPANIES
South Dakota amended its Insurance Holding Company law to require the ultimate controlling person to file an annual group capital calculation and the results of a specific year's liquidity stress test, among other changes. HB 1059
LICENSING
LIFE INSURANCE / LIFE CONTRACTS
New York amended its insurance law regarding wellness programs offered by life insurers. The law adds a description of a required disclosure to be provided at or prior to the time of application. AB 8504
MEDICARE SUPPLEMENT INSURANCE
Kentucky published notice of a new law applying to Medicare Supplement policies. The law provides new open enrollment periods and a guaranteed issue period referred to as the "birthday rule." The birthday rule requires companies to provide guaranteed issue rights, once each year, to applicants who apply for the same plan (but with a different insurer) and submit the application within 60 days of their birthday. Notice Dated January 24, 2024
Oklahoma's Insurance Commissioner informed Medicare Supplement carriers of new enrollment requirements for Medicare supplement issuers. Notice dated February 27, 2024
Virginia amended its Medicare Supplement Policies Rule by expanding the definition of disability as a reason for eligibility for Medicare, establishing a 6-month period to enroll and setting premium rate limits. 14 VAC 5-170-75
MENTAL HEALTH PARITY
California adopted amendments to its Mental Health Parity regulations. Changes are intended to clarify the requirements of health plans as they pertain to mental health and substance abuse coverage and provide better disclosure to consumers. 1300.74.72
Delaware re-issued a bulletin reminding insurers of the requirement to cover annual behavioral well-checks. Domestic-Foreign Insurers Bulletin 134 (Reissued)
Georgia published a bulletin notifying carriers of the requirement to submit data on mental health parity and addiction equity on an annual basis. The directive includes instructions for submitting the reports. Directive 24-EX-1
MISCELLANEOUS
California enacted amendments to its code of civil procedure as it relates to certain initial disclosures, the timing of those disclosures and providing for exemptions and sanctions. SB 235
New Mexico's Superintendent of Insurance announced on February 20, 2024, that its OSI eDocket system has been fully recovered from the September 2023 Cyber incident and is now fully accessible. Web update of February 20, 2024
MISCELLANEOUS HEALTH / ACCIDENT
Arkansas passed a new rule to establish an audit process to insure health benefit plans calculate the proper amounts under the No Surprises Act. Rule 69
Michigan issued a bulletin reminding insurers issuing health insurance of the requirement to provide coverage for cancer therapies that meet the criteria of MCL 500.3406e. Bulletin 2024-01-INS
Oregon's Insurance Commissioner provided guidance to insurers who write Short Term Disability policies in light of the recent implementation of the Paid Leave Oregon program. Bulletin DFR 2024-1
PRE-NEED CONTRACTS
Oklahoma's Insurance Department updated the maximum amount of principal allowed for non-specified pre-paid funeral benefit contracts from $20,000 to $28,670 to incorporate the previous year's increase in the national Consumer Price Index. Bulletin 2024-01
REPORTS - DATA CALLS & OTHER REPORTS
Maryland published a bulletin notifying carriers of an extension of the deadline to file non-quantitative treatment limitation analysis (NQTL) reports and data reports. Due to newly proposed legislation which could impact the reports, the Department is extending the reporting deadline to July 1, 2024. Bulletin 24-5
RESERVE VALUATION
Connecticut published a bulletin notifying carriers of the adoption of the 2024 edition of the NAIC Valuation Manual. Bulletin FS-47
STANDARD VALUATION LAW
Nebraska's Insurance Director announced that for the 2024 reporting year, the Department adopted the updates to the Standard Valuation Act Valuation Manual dated August 16, 2023. Guidance Document IGD-F7 amended January 25, 2024
TRADE PRACTICES
Alaska reminded insurers of their duty to comply with all applicable laws or regulations when its use of artificial intelligence (AI) impacts consumers of the state. Laws involving use of AI include the unfair trade practices act and the unfair claims settlement practices act. The bulletin reiterates the risks the department sees in the use of AI and notifies insurers of the requirement to establish an AI Systems Program to provide oversight. The department will be performing inquiries and examination to ensure compliance. Bulletin B24-01
District of Columbia enacted the "Protecting Consumers from Unjust Debt Collection Practices Technical Clarification Emergency Act of 2024." The Act prohibits any creditor or debt collector from attempting to collect a debt by visiting the household of a consumer or by publicizing the debt. B-662
Wisconsin's Commissioner of Insurance informed carriers and producers of an increase in complaints regarding the sale of Affordable Care Act compliant health plans, both on and off the exchange. Producers and insurers, out-of-state brokers in particular, are asked to take all reasonable steps to ensure the terms of prospective plans are accurately described and suitable to the applicant as Wisconsin is committed to enforcing its insurance laws and regulations. Bulletin dated February 21, 2024
UTILIZATION REVIEW - HEALTH CARE
New York passed an amendment to its utilization review law. An adverse determination related to a step therapy protocol override determination must include clinical review criteria relied upon to make the determination and any applicable alternative prescription drugs subject to the step therapy protocol. Other requirements are also included in the law. AB 8501
Newsletter
Property & Casualty News May 2024
Property & Casualty News
May 2024
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations, and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
ADJUSTERS
North Carolina's Department of Insurance, Agent Services Division, published the procedures to follow in the event of a catastrophic event. The bulletin provides procedures for catastrophic adjuster identification badges and a new CAT Course developed by NCDOI with specific North Carolina Insurance and Building Code requirements. Bulletin 24-B-05
AUTOMOBILE INSURANCE
Delaware published a bulletin notifying companies and agents that these mandatory financial responsibility forms are now available on the Delaware Division of Motor Vehicles website: FR1 - Delaware Uninsured Vehicle Report, FR4 - Notice of Cancellation or Termination of Policy, FR19 - State of Delaware Insurance Certification. Auto Bulletin 35
North Carolina Reinsurance Facility announced a significant change in rates for non-fleet private passenger automobiles and motorcycles. The rates are for ceded risks other than "clean risks." Circular Letter RF-24-7
CAPTIVES
Iowa adopted a new rule, titled Captive Companies. The rule establishes the policies and procedures for the administration of captive companies, including financial, reporting and record-keeping requirements. 191-113.1
CERTIFICATE OF AUTHORITY FILINGS
Delaware reissued a bulletin reminding insurers seeking to do business in the state of the department's "seasoning" requirements. No foreign company will be considered for admission until it has been transacting insurance business for three years and shown a net gain from operations at least one year prior to admission. The Department may waive these requirements. Bulletin Number 3 (Reissued)
COMMERCIAL LINES INSURANCE
Oklahoma passed a law pertaining to commercial lines insurance policies cancellation and nonrenewal notices permitting notices to be sent to policyholders electronically upon their consent and if the insurer is in compliance with the provisions of the Uniform Electronic Transactions Act. SB 1627
COMPLAINTS
Oregon's Insurance Commissioner issued a bulletin reminding insurance producers they must be truthful in their communications with policyholders regarding homeowners insurance underwriting and rating decisions. Recent consumer complaints and media reports reveal the importance of accurate information being communicated. Division of Financial Regulation Bulletin No. DFR 2024-5
CONFIDENTIALITY / PRIVACY
Kentucky enacted, effective 01/01/26, the Kentucky Consumer Data Protection Act. The act requires the appointment of a controller and establishes certain consumer rights relating to personal data. HB 15
Nebraska enacted the Data Privacy Act providing a consumer with privacy protection and control over their sensitive personal data. LB 1074
ELECTRONIC TRANSACTIONS
Oklahoma passed a law allowing insurers to post a policy or endorsement on their website provided it meets certain conditions and does not contain personally identifiable information. HB 1505
FILINGS: PROPERTY / CASUALTY
Delaware published a bulletin requesting that any company authorized to do business in the state notify the department prior to terminating any or all of a business line or product. The company should file a letter of intent prior to discontinuing an entire book of business, transitioning all business to an affiliated or non-affiliated insurer, or not offering to renew a block of business. Forms and Rates Bulletin No. 40
FRAUD / ANTI-FRAUD
Louisiana amended its regulation pertaining to a special assessment to collect costs of investigating insurance fraud. Changes include the sunset of the special assessment for automobile theft and insurance fraud prevention, effective July 1, 2024, unless extended by legislative authorization. LAC 37 XI.2303
HOLDING COMPANIES
Maryland enacted legislation updating its laws pertaining to insurance holding companies. Changes are made in accordance with the NAIC Model Insurance Holding Company Act. Changes include the requirement to file the results of a group capital calculation and a liquidity stress test. HB 252
LIABILITY INSURANCE
Maine published a bulletin notifying insurers of updated annual reporting requirements for liquor liability policies, including data about premiums and claims. Bulletin 472
MISCELLANEOUS PROPERTY / CASUALTY
Michigan's Department of Insurance and Financial Services issued an updated list of municipalities participating in the Fire Insurance Withholding Program. Edition 167 dated May 1, 2024
OMNIBUS LEGISLATION
Kansas enacted legislation containing numerous provisions relating to insurance, including provisions for compensation to the insurance department when certain examinations are performed. The legislation sets and adjusts the maximum amounts that will be charged for consulting, data processing and other costs of the examination. SB 356
PHARMACY BENEFIT MANAGERS
Oregon amended its Pharmacy Benefits Manager (PBM) law. Among other requirements, a PBM must be licensed by the Department of Consumer and Business Services (DCBS), instead of registered, and the license must be renewed every 12 months. The law also covers duties of a PBM, standards for reimbursement, and filing of certain material such as contracts and provider manuals. HB 4149
PREMIUM TAX
Kentucky published a bulletin outlining changes to policies and procedures relating to local government premium taxes. Bulletin 2024-03
PROPERTY INSURANCE
Alaska Division of Insurance directs companies writing property insurance that effective January 1, 2025, all new and renewing policies cannot include depreciation of labor in the definition of "actual cash value". Policies must be amended via endorsement. Bulletin B24-07
Florida enacted the My Safe Florida Condominium Pilot Program. The pilot program sets standards for hurricane damage mitigation, inspections and contractors performing those inspections. HB 1029
Georgia enacted HB 279, which requires insurers to provide a premium discount or rate reduction when the property owner makes improvements or builds a new structure that resists tornado, hurricane, or other catastrophic wind events. HB 279
TITLE INSURANCE / AGENTS
Alaska issued a bulletin providing clarification that a Closing Protection Letter must be filed with the Division's Property and Casualty section. Bulletin B 24-05
Oklahoma passed a law prohibiting title insurance companies from charging a fee for the filing of a release of mortgage affidavit. This law is effective November 1, 2024. HB 4151
Rhode Island's Superintendent of Insurance bulletin shared best practices for title insurers. Bulletin 2024-4
Tennessee passed a law requiring an insurance agent applying to sell title insurance to complete at least 30 hours of title insurance pre-licensing course work. HB 2281
WORKERS' COMPENSATION
California DWC published notice announcing it has launched a new online portal for Qualified Medical Evaluators to use to submit medical-legal reports required to be filed. DWC Notice 4-23-2024
Nevada's Division of Industrial Relations released the 2023 Occupational Disease Claim Report. NRS 617.357
New Jersey Compensation Rating and Inspection Bureau (NJCRIB) published the Workers Compensation Insurance Plan Update and Plan Policy Expirations for August 2024. Circular Letter 2065
New York Workers' Compensation Board will begin utilizing a desk review process as opposed to a formal hearing for certain Section 32 waiver agreements on July 1, 2024. Bulletin WC 046-1683
New York's Compensation Insurance Rating Board (NYCIRB) released the limitation on payroll used in the calculation of workers' compensation premiums for the construction industry. The amount is $1,757.19. Bulletin R.C. 2601 dated May 2, 2024
Texas Department of Insurance, Division of Workers' Compensation General Counsel reminds carriers of the rules associated with preventative treatment related to a physical injury and workers' compensation claims handling. Letter dated April 22, 2024
Virginia enacted a law that requires an employer or its insurer to include certain right to dispute claim denial language in a letter to the employee when a request for workers' compensation benefits is denied. SB 241
Newsletter
Life and Health News April 2024
Life and Health News
April 2024
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations, and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
AFFORDABLE CARE ACT
Arkansas issued a bulletin explaining state standards and requirements for qualified health plans and stand-alone dental plans for 2025. The bulletin explains the specific standards as well as policies and procedures for qualifying. Bulletin 3-2024
AGENT / PRODUCER LICENSING AND APPOINTMENT
Arkansas published a bulletin reminding companies of the requirement to file annual renewal appointments for insurance producers. The bulletin provides information about how to process renewals. Bulletin 2-2024
California published a notice reminding all licensees and applicants of the requirement to report any changes in background information within 30 days of the date the licensee or applicant learns of the change. Notice Dated March 5, 2024
ANNUITIES / ANNUITY CONTRACTS
California enacted legislation requiring that recommendations for annuity sales be in the best interest of the consumer. The bill addresses training requirements for producers, disclosure, and sales standards. SB 263
Indiana amended and updated its annuity suitability rule to require recommendations for annuity sales to be in the best interest of the consumer. The rule also addresses producer training, insurer supervision and consumer disclosure. 760 IAC 1-72 +
New Hampshire amended and readopted a Suitability in Annuity Transactions rule. Ins. 305.01 +
ARTIFICIAL INTELLIGENCE
Connecticut, New Hampshire, Rhode Island, and Vermont published bulletins reminding insurers that decisions based on analytical and computational technology (including AI Systems) must comply with all insurance laws and regulations. Specifically for CT, Domestic insurers must complete an AI Certification, due on September 1 of each year. The department states that the NAIC Principles of Artificial Intelligence is appropriate guidance. Connecticut Bulletin MC-25; New Hampshire Bulletin INS 24-011-AB; Rhode Island Bulletin 2024-03; Vermont Bulletin 229
CLAIMS / CLAIMS ISSUES
Wyoming passed a law establishing a two-year time limit to seek reimbursement of an overpayment of a health insurance claim. HB 15
CYBERSECURITY
Alaska, Arkansas, Colorado, Connecticut, Illinois, Michigan, Missouri, Maine, New Mexico, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the Federal Center for Medicare & Medicaid Services published bulletins outlining its expectations for insurers in light of the Change Healthcare cyber attack.
DRUG / PRESCRIPTION COVERAGE
Michigan issued a bulletin alerting companies to a shortage of ADHD drugs. The bulletin urges companies to exercise flexibility with coverage and cost-sharing for the duration of the shortage. Bulletin 2024-11-INS
New Mexico passed a law that modifies the guidelines related to step therapy for prescription drug coverage and eliminates step therapy requirements for certain conditions. SB 135
ELECTRONIC TRANSACTIONS
South Dakota passed a law that allows insurers to comply with policy delivery requirements by one of the following alternative delivery methods: 1) Via first-class mail using an intelligent mail barcode or another similar tracking method used or approved by the U.S. Postal Service; or 2) Via commercial delivery service using a tracking method approved by the Insurance Division. HB 1126
EXCEPTED BENEFITS
Internal Revenue Service, Department of Labor and the Department of Health and Human Services issued Final Rules for Short-Term, Limited-Duration Insurance and Independent, Non-coordinated Excepted Benefits Coverage. 29 CFR Part 2590
FRAUD / ANTI-FRAUD
Delaware reissued its bulletin to remind insurers of its mandatory fraud reporting requirement. The bulletin also makes certain updates to its fraud reporting form. Domestic/Foreign Insurers Bulletin 15 (Reissued)
GUARANTY ASSOCIATION
Vermont's Department of Financial Regulation approved a new Life and Health Guaranty Association Summary Document/Notice to Policyholders to be used on and after May 1, 2024. Bulletin 228
HEALTH INSURANCE - COMPREHENSIVE
Wyoming passed a law dealing with the payment of claims from an insurer or its intermediary to pharmacies. SF 100
Wyoming prohibits discrimination against organ transplant recipients by insurers. SF 5
HOLDING COMPANIES
Washington updated its Insurer Holding Company Act to adopt the NAIC revisions requiring group capital calculation. SB 6027
IIPRC / INTERSTATE COMPACT
South Dakota enacted the Interstate Insurance Product Regulation Compact law effective July 1, 2024. HB 1091
MEDICARE SUPPLEMENT INSURANCE
Maine issued a bulletin explaining certain amendments to its Trade Practices laws prohibiting the use of terms such as Medicare, Medicaid or MaineCare in advertising and sales material. Additional requirements include guidelines around format and required disclosures. Bulletin 471
OMNIBUS LEGISLATION
Indiana enacted legislation amending numerous insurance topics including producer licensing by creating the insurance producer education and continuing education commission. Other topics include insurance holding company systems and annual reporting. HB 1332
PHARMACY BENEFIT MANAGERS
New Mexico passed the Prescription Drug Price Transparency Act that requires Pharmacy Benefit Managers, manufacturers, Pharmacy Services Administrative Organizations, and health insurance companies to report certain information to the Insurance Department. HB 33
REINSURANCE
Delaware enacted a new law to establish standards for reserve financing arrangements involving certain term and universal life policies (including those with secondary guarantees). 18 Delaware Code s 311 and 915
REPORTS - DATA CALLS & OTHER REPORTS
Colorado adopted a regulation establishing the data reporting requirements for all health care sharing plans offering plans for residents of CO. The regulation addresses reporting requirements, reporting due date and confidentiality. 3 CCR 702-4, Regulation 4-10-01
Pennsylvania's Insurance Department notified all insurers writing group or individual Medicare Supplement business that certain data must be submitted to the Department by May 31, 2024. Medicare Supplement Data Call issued March 23, 2024
THIRD PARTY ADMINISTRATORS
New Jersey's Department of Insurance issued a list of items a Third Party Administrator (TPA) must provide to the Insurance Department in order to voluntarily surrender its TPA license. Notice dated March 21, 2024
UNCLAIMED PROPERTY
Idaho approved a bill revising its unclaimed property act. Changes are intended to clarify certain presumptions, provide definitions and guidelines for policies and procedures, including reporting and notice. HB 471
Newsletter
Property & Casualty News June 2024
Property & Casualty News
June 2024
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations, and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
ADJUSTERS
Maryland amended its law governing public adjusters including prohibiting contact during certain hours and extending the cancellation period from 3-10 business days. HB 36
CANCELLATION / NON-RENEWAL / PREMIUM OR COVERAGE
Kentucky published an advisory opinion clarifying its interpretation of KRS 304.20-340. Insurers may not decline to insure or terminate coverage for losses immediately resulting from natural causes as specified by statute. Further, all notices must clearly state the reason for the termination or nonrenewal. Advisory Opinion 2024-01; May 22, 2024
CLAIMS / CLAIMS ISSUES
North Carolina's Insurance Department urges insurers offering automobile insurance to prioritize prompt handling and settlement of auto insurance claims. The Department may take appropriate enforcement action against an insurer engaged in unfair and deceptive practices. Bulletin 24-B-07
COMMERCIAL LINES INSURANCE
New Jersey passed a law increasing the minimum limits of liability insurance coverage that must be maintained by owners and operators of commercial motor vehicles engaged in intrastate commerce. Policy forms and rates must be filed, and insurers must have rates on file for the new minimum coverage limits. All commercial automobile insurers should also update policy forms, if applicable, that reference minimum coverage limits to comply with the increases implemented by the Act. Bulletin 24-07
CONFIDENTIALITY / PRIVACY
District of Columbia published a bulletin reminding all carriers doing business in the District of the department's expectations regarding the use of artificial intelligence. Basically, the department expectation is, when using artificial intelligence, that companies will continue to adhere to all laws and regulations, including those prohibiting unfair trade practices and unfair discrimination. Bulletin 24-IB-002-05/21
DISASTER PREPAREDNESS
New York's Superintendent of Financial Services published the standards expected of property and casualty insurers in planning for disaster preparedness. A pre-disaster data survey and disaster response plan must be submitted to the Department. Circular Letter 2024-4
DISCLOSURE REQUIREMENTS
Colorado adopted disclosure requirements for replacement cost homeowner's insurance policies in the state. For policies that do not include extended replacement-cost coverage or law and ordinance coverage, the insurer shall print a specific warning on the declarations page. The requirements are effective on or after 01/01/25. 3 CCR 702-5, Regulation 5-1-25
Colorado enacted a new law requiring that companies provide a summary document explaining coverage and exclusions in the insured's choice of English or Spanish effective 01/01/26. The commissioner shall provide a format for the form by 12/31/24. HB 24-1440
FRAUD / ANTI-FRAUD
Alabama approved amendments to its insurance fraud law, including increasing the statute of limitations from two years to seven. It also gives insurance fraud investigators the powers vested in law enforcement officers including the power of arrest and service of process. HB 140
California published notice of updates to the SIU Annual Report filings in the state. They have designated a fixed date of September 15 as the due date. Further information will be mailed in June and training sessions will be held July 24 and August 28. SIU E-Blast 2024-11
GUARANTY ASSOCIATION
New Jersey Property-Liability Insurance Guaranty Association notifies carriers of an assessment of 1.3% of each carrier's 2023 private passenger automobile liability net direct written premium. NJPLIGA Bulletin 2024 - 001
HOLDING COMPANIES
Colorado adopted amendments to its laws governing insurance holding companies to bring them in line with the NAIC financial models. Changes include financial testing and reporting as well as confidentiality. HB 1321
New Jersey updated its Holding Company regulation to incorporate the Group Capital Calculation and Liquidity Stress Test in the amended NAIC model. NJAC 11:1-35.13
MISCELLANEOUS
Illinois adopted an amendment incorporating the Purposes and Procedures Manual of the NAIC Investment Analysis Office. 50 Ill. Adm. Code 806.40
Illinois adopted an amendment requiring all insurance companies to file proof of financial responsibility by electronic means. 92 Ill. Adm. Code 1070.20
New York's Property Bureau encourages all insurers authorized to write property/casualty insurance in New York State to offer loss mitigation tools and services to insureds for free or a reduced fee, such as smart water monitor and shutoff devices in connection with homeowners’ insurance policies. Circular Letter 3 (2024)
Oklahoma's Insurance Commissioner notified all licensed insurance professionals the Licensing Division will accept name change requests electronically for individuals and agencies through www.nipr.com. Name change requests must be made within 30 days of the legal change. Special Notice dated June 4, 2024
Pennsylvania enacted a law providing for the sale, solicitation and negotiation of pet insurance policies. HB 660
Vermont created the Pet Insurance Act which allows pet insurance to be sold and policies delivered in Vermont. HB 659, Sec. 28. 8 V.S.A. chapter 149
PERSONAL LINES INSURANCE
New Jersey's Insurance Commissioner reminds insurers who issue private passenger automobile policies to comply with requests from an attorney to disclose policy limits no later than 30 days following the request under certain circumstances. Bulletin 24-06
North Carolina's Insurance Commissioner published a circular letter concerning revised Dwelling Fire and Extended Coverage Insurance rates. Insurers are reminded they must give at least 15 days prior notice of a rate change. Circular Letter P-24-2
Oregon reminds property and casualty insurers of their legal obligation to file underwriting guidelines for personal lines with the insurance division. Insurers must also include how they address or consider wildfire risk mitigation actions. Bulletin DFR 2024-7
Rhode Island amended a law relating to casualty insurance rating. For any policy written or renewed on or after January 1, 2025, an insured's rate or classification regarding the operation of a personal motor vehicle, widowed persons cannot be treated differently than persons in a marriage. HB 7606
PREMIUM ISSUES
Utah's Insurance Commissioner notifies all property and casualty licensees the Department has received an increased number of consumer complaints regarding increases to insurance premiums. Consumers report being told by licensees that the Department requires the increase. Licensees must communicate with policyholders the reasons for rate changes. The Department may penalize a licensee who states or infers the Department is the cause of the rate increase. Bulletin 2024-7
West Virginia's Insurance Commissioner disclosed that there are increased inquiries to the Department regarding premium rate increases particularly with regard to homeowners' and automobile insurance. Consumers have advised the OIC that their insurance company or agent advised them that their premiums increased because the OIC mandated the change. The Insurance Department does not mandate premium rate increases and reasons for increased rates must be explained to consumers. Bulletin 24-04
PROPERTY INSURANCE
Alaska published a bulletin notifying carriers that the definition of actual cash value (ACV) may not include depreciation of labor language. Policies that include depreciation of labor language must be amended via endorsement. B 24-07
Colorado enacted an amendment directing the manner in which mortgage companies must distribute insurance proceeds to insureds. HB 1011
Florida issued an update on the status of the property insurance market. Overall, signs point to a decline in property insurance rate filings and a strengthening of the market. Notice dated May 17, 2024
REPORTS - DATA CALLS & OTHER REPORTS
Delaware issued a bulletin to all insurers marketing property and casualty coverage in their state notifying carriers the Property and Casualty Carrier Survey form has been revised. The bulletin includes the email address to which the report can be submitted and encourages any carrier that has not submitted the current year's survey to do so immediately. Bulletin 84-Revised
TITLE INSURANCE / AGENTS
Arkansas published an Attorney General Opinion interpreting the requirement that a title insurance agency be allowed "free access" to public records for real property. In short, the opinion states that a city, county or state office must allow a title insurance agency in-person ability to reproduce official documents for no charge. Related questions are also answered in the Opinion. Opinion 2024-048
TRADE PRACTICES
Louisiana updated its unfair trade practices law to include, as an unfair trade practice, the failure to give an insured, upon written request, the original field adjusters repair estimate along with identification of anyone revising the estimate. HB 520
WORKERS' COMPENSATION
California's Workers' Compensation Division published notice of its plans to address certain e-filing problems in EAMS, the electronic case management system. The division may suspend or remove some e-filing privileges from users who have continued to e-file defective data, causing ongoing delays in processing. Notice Dated May 14, 2024
New Hampshire's Department of Labor published increases to the Worker's Compensation State's Average Weekly Wage as well as Minimum and Maximum Weekly Compensation Rates. DOL Notice dated May 21, 2024
New Jersey's Compensation Rating and Inspection Bureau announced that with the January 1, 2025, rate filing it will publish rates and excess elements with three decimal places as opposed to two decimal places. This will allow for greater responsiveness in adjustments. Circular Letter 2068
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