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NEW YORK INSURANCE DEPARTMENT
REVIEW STANDARDS FOR COMMERCIAL AUTOMOBILE
LINE OF BUSINESS:
Commercial Auto
LINE(S) OF INSURANCE
CODES
Commercial Auto Combinations
20.0000
CODE:
20.0
Business Auto
20.0001
Garage
20.0002
Other
20.0003
Truckers
20.0004
IF CHECKLIST IS NOT APPLICABLE, PLEASE EXPLAIN:
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS
LOCATION OF STANDARD IN FILING
GENERAL REQUIREMENTS FOR ALL FILINGS
The following web site represents the Department's initiative to streamline the procedures for form, rate and rule filings:
http://www.ins.state.ny.us/is-file.htm
Form/Page/Para
Reference
COVER LETTER AND EXPLANATORY MEMORANDUM
CL 11 (1998)
The filing should include a cover letter, and an explanatory memorandum clearly explaining the intent of the filing, and highlighting any substantive changes (such as changes in ratemaking methodology or major coverages provided). If new form(s), territories, classification(s), or rule(s) are being filed and there are similar ones currently approved for use by a Rate Service Organization (RSO) or another insurer, or has been the subject of a filing previously not approved in New York, reference should be provided to the Department's file number or SERFF tracking number and effective date of the approval, or copies of the approved items should be included, if applicable. If the filing is currently in use in another state, this should be indicated.
EXCLUSIONS & LIMITATIONS
11NYCRR 60-1
(Reg 35-A)
Regulation 35-A contains a list of permissible exclusions. Please refer to Item I.a.8. & I.b. of Compliance Questionnaire No. CALPD.
Asbestos
11NYCRR 60-1
(Reg 35-A)
Not permitted by the Regulation
Discrimination
11NYCRR 60-1
(Reg 35-A)
Not permitted by the Regulation. Please refer to Item I.a.8. & I.b of Compliance Questionnaire No.CALPD
Intentional Acts
11NYCRR 60-1
(Reg 35-A)
Required by the Regulation. Please refer to Item I.a.15. & I.b.5.(ii) of the Compliance Questionnaire No.CALPD
Mold
11NYCRR 60-1
(Reg 35-A)
Not permitted by the Regulation
Punitive Damages
Court of Appeals - Hartford A&I v. Village of Hempstead, New York 2nd 218, 1979
Allowable for public policy considerations. Please refer to Item I.b.5.(i) of Compliance Questionnaire No.CALPD
Terrorism
11NYCRR 60-1
(Reg 35-A)
Not permitted by the Regulation
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS
LOCATION OF STANDARD IN FILING
FILING SUBMISSION
§2305 & §2307
CL 19(1992)
Supplement No 1 to
CL 11(1998)
Forms, territories, classifications, rating rules, rates and rating plans are subject to prior approval.
Compliance Questionnaires, Forms and Optional "Speed to Market" Filing Procedures
CL 11 (1998)
Supplement No 3 to CL 11(1998)
Please refer to the following web site for additional information:
http://www.ins.state.ny.us/issec-iv.htm
NO FILE OR FILING EXEMPTIONS
§6301
11NYCRR16(Reg. 86)
The rate and form filing exemptions of the "Free Trade Zone" do not apply to Commercial Auto Insurance.
PROHIBITED COVERAGES
While the Department does not have an exhaustive list, some examples of prohibited coverages include punitive damages and corporal punishment. Please refer to the following web site for additional information:
http://www.ins.state.ny.us/issec-v.htm
Indemnification Policy
§3420
Is not permitted. Liability coverage must be provided on a pay on behalf basis. Please refer to Item I.a.1 of Compliance Questionnaire No. CALPD.
SIDE BY SIDE COMPARISON
CL 11 (1998)
If the filing is a revision to existing form(s), territories, classification(s) or rule(s); Except for simple, non-substantive changes, a side-by-side comparison of the form(s) or rule(s) being proposed and those currently in use in New York, with all changes clearly marked and explained in the company's cover letter or memorandum must be included. Revisions to classifications and territories should include a comparison between those currently on file (in New York) and those proposed, including relevant statistical data (experience) and any rate or rate relativity effect. There should be a reference to the Department's previous file number and/or a copy of the approval letter in which the current form(s), territories, classification(s) or rule(s) were approved/acknowledged.
FORMS: POLICY PROVISIONS
§2307, §2610, §3411, §3412, §3420, §3426, & Article 51
11 NYCRR 60-1(Reg 35-A)
11NYCRR60-2(Reg 35-D)
11 NYCRR 216 (Reg 64)
11NYCRR65 (Reg. 68-A)
11NYCRR67 (Reg. 79)
11NYCRR71(Reg. 107)
The following Compliance Questionnaire contains detailed information for making a commercial auto filing including required policy provisions, exclusions, prohibited coverages, and standard language:
Commercial Auto Liability and Physical Damage Coverages Form Filing Compliance Questionnaire
calpd.doc (Word Format) calpd.pdf (PDF Format)
Form/Page/Para
Reference
APPLICATIONS
Filing exemption
§2307(b)
Applications which do not become part of the policy are exempt from filing requirements
Fraud Warning Statement
§403(d)
11NYCRR86.4(Reg. 95)
None required on Commercial Auto Policy Forms or applications (only claim forms)
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS
LOCATION OF STANDARD IN FILING
ARBITRATION
No-Fault Coverages
11NYCRR65
(Reg 68-A)
Required provisions contained in endorsements as prescribed by the Regulation.
Other coverages
Except for No-Fault coverages (see above), not required, although generally contained in most policies / coverages.
BANKRUPTCY PROVISIONS
Insolvency or bankruptcy clause
§3420(a)(1)
Policy must contain a statement indicating that the insolvency or bankruptcy of the insured or the insured's estate does not release the insurer from its' contractual obligation to pay damages covered under the policy. Please refer to Item I.a.2 of Compliance Questionnaire No. CALPD.
BLANK ENDORSEMENTS
Not permitted since a blank endorsement may change policy provisions without the proper approval by this Department. An exception may be made for a blank form if its usage is apparent based on the title/language of the form itself (such as a change in address form). Forms containing check boxes with a space for language to be added are considered blank endorsements and are subject to these rules.
CANCELLATION & NON-RENEWAL
§3426
CL 14 (1986)
CL 11(1989)
Supplement No 1 to CL 11(1989)
The Cancellation & Nonrenewal provisions apply to all commercial risk policies including policies issued or issued for delivery in New York covering risks with multi-state locations where the insured is principally headquartered in New York or the policy provides that New York Law will govern. Please refer to Compliance Questionnaire No. CLCNR for detailed cancellation and nonrenewal requirements:
Commercial Lines Cancellation and Nonrenewal Form Filing Compliance Questionnaire
clcnr.doc (Word Format) clcnr.pdf (PDF Format)
Notice of Cancellation
§3426(b), (c), (h)(2), (g) & (I)
The cancellation provisions must comply with the statutory requirements for the content of the notice (including loss information), proof of notice, special provisions, and time frame for giving notice. Any notice which fails to include a provision required by Section 3426 shall not be an effective notice of cancellation. Please refer to Item I.A of Compliance Questionnaire No. CLCNR
Notice of Non Renewal
§3426(e), (g), (h)(2) & (I)
The nonrenewal provisions must comply with the statutory requirements for the content of the notice (including loss information), proof of notice, special provisions, and time frame for giving notice. Any notice which fails to include a provision required by Section 3426 shall not be an effective notice of nonrenewal. Please refer to Item I.B of Compliance Questionnaire No. CLCNR.
Required Policy Period
§3426(a)(2) & (d)(2)
A required policy period means a period of one year from the date as of which a covered policy is renewed or first issued. A policy issued for less than one year must be in compliance with statutory reasons outlined in §3426(d)(2). Please refer to Item II of Compliance Questionnaire No. CLCNR.
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS
LOCATION OF STANDARD IN FILING
Permissible Reasons for Cancellation
§3426(b), (c) & (h)
A policy may be cancelled for any valid underwriting reason during the first 60 days a policy is in force. After the first 60 days, reasons for cancellation are limited to statutory references. Please refer to Item I.A. 2 of Compliance Questionnaire No. CLCNR.
Permissible Reasons for Non Renewal
§3426(e) & (h)
A valid underwriting reason must be specifically listed in notice. Please refer to Compliance Questionnaire No. CLCNR.
Conditional Renewal
§3426(e)(1)(B)
A conditional renewal notice is required for any change in the policy less favorable to the policyholder. Such notice must contain the specific reason or reasons for conditional renewal and must comply with the statutory requirements for the content of the notice (including loss information), proof of notice, special provisions, and time frame for giving notice. Please refer to Item I.B.2 of Compliance Questionnaire No. CLCNR.
Suspension
VTL §311
Mandatory Coverages (liability & no-fault) may only be suspended (by endorsement) if the vehicle's license plates are surrendered. Although not a requirement in the Law, insurers will generally not issue a suspension unless they receive proof of plate surrender.
CLAIMS MADE
11 NYCRR 60-1
(Reg 35-A)
11 NYCRR 73
(Reg 121)
Claims-made coverage is prohibited for motor vehicle liability policies.
DEFENSE
Duty to Defend
11NYCRR 60-1.1(b)
(Reg. 35-A)
11NYCRR71(Reg. 107)
The insurer has the duty to defend all claims to which the policy applies. A defense must be provided even if allegations are groundless. A complete defense must be provided for a claim, which involves both covered and uncovered allegations, and no allocation of defense costs is permitted. Also see Item I.a.12 & 18.of Compliance Questionnaire No. CALPD
Defense-Within-Limits
11NYCRR71.2
(Reg. 107)
Motor vehicle liability policies may not be written on a defense within limits basis.
DEFINITIONS
Loading & Unloading
§2307(b)
The term "Loading & Unloading" must remain undefined.
Insured
11NYCRR 60-1.1(c)
(Reg 35-A)
Please note the definition of the "Insured" must comply with the minimum provisions of Section 60-1.1(c) of Regulation 35-A. Please refer to Item I.a.9. of Compliance Questionnaire No. CALPD.
EXCESS COVERAGE
11NYCRR 60-1.1(a)
(Reg 35-A)
Due to financial responsibility laws, policy must provide primary coverage for any owned automobile(s).
FRAUD WARNING
§403(d)
11NYCRR86.4(Reg. 95)
None required on Commercial Auto Policy Forms or applications (only claim forms)
FORMS MISCELLANEOUS
Numbered Forms
§2307(b)
All policy forms and endorsements filed with the Department must include an identification number. Please refer to Item I.g.5 of Compliance Questionnaire No.CALPD.
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS
LOCATION OF STANDARD IN FILING
Unlicensed Companies
§2307(b)
All policy forms and endorsements filed with the Department may only include the names of insurers licensed in the State of New York. Please refer to Item I.g.2 of Compliance Questionnaire No.CALPD.
FICTITIOUS GROUPS
§3435
11NYCRR301(Reg. 134)
11NYCRR153(Reg. 135)
The provisions of §3435 and Regulations 134 and 135 do not permit fictitious groups. The issuance of group property & casualty insurance is limited to either not-for-profit or municipality insureds, or purchasing groups formed under the Federal Liability Risk Retention Act of 1986 or quasi-group policies through a mass merchandising, safety group or similar program, in connection with State law or a Federal purchasing group.
GROUP POLICIES
§3435
11NYCRR301(Reg. 134)
11NYCRR153(Reg. 135)
The provisions of §3435 and Regulations 134 and 135 do not permit fictitious groups. The issuance of group property & casualty insurance is limited to either not-for-profit or municipality insureds, or purchasing groups formed under the Federal Liability Risk Retention Act of 1986 or quasi-group policies through a mass merchandising, safety group or similar program, in connection with State law or a Federal purchasing group. Group policies must comply with the provisions of Regulations 134 & 135 including the following: general requirements, group policy minimum standards, premium collection and payment, dividend plans and form and rate filings requirements.
LIBERALIZATION CLAUSE
LIMITS
Policy Limits
§§311 & 370 VTL;
CL 18 (1998)
Minimum limits 25,000/50,000 BI and 10,000 PD & 25/50 UM. Higher limits apply to some for-hire (livery) vehicles. See Section 370 of VTL; NOTE: For New York City Livery Vehicles, required minimum limits are $100,000/300,000 BI Liability & $200,000 No-Fault per NYC Taxi & Limousine Commission Rules.
Sublimits
Full limits of the policy must be available to all insureds, cannot provide differing limits for different insureds; with the following exception - for auto dealership policies, coverage afforded for customers' use of vehicles may be limited to the minimum limits for such insureds, if no other coverage is available from customer's policy.
LOSS SETTLEMENT
11 NYCRR 216 (Reg 64)
For First-Party Physical Damage claims, see Items I.d. and I.e. of Compliance Questionnaire No. CALPD
Action Against Company
3420(a)(2) & 3420(b)
11 NYCRR 60-1.3(f)
(Reg 35-A)
If judgment against an insured is not satisfied within 30 days, an action can be brought against an insurer. (Please refer to items 1.a.3. and 1.b.1 of Compliance Questionnaire No. CALPD); [Discretionary provision - insured must comply with all terms of policy and amount of obligation must be determined before action can be taken]
After Market Parts
11 NYCRR 216 (Reg 64)
No required language, but claim procedures outlined in the Regulation must be followed.
Appraisal
Arbitration
Not required (except for No-Fault), but is found in most policies
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS
LOCATION OF STANDARD IN FILING
Deductibles
§3411(k)
11 NYCRR 60-1.1(g)
(Reg 35-A)
On private passenger type vehicles only, a "standard" deductible option of $200 must be offered, as well as $250, $500 & $1,000 options, and at least one option below $200; minimum permissible deductibles are $100 for collision and $50 for comprehensive. For liability deductibles, company must pay claim to third party and then seek reimbursement from named insured in order to satis
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