2019 -- H 5458 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO INSURANCE - CASUALTY INSURANCE RATING

     

     Introduced By: Representatives Kennedy, Ucci, Azzinaro, Marshall, and Johnston

     Date Introduced: February 14, 2019

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 27-9-4 of the General Laws in Chapter 27-9 entitled "Casualty

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Insurance Rating" is hereby amended to read as follows:

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     27-9-4. Considerations in making of rates -- Cancellation of policy.

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     (a) All rates shall be made in accordance with the following provisions:

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     (1)(i) Due consideration shall be given to past and prospective loss experience within and

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outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting profit

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and contingencies, to dividends, savings, or unabsorbed premium deposits allowed or returned by

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insurers to their policyholders, members, or subscribers, to past and prospective expenses both

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countrywide and those specially applicable to this state, and to all other relevant factors within

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and outside this state; provided, that no consideration shall be given to:

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     (A) Any loss or incident involving a bus driver, while in the course of his or her

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employment for the Rhode Island public transit authority or private or municipal school bus

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companies, in establishing or maintaining that driver's rate respecting the operation of a personal

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motor vehicle or vehicles;

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     (B) Any loss or incident involving a law enforcement officer, while in the course of his or

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her employment for the state, city, town police departments, or federal law enforcement agency,

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in establishing or maintaining that driver's rate respecting the operation of a personal motor

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vehicle or vehicles; and

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     (C) Any loss or incident involving a commercial vehicle driver, while in the course of his

 

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or her employment, in establishing or maintaining that driver's rate respecting the operation of a

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personal motor vehicle(s);

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     (ii) It shall be the responsibility of a commercial vehicle driver to provide his or her

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insurance company with proof that the loss or incident took place in the course of employment

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while operating a commercial vehicle. For the purposes of this section, a "commercial vehicle"

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shall be a motor vehicle with a gross weight in excess of ten thousand (10,000) pounds or a motor

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vehicle used for public livery;

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     (2) The systems of expense provisions included in the rates for use by any insurer or

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group of insurers may differ from those of other insurers or groups of insurers to reflect the

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requirements of the operating methods of any insurer or group with respect to any kind of

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insurance, or with respect to any subdivision or combination of insurance for which subdivision

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or combination separate expense provisions are applicable;

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     (3) Risks may be grouped by classifications for the establishment of rates and minimum

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premiums;

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     (4) Rates shall not be excessive, inadequate, or unfairly discriminatory; and

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     (5) In establishing or maintaining an insured's rate or classification respecting the

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operation of a personal motor vehicle, any insured sixty-five (65) years of age or older, who

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meets the criteria set forth in this section and has not had any chargeable accidents or moving

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violations within three (3) years preceding the establishment of the rate of insurance or

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classification, shall not be penalized solely by reason of his or her age.

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     (b) No insurance company shall fail to renew a private passenger automobile policy

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because of a loss of occurrence only, unless a chargeable loss occurrence of one thousand five

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hundred dollars ($1,500) three thousand dollars ($3,000) or more than two (2) nonchargeable loss

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occurrences, involving the insured, have taken place within the annual policy year.

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     (c)(1) No insurance company shall fail to renew a private passenger automobile policy

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solely because the insured has attained the age of sixty-five (65) years or older;

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     (2) Whenever the commissioner of insurance shall have reason to believe that any

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insurance company has refused to renew a private passenger automobile policy solely because the

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applicant has reached the age of sixty-five (65) years or older, the commissioner shall notify the

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company that it may be in violation of this section and in his or her discretion he or she may

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require a hearing to determine whether or not the company has actually been engaged in the

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practice stated in this subsection. Any hearing held under this section shall in all respects comply

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with the hearing procedure provided in the Administrative Procedures Act, chapter 35 of title 42;

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     (3) If after the hearing the commissioner shall determine that the company has engaged in

 

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the practice of systematically failing to renew private passenger automobile policies because of

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the advanced age of the insured, he or she shall reduce his or her findings to writing and shall

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issue and cause to be served upon the company an order to cease and desist from engaging in

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those practices. After the issuance of the cease and desist order, if the commissioner finds that the

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company has continued to engage in those practices, he or she shall impose upon the company a

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fine not to exceed the amount of one thousand dollars ($1,000) for each separate violation.

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     (4) Any company aggrieved by any order or decision of the commissioner of insurance

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may appeal the order and decision to the superior court of Providence in accordance with the

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Administrative Procedures Act, chapter 35 of title 42.

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     (d) No insurance group, carrier, or company in establishing any premium surcharge or

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penalty relative to a specific motor vehicle policy, shall consider any accident or any claim where

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any insured covered by that policy is fifty percent (50%) or less at fault.

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     (e) No insurance group, carrier, or company shall assess any premium surcharge against

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any insured covered by a motor vehicle policy where a property damage claim payment is less

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than one thousand five hundred dollars ($1,500) three thousand dollars ($3,000).

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     (f) No insurance group, carrier, or company shall refuse to issue motor vehicle liability

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insurance, impose a surcharge, or otherwise increase the rate for a motor vehicle policy solely

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because the applicant is a volunteer driver. Volunteer driver is defined as a person who provides

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services without compensation to a nonprofit agency or charitable organization.

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     SECTION 2. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE - CASUALTY INSURANCE RATING

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     This act would raise the amount from one thousand five hundred dollars ($1,500) to three

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thousand dollars ($3,000) at which an insurance company can fail to renew a private passenger

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automobile policy or to assess a premium surcharge for a property damage claim payment.

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     This act would take effect on January 1, 2020.

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