Chapter 131

2007 -- H 6503 SUBSTITUTE B

Enacted 06/27/07

A N A C T

RELATING TO INSURANCE -- FIRE INSURANCE POLICIES AND RESERVES

Introduced By: Representatives Crowley, Shanley, Walsh, Jackson, and Kennedy

Date Introduced: June 07, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 27-5 of the General Laws entitled "Fire Insurance Policies and

Reserves" is hereby amended by adding thereto the following section:

27-5-3.8. Rhode Island commission on hurricane loss projection methodology. –

(1)  Legislative findings and intent. -- (a)  Reliable projections of hurricane losses are necessary

in order to assure that rates for residential property insurance meet the statutory requirement that

rates be neither excessive nor inadequate.

(b)  The general assembly recognizes the need for expert evaluation of computer models

and other recently developed or improved actuarial methodologies for projecting hurricane losses,

in order to resolve conflicts among actuarial professionals, and in order to provide both

immediate and continuing improvement in the sophistication of actuarial methods used to set

rates charged to consumers.

(c)  It is the intent of the general assembly to create the Rhode Island commission on

hurricane loss projection methodology as a panel of experts to provide the most actuarially

sophisticated guidelines and standards for projection of hurricane losses possible, given the

current state of actuarial science.

(2)  Commission created.-- (a)  There is created the Rhode Island commission on

hurricane loss projection methodology. For the purposes of this section, the term "commission"

means the Rhode Island commission on hurricane loss projection methodology. The commission

shall be administratively housed within the department of administration, but it shall

independently exercise the powers and duties specified in this section.

(b)  The commission shall consist of the following eight (8) members:

(1) The director of business regulation, acting as the administrator of insurance, or

designee;

(2) The adjutant general of the Rhode Island emergency management agency;

(3) A member of the board of directors of the Rhode Island Joint reinsurance Association

appointed by the governor;

(4) Five (5) members directly appointed by the governor, as follows:

(A) An actuary who is employed full-time by a property and casualty insurer which was

responsible for at least one percent of the aggregate statewide direct written premium for

homeowner's insurance in the calendar year preceding the member's appointment to the

commission;

(B) An expert in insurance finance who has a background in actuarial science;

(C) An expert in statistics who has a background in insurance;

(D) An expert in computer system design.

(E) An expert in meteorology who specializes in hurricanes.

(c)  Members designated under subparagraphs (b)(1)-(4) shall serve on the commission as

long as they maintain the respective offices designated in subparagraphs (b)(1)-(4). Members

under subparagraph (b)(5)(A)-(E) shall serve for a term of three (3) years, and may be

reappointed to the commission. All members may be removed by the governor prior to the

expiration of their term, for cause. Vacancies on the commission shall be filled in the same

manner as the original appointment.

(d)  The governor shall annually appoint one of the members of the commission to serve

as chair.

(e)  Members of the commission shall serve without compensation, but shall be

reimbursed for per diem and travel expenses.

(f)  There shall be no liability on the part of, and no cause of action of any nature shall

arise against, any member of the commission for any action taken in the performance of their

duties under this section. In addition, the commission may, in writing, waive any potential cause

of action for negligence of a consultant, contractor, or contract employee engaged to assist the

commission.

(3)  Adoption and effect of standards and guidelines.-- (a)  The commission shall

consider any actuarial methods, principles, standards, models, or output ranges that have the

potential for improving the accuracy of or reliability of the hurricane loss projections used in

residential property insurance rate filings. The commission shall, from time to time, adopt

findings as to the accuracy or reliability of particular methods, principles, standards, models, or

output ranges.

(b)  The commission shall adopt revisions to previously adopted actuarial methods,

principles, standards, models, or output ranges at least annually.

(c) A trade secret that is used in designing and constructing a hurricane loss model and

that is provided pursuant to this section, by a private company, to the commission, is confidential

and shall not be deemed a public record pursuant to the provisions of chapter 38-2.

(2)  That portion of a meeting of the commission or of a rate proceeding on an insurer's

rate filing at which a trade secret made confidential and exempt by this paragraph is discussed

shall be deemed confidential and not open to disclosure pursuant to the open meetings act, but

may be discussed at a closed meeting as provided for in chapter 42-46..

(3) The Rhode Island commission is hereby authorized to form a multi-state commission

with the states of Massachusetts, Connecticut and any other interested state in furtherance of the

goals of this act.

     SECTION 2. This act shall take effect on January 1, 2008.

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LC03228/SUB B

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