Chapter 274
2011 -- S 0513 AS AMENDED
Enacted 07/12/11
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES
Introduced By: Senators Jabour, and Bates
Date Introduced: March 10, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 31-33-8 of the General Laws in Chapter
31-33 entitled "Safety
Responsibility Violations -
General Provisions" is hereby amended to read as follows:
31-33-8. Assigned
risk plans. -- (a) After consultation with the
insurance companies
authorized to issue automobile liability and/or physical damage
policies in this state, the
insurance commissioner shall approve a reasonable plan or
plans, fair to the insurers and
equitable to their policyholders, for the apportionment among
the companies of applicants for
motor vehicle liability and/or physical damage insurance
who are in good faith entitled to but are
unable to procure insurance through ordinary methods. The
insurance commissioner shall require
that all insurance companies participating in any plan or
plans file an annual report with the
insurance commissioner on business written in the plan or plans
that indicates each company's
total premiums and total losses in business written in the
plan or plans. Any insurance company
may designate a statistical agent to file the annual
report on its behalf.
(b) The plan or plans
shall provide coverage for liability imposed by law for damages
arising out of the ownership, maintenance, or use of the
vehicle or vehicles within the United
States or the Dominion of Canada, up to a limit of two
hundred fifty thousand dollars ($250,000)
because of bodily injury to or death of one person in any one
accident and, up to a limit of five
hundred thousand dollars ($500,000) because of bodily injury
to or death of two (2) or more
persons in any one accident.
(c) When any plan or
plans have been approved, all the insurance companies shall
subscribe to it or them and participate with respect to those
types of insurance which they write in
the state. Licensed non-resident insurance brokersagents producers shall be allowed to
submit
applications to the plan or plans, provided that the state in
which they hold a resident brokers
license allows brokersagents
producers access to their respective plan or
plans, or similar residual market mechanism.
(d) Any applicant for
insurance, any person insured under the plan, and any insurance
company affected, may appeal to the insurance commissioner
from any ruling or decision of a
manager or committee designated to operate the plan or plans.
Any order or act of the insurance
commissioner under the provisions of this section shall be subject
to review on petition filed by
an aggrieved party in the superior court for the
counties of
days after notice of it is given. The court shall
determine whether the filing of the petition shall
operate as a stay of any order or act of the insurance commissioner,
and the court shall summarily
hear the matter. The court may, in disposing of the issue
before it, modify, affirm, or reverse the
order or act of the insurance commissioner in whole or in
part.
SECTION 2. Section 3-14-14 of the General Laws in Chapter
3-14 entitled "Rhode
3-14-14.
Insurance records. -- (a) The commissioner of insurance shall keep records and
shall collect and maintain records on the following
statistics concerning liquor liability insurance
in this state:
(1) The number and
names of companies writing liquor liability insurance, either as a
separate line or in a larger policy;
(2) The number and dollar
amount of premiums collected for liquor liability insurance
policies; and
(3) The number and
dollar amount of claims paid out under liquor liability insurance.
(b) The commissioner
of insurance shall make records available. The commissioner of
insurance shall make available to the legislature the
information collected and maintained under
subsection (a).
SECTION 3. Section 27-7.1-7.2 of the General Laws in Chapter
27-7.1 entitled
"Workers' Compensation
Insurance" is hereby repealed.
27-7.1-7.2.
Annual report. -- The director of
business regulation shall provide by
regulation for an annual report to be filed by each insurer
writing workers' compensation
insurance in the state. The regulation shall require the
reporting of litigation expenses incurred by
insurers, including the payments made for claimants'
attorneys' fees, defense counsel fees,
medical testimony, and any other information deemed relevant
by the director. Insurers shall also
be required to specify the number of claims and portion
of their indemnity benefits paid out
periodically, and the number of claims and portion of indemnity
benefits paid out as lump sum
settlements. The director shall also order the insurers to
perform closed claim studies regarding
losses and expenses related to vocational rehabilitation,
physical therapy, chiropractic services,
safety programs or any other matters he or she deems
appropriate.
SECTION 4. Section 27-9-55 of the General Laws in Chapter
27-9 entitled "Casualty
Insurance Rating" is
hereby repealed.
27-9-55.
Annual report. -- The director of
business regulation shall provide by
regulation for an annual report to be filed by each insurer
writing automobile insurance in this
state. The regulations shall require the reporting of
litigation expenses incurred by insurers,
including the payments made for claimants' attorneys' fees,
defense counsel fees, expert witness
fees, and any other information deemed relevant by the
director.
SECTION 5. This act shall take effect upon passage.
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LC01224
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