Chapter 198

2012 -- S 2388 SUBSTITUTE A

Enacted 06/11/12

 

A N A C T

RELATING TO INSURANCE - UNFAIR COMPETITION AND PRACTICES

          

     Introduced By: Senator Roger Picard

     Date Introduced: February 15, 2012

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 27-29-17.5 of the General Laws in Chapter 27-29 entitled "Unfair

Competition and Practices" is hereby amended to read as follows:

 

     27-29-17.5. Insured's right to loss information. [Effective January 1, 2012.] -- (a)

Upon written request by the first named insured or such insured's authorized agent or broker, the

insurer shall provide the following loss information, for the period of time coverage has been

provided by the insurer or for five (5) years whichever is less, within fourteen (14) days of such

request:

      (1) Information on closed claims, including date and descriptions of occurrence, and

payments; and

      (2) Information on open claims, including date and description of occurrence, and

amounts of any payments and or loss reserves; and.

      (3) Information on notice of any occurrences, including date and description of

occurrence.

      (b) Nothing in this section shall affect the confidentiality requirements pursuant to

chapter 5-37.3 and to insurance regulations 99 (privacy of consumer financial information) and

100 (privacy of consumer health information) as promulgated by the department of business

regulation.

      (c) This section shall not apply to life, accident, health, personal automobile,

homeowner's, dwelling and boat, personal recreational vehicles, personal excess liability,

personal umbrella, or reinsurance policies, nor shall it apply to loss reserves or notices of

occurrences for the following policies:.

      (1) Medical malpractice and medical professional liability insurance;

      (2) Liability insurance for clinical trials, kidnap and ransom; and

      (3) Commercial property for highly protected risks as defined in paragraph 27-65-

1(a)(4)(i); provided, however, for commercial property for highly protected risk policies as herein

defined, all loss reserves or notices of occurrences shall be required in the event of the non-

renewal or cancellation of the insured.

     (d) Notwithstanding any other provision of this section, loss reserve information for

claims subject to a documented coverage dispute between the insurer and the insured need not be

provided to the first named insured or such insured’s authorized agent or broker.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01457/SUB A

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