Chapter 396

2014 -- H 7535 SUBSTITUTE A

Enacted 07/02/14

A N   A C T

RELATING TO INSURANCE - CASUALTY INSURANCE GENERALLY

Introduced By: Representatives Keable, and Carnevale

Date Introduced: February 26, 2014

 

It is enacted by the General Assembly as follows:

 

SECTION 1. Section 27-8-11 of the General Laws in Chapter 27-8 entitled "Casualty Insurance Generally" is hereby amended to read as follows:

27-8-11. Regulations on cancellation and renewal. -- (a) In addition to and not in lieu of any other power the commissioner has to issue rules and regulations, the commissioner of insurance may promulgate, in accordance with the procedure established in chapter 35 of title 42, reasonable rules and regulations concerning cancellation and renewal of liability and property damage insurance for automobiles rated as private passenger automobiles. Those regulations may require that the insurer shall furnish to the named insured and to a loss payee listed on the policy the reason or reasons for cancellation or nonrenewal. Those regulations shall also require that the insurer furnish, at least thirty (30) days prior to renewal, written notice of material coverage modifications any coverage elimination, reduction, diminution or increased deductible not at the request of the insured; and in this case the notice shall itemize and describe the coverage changes and shall be separate from the renewal policy and the notice shall be captioned "INSURANCE COVERAGE REDUCTION NOTICE". If the insurer fails to provide such notice, the coverage provided to the named insured shall remain in effect until notice is provided or until the effective date of replacement coverage obtained by the named insured, whichever occurs first. For the purpose of this section, notice is considered given thirty (30) days following the date of giving of the notice. These coverage changes must be approved by the insurance division with respect to those types of insurance defined in section 27-8-1(1) -- (8), issued to non-business insured and bodily injury and property damage liability coverage issued to non-business insured. There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner of insurance or any insurer, their authorized representatives, agents, or employees, or any firm, person, or corporation furnishing to the insurer or commissioner information as to the reasons for cancellation or nonrenewal, for any statement made by any of them in any written notice of cancellation or nonrenewal, or in any other communication oral or written specifying the reasons for cancellation or nonrenewal, or for the providing of information pertaining to the cancellation or nonrenewal, or for statements made or evidence submitted at any hearing conducted in connection with the cancellation or nonrenewal.

 (b) The commissioner shall promulgate regulations with respect to personal motor vehicle insurance, homeowners insurance, and residential fire insurance, or any components of that insurance requiring notification to policyholders and to a loss payee listed on the policy upon renewal of any material changes in policy deductibles, limits, coverage, conditions or definitions, unless the change was requested by the policyholder. coverage elimination, reduction, diminution or increased deductible not at the request of the insured.

SECTION 2. This act shall take effect on January 1, 2015.

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LC004767/SUB A
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