Commonwealth Automobile Reinsurers

Rule Amendments Approved during Calendar Year 2008


December 22, 2008

Rules 21, 29

Description:  CAR's due date for submission of a clean-in-three proposal was postponed to December 1, 2010 (Rules 21.E. and 29.H.).
Refer to Bulletins 887, 889 and 890.

December 18, 2008

Rule 29

Description:  Voluntary credit factors were established for policies effective April 1, 2009 through March 31, 2010 and take-out credit value and provisions were established for policies effective April 1, 2009 and subsequent (Rule 29.E.).
Refer to Bulletins 887, 889 and 890.

October 17, 2008

Rules 21, 27, 29, 30

Description:  Modifications were approved relative to placement constraints and ARC obligations relative to commissions owed on clean-in-three business (Rule 21.C. and Rule 30.D.), the exclusion from a company's voluntary market share of clean-in-three exposures written through ERPs in accordance with Rule 21.C. (Rule 29.B.) and the buying and selling of excess credits (Rule 29.G.).  Additionally, to correspond with coverage mandated by G.L. c. 175 §113H, liability limits to be offered to MAIP risks have been amended (Rule 27).  Due to the disapproval of proposed modifications to Rule 13 to require a physical redistribution of ERPs in order to grant subscription relief for oversubscribed carriers, the proposed modification to Rule 21.C. was deemed moot.
Refer to Bulletins 882 and 885.

July 18, 2008

Rule 28

Description:  Standard billing and installment plans applicable to MAIP policies effective April 1, 2009 and subsequent were established (Rule 28.C.).
Refer to Bulletins 874 and 878.

May 6, 2008

Rules 21-24, 26-38

Description:  The Emergency Rules promulgated on February 6, 2008 were approved with further amendments as detailed in the Commissioner's decision dated May 6, 2008.
Refer to Bulletins 866 and 872.

February 6, 2008

Rules 21-24, 26-38

Description:  The Commissioner promulgated Rule amendments as Emergency Rules, effective February 6, 2008. The proposed amendments to Rule 29, filed on January 31, 2008, were disapproved.
Refer to Bulletins 864 and 866.

January 2, 2008

Rules 23, 26, 28, 30

Description:  A Member declining to write a risk voluntarily must provide the reason in writing to the applicant (Rule 23). Reference to the MAIP Private Passenger Automobile Insurance Manual has been updated (Rule 26.A.).  Cancellation procedures applicable to MAIP policies were made consistent with Rule 18 of the Private Passenger Automobile Insurance Manual (Rule 26.E.).  Installment payment plans and fees on MAIP policies were approved for policies effective April 1, 2008 through March 31, 2009 (Rule 28).  During the transition period, amendments to preserve the producer/consumer relationship if an insurer elects to write a MAIP policy voluntarily were approved (Rule 30), however, proposed amendments to Rule 30 relative to the paying of commissions to the producer of record were disapproved.  The Division of Insurance issued an Order approving these Rule amendments, effective January 2, 2008.
Refer to Bulletins 850 and 861.