Property & Casualty News
We are celebrating over 25 years of providing selected items of current interest to our clients and friends. The items contained in this newsletter are derived from bulletins, regulations and legislative activity affecting the insurance industry. Please feel free to share this newsletter with others that may be interested. Contact our office for further details about any of the items contained in the newsletter.
AGENT / PRODUCER COMPENSATION
New Mexico enacted legislation to allow for payment of insurance agent and broker commissions and other compensation to deceased agents' and brokers' estates. House Bill 80
AGENT / PRODUCER CONTINUING EDUCATION
Florida amended its rules to establish requirements and standards for all continuing education courses, providers of continuing education courses, and records for all persons licensed to transact business or adjust claims in insurance or act as a limited surety or bail bond agent in this state. FAC Rule 69B-228.010+
AGENT / PRODUCER LICENSING AND APPOINTMENT
Virginia amended its regulation relating to reciprocal insurance license requirements. SB 1158, 38.2-1024, 38.2-1027, and 38.2-1208
Arkansas approved a bill amending the law regarding autocycles. SB 365, 27-20-301; 27-20-303; 27-20-306; 27-20-307; 27-49-219
Arkansas enacted legislation to amend the motor vehicle insurance law. HB 2193
Colorado amended its bulletin regarding reduction in rates for drivers age 55 or older who have successfully completed driver education courses. Bulletin No. B-5.6
Colorado amended its regulation regarding electrical assisted bicycles. HB 17-1151
Colorado amended its regulation regarding motor vehicle self-insurance. 3 CCR 702-2 Reg. 2-1-10
Georgia issued a directive regarding prompt payment of towing costs. DIRECTIVE 17-EX-3
Idaho amended provisions relating to recreational vehicles. HB 156, 49-117; 49-119; 49-121; 49-445
Virginia amended insurance laws relating to automobile clubs. SB 1074, 38.2-100; 38.2-514.1
Virginia amended its regulation relating to the reporting of a law enforcement officer involved in an accident. HB 2336, 46.2-373.1
Virginia approved a bill relating to electronic personal delivery devices. HB 2016, 46.2-100
Washington amended its regulation regarding the release of certain information concerning actions of registered tow truck operators. SB 5343, 46.52.130
Arkansas enacted legislation to revise provisions of its Insurance Code related to formation and operation of captive insurance companies. House Bill 1476
CONFIDENTIALITY / PRIVACY
Tennessee amended its consumer protection law regarding identity theft deterrence and breach of personal consumer information. SB 547, 47-18-2107
Utah enacted legislation to define the term "identifying information" and to prohibit its dissemination without authorization. Senate Bill 227
Idaho enacted legislation creating Chapter 64 of its Code, addressing Corporate Governance Annual Disclosure. House Bill 102
CORPORATE GOVERNANCE ANSWERS? WE’VE GOT THEM!
Want help with CGAD, ORSA and other reporting readiness?
First Consulting has answers! Click here to learn more.
CROP HAIL INSURANCE
Arizona amended its statute to include limited line crop insurance in the definition of limited line insurance. HB 2052
DISASTER / CATASTROPHIC EVENT
Louisiana adopted an emergency rule regarding suspension of right to cancel or nonrenew residential, commercial residential, or commercial property insurance due to historic flooding, effective May 11, 2017 through August 14, 2017. Emergency Rule 33
New Jersey issued a bulletin requesting contact information relating to disaster preparation plans for all insurers authorized or admitted to transact business in the state and noting that any change to such information should be reported, via the address information supplied, within 30 days of such change. Bulletin 17-04
Arizona amended its regulation regarding record retention. In most cases an electronic record will satisfy record retention requirements. 44-7012; SB 1084
Arizona enacted legislation to require state agencies to accept electronic records and electronic signatures. SB 1078, 18-106, 18-442; 44-7011
FILING REQUIREMENTS / PROCEDURES
Texas issued an order regarding the Texas Fair Access to Insurance Requirements Plan Association rate filings. Order No. 2017-5026
EXPANDING YOUR TALENT POOL WITH FIRST CONSULTING
We can help draft and file endorsements that modify ISO, AAIS or company-specific programs.
Plus our filing work can be performed on your SERFF instance.
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FRAUD / ANTI-FRAUD
Arkansas approved a bill amending the statutes of limitation for fraudulent insurance acts. SB 223
Colorado enacted legislation to amend its definition of insurance fraud. House Bill 17-1048
Arkansas approved a bill amending the Arkansas Civil Rights Act of 1993 concerning damages available to a person who proves a discrimination offense. HB 1737
Colorado approved a bill concerning elimination of the requirement that a law enforcement agency is the only entity authorized to take fingerprints for the purpose of a background check. SB 17-189
Colorado enacted a law to provide additional protection to volunteers and nonprofit organizations providing land stewardship services on public lands. SB 100, 33-11-113, 33-11-103
Colorado enacted legislation concerning immunity from criminal and civil liability for a person who renders emergency assistance from a locked vehicle. HB 17-1179, 13-21-108.4
Delaware amended its regulation regarding general requirements for aboveground storage tanks. DNR 1352+
South Dakota added a new provision regarding landowner liability for injuries suffered by an uninvited person. HB 1068
South Dakota enacted a bill regulating the use of drones. SB 80
Virginia amended its regulation regarding liability of person rendering emergency care to provide immunity for certain school employees who assist a diabetic student with their insulin pump. SB 1116, 8.01-225
Virginia amended its regulation relating to dangerous dogs. HB 2381
Virginia amended provisions relating to administration of medication to treat adrenal crises. HB 1661, 54.1-3408; 8.01-225
Washington amended regulations relating to petroleum storage tank systems and pollution liability insurance. HB 1266, 70.149.010, 70.149.020, 70.149.030, 70.149.040, 70.149.070, and 64.70.020
West Virginia amended its code regarding civil immunity for school transportation personnel who administer an epinephrine auto-injector to students or personnel. HB 2373, 18-5-22c
Arkansas amended the law concerning transactions that are not covered by mortgage lien protection. HB 2048, 23-62-105
Utah amended its regulation related to driving under the influence. The intoxication limit was reduced in traffic and workers' compensation laws. HB 155
Utah enacted a bill that creates a new chapter regarding access to digital assets when a person is incapacitated or deceased. HB 13
RESEARCH & SURVEY HELP
Whether you need new research or need to update to an ‘old’ chart,
we have the expertise and capacity to handle most any challenge,
and most importantly these surveys can be performed anonymously.
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PORTABLE ELECTRONICS INSURANCE
Idaho amended requirements concerning communication with a customer by email. SB 1049, 41-1088
Arizona amended its statutes regarding premium taxes due the 15th of each month March through August. HB 2069, 20-224, 20-225, 36-2905 & 36-2944.01
PROFESSIONAL LIABILITY INSURANCE
Utah amended its laws pertaining to informed consent and certain patient monitoring requirements for sedated patients. The Act also establishes a database for adverse events. HB 142
Virginia approved a bill regarding reporting the disabilities of drivers. Named medical professionals who report to the Department of Motor Vehicles the existence, or probable existence, of a mental or physical disability or infirmity of any person which the practitioner believes affects such person's ability to operate a motor vehicle safely will not be subject to civil liability. SB 1024, 54.1-2400.9
Arkansas amended its valued policies law. SB 579, 23-88-101
Wyoming enacted regulations relating to consumer protection regarding requirements for exterior storm damage repair solicitation. SF 127, 40-12-701; 40-12-702; 40-12-705
REPORTS - ANNUAL / QUARTERLY STATEMENT
Connecticut amended its regulations relating to annual audited financial reports of insurers and insurer groups. 38a-54-2, 38a-54-11a, 38a-54-11c , 38a-54-11d
REPORTS - DATA CALLS & OTHER REPORTS
Delaware issued a bulletin regarding the annual requirements for homeowners' insurance rate information. Bulletin 74
South Carolina issued a notice regarding the annual data call for insurers writing private passenger automobile insurance or homeowners insurance to submit sample rates. Notice of April 21, 2017
Texas issued a bulletin regarding a data call for all insurers who write personal automobile and residential property policies in the state to provide information for the 2017 Helpinsure.com price comparisons. Bulletin B-0004-17
SERVICE CONTRACTS / WARRANTY INSURANCE
Tennessee amended its law regarding service contracts that are exempt from regulation as insurance. 56-2-126
Florida amended its rules regarding procedures for surplus lines insurers and agents related to the collection of taxes. FAC 69P-5.002, .003, .004, .005, .006, .008, .012
Nebraska amended its surplus lines insurance definition for exempt commercial purchaser. LB 113, 44-5502
Washington amended its regulation relating to surplus lines broker licensing. HB 1027, 48.15.070 and 48.15.073
TITLE INSURANCE / AGENTS
Arkansas approved a bill clarifying that no cause of action exists for negligence by an insured against a title insurance agency or agent for lack of reasonable care in a title search under the Arkansas Title Insurance Act. HB 1828
Washington enacted legislation regarding creation and establishment of rights and duties for title insurance rating and advisory organizations. HB 1450, 48.29.010, 48.29.147, 48.29.017, and 48.29.005
Arkansas enacted a bill concerning definitions applied to deceptive trade practices. HB 1742, 4-88-113
Arkansas approved a bill concerning entities authorized to tax and license a transportation network company. HB 1573
Virginia amended its regulation relating to transportation network company partner vehicles. HB 2019
Idaho added provisions creating the Limited Lines Travel Insurance Act. SB 1079, 41-1090 through 41-1097
Arkansas approved a bill concerning the liability of an employer for medical services and supplies to provide treatment of rabies. HB 1813
Arkansas enacted a bill to clarify final settlements involving joint petitions under the Workers' Compensation law. SB 760, 11-9-805
California amended its regulation concerning Workers' Compensation requirements for the return-to-work supplement application. T. 8 s 17304
California amended its regulation regarding filing and service of lien claims for Workers' Compensation. T. 8 s 10770; T. 8 s 10770.7
California amended its rules regarding the Workers' Compensation Information System. T. 8 s 9701; T. 8 s 9702
Utah enacted legislation regarding policies that may be implemented to minimize the risk of prescribing opioids. HB 90
Washington amended its regulation relating to third-party settlements involving state fund claims for Workers' Compensation. HB 1755, 51.24.090
We’ve been helping the industry expand their products. Can we help your business?
We oftentimes help draft and file endorsements that modify ISO, AAIS or company-specific programs. Our subject matter experts (SME) can work directly with your SME’s throughout the development stages and discussion of coverage changes being considered. Plus our filing work can be performed on your SERFF instance.
As you set yourself apart to expand your business, please give me a call so we can discuss your project plan to see how we can help your product development efforts.
First Consulting can help with challenging tasks or if you are having difficulty finding the time to tackle an item.
Whether you need new research or need to update to an ‘old’ chart, we have the expertise and capacity to handle most any challenge. Our research and survey assistance can be tailored to summaries of state requirements or we can contact regulators directly to determine their positions; and most importantly these surveys can be performed anonymously.
Having First Consulting provide the research assistance you need, will help put your plans into action sooner.
Let me know a good time for us to review your needs.