Property & Casualty News

April 2023

Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations, and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!


ADJUSTERS

Kentucky adopted amendments to its laws governing the qualifications and duties of insurance adjusters.     HB 232

New Mexico requires an individual who applies for a public adjuster license to file a surety bond in the aggregate amount of not less than $10,000. The bond is conditioned to pay actual damages to a member of the public or the state of New Mexico if the adjuster violates the law. The bond will remain in effect for the duration of the license.     HB 229


ADVERTISING / SALES & MARKETING

Arkansas amended the definition of "rebates" to modify the minimum value of gifts to $100 or less in wholesale value.     HB 1525

Tennessee extended the telemarketing provisions that apply to telephone solicitations to text message solicitations.     SB 868


AGENT / PRODUCER CONTINUING EDUCATION

California's Licensing Division published notice of required producer education for anti-fraud training. Beginning March 1, 2023, both the pre-licensing training as well as continuing education must include the anti-fraud content.     Notice Dated March 10, 2023


AGENT / PRODUCER LICENSING AND APPOINTMENT

California issued a notice reminding licensees of the annual requirement to report changes in background information.     Notice Dated March 29, 2023

West Virginia will begin company appointment renewal processing for producers through the National Insurance Producer Registry (NIPR) on June 6, 2023.     Notice dated March 15, 2023


AUTOMOBILE INSURANCE

Utah modified the statute of limitations involving personal injury from a motor vehicle accident or property damage to a motor vehicle. This law also changed the timeline within which a person must commence action for uninsured motorist coverage, plus others.     HB 388

West Virginia enacted the Electronically Distracted Driving Act which provides limitations for the use of wireless telecommunication devices and stand-alone electronic devices for personal and commercial motor vehicle drivers.     HB 2218


CLAIMS / CLAIMS ISSUES

Arkansas, as a result of the severe storms, released an emergency order requiring all insurers with affected claims to immediately begin adjusting claims and to contact all insured claimants within 10 days.     Emergency Order 4-1-2023


COMMERCIAL LINES INSURANCE

California announced an agreement to increase coverage under the FAIR plan, raising the plan's commercial coverage limit to $20 million.     3-29-2023 Press Release

West Virginia amended its Good Samaritan Law relating to actions for injuries. Certain persons who render aid or emergency care to a person at the scene of an accident, disaster or emergency are not liable for civil damages for acts or omissions.     HB 2605


CONFIDENTIALITY / PRIVACY

Iowa enacted legislation expanding consumer data privacy, including the consumer's right to delete personal data, request copies and opt-out of the sale of data. The new law is effective January 1, 2025.     SF 262


CYBERSECURITY

Utah amended its disclosure requirement for system security breaches.     SB 127


DISASTER / CATASTROPHIC EVENT

West Virginia's Insurance Commissioner ordered that all COVID-19 Emergency Orders related to insurance are rescinded as of March 24, 2023.     Emergency Order Notice 23-EO-01


DISCLOSURE REQUIREMENTS

Louisiana promulgated Regulation 124-Catastrophe Claims Process Disclosure Guide. Property and Casualty insurers must provide this disclosure to policyholders presenting a claim for an event declared by the governor to be a state of emergency. The disclosure form must be delivered to the policyholder by mail, electronic delivery or by hand on the date the adjuster commences an initial investigation of the claim.     Regulation 124


FILINGS: PROPERTY / CASUALTY

The District of Columbia amended the filing requirement for motor vehicle and homeowner rates from "file-and-use" to prior approval, with a 90-day review period. In addition, insurers must provide the policyholder with at least 60 days’ notice of any rate increase of 10% or more.     DC B 147


FINANCIAL REGULATION

Idaho issued a bulletin announcing adoption of the March 2023 version of the NAIC Accounting Practices and Procedures Manual and the January 1, 2023, edition of the NAIC's Valuation Manual for use in preparing 2023 quarterly and annual statements.     Bulletin 23-05


FRAUD / ANTI-FRAUD

Oklahoma's Insurance Department announced that the Anti-Fraud Assessment Annual Fee is due by July 1, 2023. It must be paid electronically, and paper filings and checks will no longer be accepted.     Notice dated April 5, 2023


GUARANTY ASSOCIATION

Kentucky enacted various amendments to the Kentucky Insurance Guaranty Association Act, including changes to scope, definitions, and technical amendments.     HB 210


HOLDING COMPANIES

Tennessee amended its Holding Company Law compliant with NAIC standards regarding an annual group capital calculation.     SB 239


LIABILITY INSURANCE

Florida made numerous changes to civil law, including modification to the comparative negligence standard. The bill also made changes addressing awards for attorney fees, bad faith cases and the statute of limitations for bringing a negligence action.     HB 837

West Virginia created the Motorsport Responsibility Act. This law describes the liability of motorsport operators and participants among other requirements such as inspection, maintenance and record keeping, etc.     HB 2569


MISCELLANEOUS

Kentucky enacted legislation providing the framework for a regulatory sandbox, allowing for relief of certain regulatory requirements which might otherwise inhibit innovative offerings.     HB 264


PREMIUM TAX

Colorado has amended premium tax for unauthorized insurers to provide that the premium tax rate on unauthorized insurance premiums is consistent with the rate for surplus lines insurance.     HB 1111


PROPERTY INSURANCE

Louisiana's Insurance Department published notice of comprehensive reforms, aimed at attracting more insurers to the market and lowering the cost of homeowner's insurance. The package includes incentives to build and upgrade roofs to the FORTIFIED standard.     Notice Dated April 4, 2023


WORKERS' COMPENSATION

Indiana issued guidance to be used in evaluating and processing Workers Compensation PPI injuries.     Notice dated March 20, 2023

Massachusetts announced manual pages have been posted to its website for new rates taking effect July 1, 2023.     Circular Letter No. 2415

Oregon provided a list of insurers and self-insured employers required to electronically submit detailed workers' compensation medical bill and payment data to the Oregon Department of Consumer and Business Services under OAR 436-160-0405.     Bulletin 359 (Revised)

Virginia's Insurance Commissioner approved the recent National Council on Compensation Insurance Experience Rating Plan Manual, Filing #E-1409.     Administrative Order 12168

West Virginia amended certain workers' compensation laws dealing with deliberate attempt to harm by an employer or employee, damages for non-economic loss and clarifying proof of loss, among other items.     HB 3270