Property & Casualty News
July 2022
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
Wyoming's Division of Insurance notified all non-resident adjusters and Property & Casualty insurers of licensing clarification when Designated Home State licenses are not acceptable. All non-resident adjusters licensed in Wyoming are strongly encouraged to review their resident state licensing practices and be certain they are meeting the Wyoming requirements. Renewals and applications will be delayed if the applicant's home state licensing is not acceptable. Memorandum 7-2022
CAPTIVES
Alabama revised its Captive Insurers Rule to include Captive Risk Retention Groups. Rule 482-1-138-.17.1
CLAIMS / CLAIMS ISSUES
Louisiana advised all Property & Casualty insurers and Surplus Lines insurers of the extension of the Hurricane Ida Voluntary Mediation Program until December 31, 2022. The mediation process and guidelines are included. Bulletin 2021-08 (Revised and Reissued)
CREDIT FOR REINSURANCE
Massachusetts updated its Credit for Reinsurance rule. The changes incorporate the latest revisions to the NAIC's Credit for Reinsurance Model Regulation regarding reciprocal jurisdictions. Rule 211 CMR 130.01
DISASTER / CATASTROPHIC EVENT
Texas Governor Abbott issued a disaster declaration for specific counties due to significantly low rainfall and prolonged dry conditions that continue to increase the threat of wildfire and drought conditions. Disaster Proclamation dated July 8, 2022
FILING REQUIREMENTS / PROCEDURES
Oregon's Division of Financial Regulation published updated Product Standards for several lines of property and casualty. Listing of Current Filing Forms as of July 14, 2022
FRAUD / ANTI-FRAUD
New Hampshire reminds all licensees that failure to report insurance fraud to the insurance department may subject them to administrative action, fines, or being barred from doing business in New Hampshire. Bulletin Docket INS 22-039-AB
MISCELLANEOUS
Alabama amended its regulation dealing with Custodial Agreements and the Use of Clearing Corporations by Domestic Insurance Companies. Regulation 482-1-077
Delaware passed a law that prohibits an insurer who issues or renews an insurance policy to a health care professional or health care organization from increasing premium or taking other adverse action for performing or assisting in the provision of reproductive health services that are legal in this state to an individual who is from out of state. HB 455
Michigan's Insurance Director published an update to the List of Michigan Municipalities Participating in the Fire Insurance Withholding Program. Notice INP 016 released July 1, 2022
New Jersey passed a bill dealing with reproductive health care services. It provides protection from disclosure of patient information. It exempts certain entities from written consent requirements such as a liability insurer for the defense of actions. AB 3975
New Mexico has a new web-based portal for records request submissions pursuant to the Inspection of Public Records Law. Link to the portal: https://newmexicoosi.govqa.us/WEBAPP/_rs/. Notice dated June 24, 2022
Rhode Island amended a law that relates to insurance on condominiums. A unit owner's insurance policy becomes the primary insurance policy with respect to any amount of loss covered by the association's policy but not payable under the association's policy because of the application of the deductible. HB 7526
REPORTS - DATA CALLS & OTHER REPORTS
Hawaii issued a data call to all insurers who write residential hurricane coverage in Hawaii. The data call worksheet must be submitted by September 30, 2022. Memorandum 2022-7R
SURPLUS LINES
Maryland issued a bulletin to qualified surplus lines brokers informing them of changes under SB 572 allowing reasonable policy fees on personal lines and commercial lines policies. Reports must be filed with the insurance department. Bulletin 22-09
WORKERS' COMPENSATION
Iowa's Division of Workers' Compensation adjusted the rate of mileage reimbursement effective July 1, 2022, for the following year. The per-mile rate is the rate allowed by the Internal Revenue Service for the business standard mileage rate. Notice dated June 13, 2022
Iowa's Division of Workers' Compensation published its annually adjusted maximum and minimum weekly benefit amounts. Notice dated July 1, 2022
Louisiana's Workforce Commission Office of Workers' Compensation Administration announced a change in the mileage reimbursement amount. WC Notice dated July 1, 2022
Michigan enacted legislation stating that an employer is not liable for an employee's exposure to COVID-19 if the employer was operating in compliance with all applicable laws and orders at the time of exposure. This applies to COVID-19 exposure from March 1, 2020, to July 1,2022. HB 6128
Mississippi's Workers' Compensation Commission published Notice of updates to Mileage, Weekly Maximum, and Lifetime Disability Rates. WC Notice Mileage Rates Update dated July 1, 2022
Nevada Division of Industrial Relations notifies private carriers, self-insured employers, and third-party administrators of a change to the Average Monthly Wage for fiscal year 2023. Memorandum dated July 12, 2022
Nevada's Workers' Compensation Section advises insurers, third party administrators, and interested persons of a change to the mileage reimbursement cost incurred while using a private vehicle for official state business The mileage reimbursement for an injured employee under workers' compensation is computed at the same rate. Memorandum dated July 11, 2022
New York promulgated an amendment dealing with acquisition cost charges in the durable medical equipment fee schedule published by the New York Workers' Compensation Board. 36th Amendment to Insurance Regulation 83
Oregon Workers' Compensation Division amended its rules dealing with attorney’s fees. OAR 436-001-0003+
Pennsylvania's Bureau of Workers' Compensation Healthcare Services Review Division notified Medical Fee Schedule Users of the Third Quarter Update to the Worker's Compensation Medical Fee Schedule. As COVID-19 related billing codes are available, they are added to the fee schedule. Chargemaster Distribution Date June 21, 2022
Washington's Office of Financial Management updated the Workers' Compensation Reimbursement Rates for Lodging, Meals, and Privately-Owned Vehicle Mileage. WC July 2022 Mileage Reimbursement Rates July 1, 2022
Wisconsin's Commissioner of Insurance approved an overall decrease in workers' compensation rates of 8.47%. This applies to policies effective October 1, 2022, and thereafter. Other changes are also being made. Circular Letter 3244