Property & Casualty News
June 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
Florida approved changes to legislation relating to numerous consumer protection measures, including restrictions on services provided by public adjusters. The legislation includes additional protections in any contract for services and limits on the adjuster's compensation. HB 1185
AUTOMOBILE INSURANCE
Alabama enacted legislation allowing a policyholder on active military duty to meet the Alabama requirements for mandatory vehicle liability insurance by purchasing liability coverage in the state in which he or she is serving. This exemption is subject to certain circumstances. HB 210
Maryland adopted legislation changing the Enhanced Underinsured Motorist coverage from Opt-In to an Opt-Out option. HB 128
Oklahoma enacted a law dealing with motor vehicle registration and licensing after the purchase of the vehicle. The law extends the date of a temporary license plate allowing dealers to not register vehicles, travel trailers or commercial trailers for two months rather than 30 days after purchase. HB 1390
CLAIMS / CLAIMS ISSUES
Louisiana adopted Regulation 127, the Hurricane Property Insurance Claim Alternate Dispute Resolution Program. The program addresses the hurricane mediation program and establishes disclosure requirements. Regulation 127; LAC 37 XIII.19501+
Oregon amended a law dealing with filing claims and proof of loss during a major disaster. HB 2982
COMMERCIAL LINES INSURANCE
Texas adopted a new rule dealing with rate regulation for Commercial Multi-Peril Policies. 28 TAC s 5.5101
CONFIDENTIALITY / PRIVACY
Indiana adopted a new law addressing consumer data protection. New protections include the right of the consumer to confirm whether or not a business is processing the consumer's personal data, to obtain a copy or summary of the data and to delete data. The law also includes an opt-out right. SB 5
CYBERSECURITY
Tennessee enacted the Information Protection Act. There are exemptions for insurance companies that comply with federal laws. HB 1181
DISASTER PREPAREDNESS
North Carolina's Insurance Department, Agent Services Division, outlines procedures for catastrophic motor vehicle damage appraisers. The North Carolina Emergency Management staff will not allow any motor vehicle damage appraiser access to a declared disaster area unless the appraiser is carrying proper identification. Other guidelines are included. Bulletin 23-B-05
FILING REQUIREMENTS / PROCEDURES
DC adopted an amendment changing its private passenger, non-commercial motor vehicle and homeowner rate filing standard from file and use to prior approval. The bill further requires insurers to provide written notice before policy renewal, beginning September 1, 2023. The act expires 225 days after taking effect. B 148
MISCELLANEOUS
Delaware enacted legislation raising the record retention period for licensed producers, adjusters, and appraisers from three to five years. HB 48
Nebraska created a regulatory structure for pet insurance under LB 296. A new pet insurance license has been created. Active and future property and casualty insurance agents can still sell pet insurance under their property and casualty license. Notice of May 15, 2023
New Jersey revised its telemarketing law to require the disclosure of additional information within 30 seconds of the call. SB 921
PROPERTY INSURANCE
Colorado adopted legislation creating the Fair Access to Insurance Requirements Act (FAIR). The purpose of the act is to allow the availability of property insurance to residents of Colorado. The act creates a board which is required to create a plan and present it to the Commissioner by July 1, 2024. HB 1288
REPORTS - DATA CALLS & OTHER REPORTS
South Carolina requested all carriers authorized to write property and casualty coverage, including surplus lines insurers, to provide certain information relating to the market in South Carolina by July 3, 2023. Notice of Liability Data Call of June 2, 2023
SURPLUS LINES
New Mexico notified all resident and non-resident surplus lines brokers that Bulletin 1015-007 is rescinded. Effective immediately, producers must perform the diligent search requirement in 59A-14-3 NMSA and 13.19.2.17 NMAC before placing insurance on the surplus lines market. Bulletin 2023-12
TITLE INSURANCE / AGENTS
Alaska published a bulletin clarifying which title insurance activities require a license. The bulletin includes lists of functions that do, and do not, require a license. Bulletin B 23-04
TRADE PRACTICES
Georgia approved amendments providing that certain value-added products and services will not be considered unfair trade practices or unlawful inducements in insurance. This includes certain products that enhance the health or financial wellness of the customer, incentive behavioral change or assists in the administration of coverage. HB 294
Maryland enacted the "Stop the Spam Calls Act" which places numerous restrictions on telephone solicitation and makes a violation of the act an unfair, abusive, or deceptive trade practice. HB 37
TRAVEL INSURANCE
Delaware enacted the Delaware Travel Insurance Act, establishing a framework for the sale of travel insurance in the state or to residents of the state. SB 62
WORKERS' COMPENSATION
Arizona published a notice of the Industrial Commission's Annual Claims Seminar. The seminar will provide updates regarding workers' compensation claims processing and other information. The dates of the seminar are August 10-11th, 2023. Notice Dated May 19, 2023
California has approved all recommendations submitted by the Workers' Compensation Insurance Rating Bureau, effective September 1, 2023. Until the USRP, Miscellaneous Regulations and ERP are updated, the WCIRB has created a Regulatory Filing Quick Reference Guide available on its website. WCIRB Bulletin 2023-07
CMS published an updated version 3.9 of the Workers' Compensation Medicare Set-Aside Arrangements (WCMSA) Reference Guide. WCMSA is a financial arrangement that allocates a portion of a workers' compensation settlement to pay for future medical services. The medical services must be related to the workers' compensation injury, illness, or disease. CMS Notice dated May 15, 2023
Indiana published a notice reminding interested parties that the self-insurance application/renewal for 2023 is due by July 31. Web Notice 05-25-2023
Kansas published the Notice of Maximum Benefit and Mileage beginning July 1, 2023, and the maximum weekly compensation/maximum total compensation for the period from July 1, 2023, to June 30, 2024. Notice of June 6, 2023
Nebraska passed the Critical Infrastructure Utility Worker Protection Act, which among other things, provides medical screening, testing and preventative health services to critical infrastructure utility workers in the event of an emergency involving a severe threat to human health. LB 191
Nebraska's burial benefit under the Workers' Compensation Act will increase effective July 1, 2023. This benefit applies upon the death of an employee, resulting from certain personal injuries. WC Notice of May 11, 2023
Nebraska's Workers' Compensation Court gave notice they will implement electronic notice (E-Notice) this summer. E-Notice is the electronic transmission of notices, opinions, court entries and any other dispositional orders from the court to all users who register for E-Filing. WC Notice of May 11, 2023
New Jersey's Compensation Rating and Inspection Bureau updated the wage scale in the Employer Liability Insurance Manual to increase the minimum eligible hourly wage from $32 to $34 to receive a Construction Classification Premium Adjustment Program premium credit. All other hourly wage intervals will be revised accordingly. The changes are effective January 1, 2024, for new and renewal policies. Manual Amendment Bulletin 509
Oklahoma amended a workers' compensation law to update the amount paid to a spouse and child or children as a result of death of a deceased worker. HB 1738
Oregon provided forms, examples, checklists and charts to use to provide updated cost-of-living matrix and fee schedules for vocational assistance expenditures effective July 1, 2023. Bulletin 124 (Revised)