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P.L. 81-2012 (HEA 1226), effective July 1, 2012, amended IC 27-1-20-36 to add a new section requiring individual health insurers to provide the Department written notice of the insurer's intent to withdraw from the individual health insurance market at least 180 days before the insurer withdraws.
Questions regarding this Notice should be directed to Tyler Ann McGuffee, at (317)234-7733 or firstname.lastname@example.org.
P.L. 13-2012 (HEA 1050), effective July 1, 2012, amended IC 27-1-2.1 to exempt health care sharing ministries from all requirements of Indiana insurance law and specifies requirements for a health care sharing ministry.
Notice to Insurers and Producers Regarding the Use of Rating Differences
Intended to Control Rate Changes
P.L. 55-2011 (HEA 1385), effective July 1, 2011, amended IC 27-1-22-3(a)(4) to allow rating differences intended to control rate changes under certain circumstances. After careful consideration, the Department has determined that the phrase “transfer of a policy in force among insurers” includes insurers represented by the same independent agent and applies in the case of a book roll. When reviewing filed rates, the Department will not object if a rating plan is intended to control rate fluctuations applicable to current policyholders as a result of a book roll. Rating plans previously rejected may be resubmitted for review based on the statutory change.
Questions regarding this Notice should be directed to Kate Kixmiller, Deputy Commissioner for Property & Casualty, at (317) 232-3495 or kkixmiller@idoi.IN.gov.
Indiana HEA 1024 (P.L. 116-2011), effective July 1, 2011, adds sub-section IC 27-7-5-2(f), which eliminates the requirement to make uninsured and underinsured motorist coverage available on commercial policies in which the only auto exposure is for hired/non-owned vehicles. The UM/UIM offer continues to be required in conjunction with commercial policies that cover owned vehicles. Commercial umbrella and commercial excess liability policies are exempt from the UM/UIM offer requirement per IC 27-7-5-2(d).
The Indiana Department of Insurance urges insurance companies offering coverage for residential property and personal property used within residential dwellings to provide conspicuous written disclosure to the prospective named insured or the named insured that claims against the policy may be considered by the insurer in determining whether to renew the policy.
In 2009 the IDOI began objecting to various types of Other Insurance provisions in property and casualty policies providing motor vehicle coverage because of legislative amendments to IC 27-8-9-7 regarding primary coverage for passengers. Additional amendments to IC 27-8-9-7(e) in 2010 have led the IDOI to the conclusion that certain of these objections are no longer necessary. Henceforth, Other Insurance provisions under the liability coverage section of motor vehicle policies which include no exception indicating primary coverage for passengers will not be objected to by the Department. However, the IDOI continues to interpret the statute to continue to require an owner's policy to provide primary coverage for passengers under Med Pay and UM/UIM.
Effective 5/1/2010 for specified accident and health rate revisions and effective 6/1/2010 for private passenger auto and homeowners rate revisions, our SERFF filing requirements will include required completion of all fields on the rate/rule schedule tab. Additional compulsory information is also identified by line of business in our updated SERFF submission requirements. Detailed information regarding these updates can be accessed via the SERFF system.
IMPORTANT NOTICE TO FILERS OF TRAVEL INSURANCE FORMS AND RATES
You will no longer have to make separate filings under Property/Casualty and Accident/Health for products that ‘bundle’ both exposures. Travel filings may be made under either a 1B or 2A licensure, but all travel filings should be submitted under the NAIC A&H TOI as they will be reviewed by the A&H analysts. This brings you the opportunity to file group platform products which could not be done previously under P&C rules. This change of procedure is effective June 1, 2008. Any filings received on or after that date will be handled as outlined above.
Policy forms, rates and rules are available for public access at the Indiana Department of Insurance by accessing the Rate Watch web application, by appointment or through outside vendors. The vendor information listed below is provided as a courtesy. The Indiana Department of Insurance does not recommend or endorse private vendors.
Rate Watch The website application will allow consumers to review information regarding premiums charged for health insurance and search recently submitted rate filings. The rate filings are available at http://www.in.gov/idoi/ratewatch/.
Health Filings The following link provides the health insurance companies that requested a rate increase in Indiana for their specific health product:
The filings are posted in accordance with the Rate Increase Disclosure and Review 45 CFR Part 154 issued by the Department of Health and Human Services on May 23, 2011.
Perr & Knight Through an arrangement between Perr & Knight and the Indiana Department of Insurance, all policy forms, rates and rule filings with the Department of Insurance are scanned and made available to the public online. For a fee, anyone may view and download this information from Perr & Knight at http://www.perrknight.com/. Perr & Knight may also be contacted by phone at (310) 230-9339.
Martin & Company Martin & Company has available approved rate and form filings accessible through http://www.filingsdirect.com/. This searchable, multi-state database will provide individuals the ability to search for recently approved filings. For a fee these filings can be downloaded. On-site research is available for specific or large filing projects. Martin & Company can be reached at DOIFilings@martincompanyus.com or (800) 896-8000.
Information Recovery Corporation Located in Indianapolis, IRC provides timely, on-site, personalized, custom searches for paper, SERFF, and archived filings at a competitive rate. Contact James A. Gillaspy at email@example.com or call (317) 997-8452.
A.M. Best provides access to a Multi-State Searchable Database for a fee per state. The database allows users to view and download the complete filings for both Commercial and Personal lines as filed by Property/Casualty companies with the state. For further information contact A.M. Best at firstname.lastname@example.org or call 908-439-2200 Ext 5674.
The Department of Insurance continues to provide access to paper copies of all filing information at no charge to members of the public. Access to original filings may be obtained by first calling ahead, requesting the specific filings desired, and arranging an appointment to view the documents at IDOI offices located at 311 West Washington Street, Indianapolis, Indiana.
Appointments for on-site viewing at IDOI may be made by emailing Mary Ann Williams or by calling her at (317) 232-4391.
For those wishing to make copies of filing information, a coin-operated copier is provided.
Under IC 27-1-3-15, the following fees apply to all rate and form product filings in all classes of business:
Each insurer shall remit to the commissioner for deposit into the Department of Insurance fund established by IC 27-1-3-28, a fee of $35 per company for each policy, rider, rule, rate, or endorsement filed with the state including subsequent filings. As provided in IC 27-1-3-15 (f), each policy, rider, rule, rate, or endorsement that is filed as part of a commercial product filing or in association with a commercial product filing is an individual filing subject to a fee of $35 per company. The total amount of fees paid by each insurer for a particular product filing may not exceed the greater of one thousand dollars ($1,000) or the retaliatory amount, as required by IC 27-1-20-12.
Product Filing Fees Payment Requirements
Beginning January 1, 2013, IDOI requires all state product filing fees for rates, policy forms and/or rules to be submitted via Electronic Funds Transfer (EFT) at the time of filing submission. The IDOI will no longer invoice filing fees on a quarterly basis.
If your company has already implemented EFT in the System for Electronic Rate and Form Filing (SERFF), no further action is needed. If your company has not implemented EFT, contact the SERFF Marketing Team by email at email@example.com or at 816-783-8787 to implement this option. Additional information is available at http://www.serff.com/eft.htm. For those companies that do not file via SERFF, please contact the IDOI for an alternative arrangement.
Contact Alonza Taylor, Filing Fees Auditor at firstname.lastname@example.org or 317-234-5473 for questions regarding filing fees.
Property/Casualty product filings for policy forms, rates or rules may be filed via SERFF.
Property/Casualty insurance scoring models containing credit information only are eligible for confidential treatment under IC 27-2-21-20 and must be filed separately from other filing materials as a paper filing.
All Accident/Sickness and Life/Annuity product filings for forms and rates may be filed via SERFF or on paper. Other types of reporting requirements such as Medicare Supplement Refund Calculation Reports, Long Term Care Reports, and Credit Deviation Reports should continue to be submitted by paper ONLY.