(PROPERTY BUREAU)

Guidelines for Rate, Form, Territory, Classification and Rule Filings Submitted via Paper

Table of Contents

SECTION I   Introduction

In Department Circular Letter No. 15 (2003) and Circular Letter No. 5 (2009), the Department requested that all filings should be made using the NAIC's System for Electronic Rate and Form Filing (SERFF). SERFF is a web-based electronic filing system which among other benefits facilitates communication, management, analysis and electronic storage of filings including supporting information. The vast majority of entities that make filings have implemented this filing method as evidenced by the fact that almost all property/casualty rate, rule and form filings are submitted via SERFF.

The Department strongly encourages companies to use the SERFF system to submit rate, rule and form filings to the Department. SERFF’s design improves the efficiency of the rate and form filing and review process thereby reducing time and costs involved in getting property/casualty insurance products that are in compliance with regulatory requirements to market. If you are not a registered SERFF user and wish to become one you may visit the SERFF web site at http://www.serff.com for information about registering for SERFF. If you are a registered SERFF user you may access our SERFF instructions by clicking on the following, http://www.dfs.ny.gov/insurance/serff_main.htm.

However, for any insurer or other entity that submits a paper filing in lieu of a SERFF filing for any policy form, rate and/or rule, the guidelines, requirements and other instructions that must be complied with are described below. Compliance with these procedures does not guarantee acknowledgement or approval of the filing.

SECTION II   General Guidelines

1. General
   1. Filings should be addressed to:

      New York State Insurance Department
      Property Bureau
      Preparation & Analysis Unit
      25 Beaver Street, 2nd floor
      New York, NY 10004-2319

   2. Circular Letter No. 5 (2009) advises that the Property & Casualty Transmittal Document should be completed for all submissions of paper filings. See SECTION III PROPERTY & CASUALTY TRANSMITTAL DOCUMENT below.
   3. Insurers or their authorized representatives should submit filings with sufficient time prior to the proposed implementation date to permit review of the filing by Department staff.
   4. The entire filing should be submitted in DUPLICATE except a filing related to automobile insurance should be submitted in TRIPLICATE.
   5. If you wish to have the receipt of a filing acknowledged, please refer to Supplement No. 1 to Circular Letter No. 11 (1998) , issued on November 10, 1998.
   6. Filings made by entities that do not have an NAIC # (Company Code): Below are Department Entity Codes to be used by entities that do not have an NAIC # (Company Code) when submitting filings. For all new rates, forms, territories, classifications or rules submitted by any of the entities listed in the table below the designated Dept. Entity Code should be entered in the “NAIC #” field on the Property & Casualty Transmittal Document. If a Dept. Entity Code is not listed contact Anthony Bonner by phone at (212) 480-5594 or e-mail Anthony Bonner to obtain instructions on how to submit the filing.
      
      

      Dept. Entity Code	Company Name
      N0942	American Association of Insurance Services (AAIS)
      N1412	Associated Co-operative Inland Marine Conference
      N1413	Automobile Insurance Plans Service Office (AIPSO)
      N1415	National Crop Insurance Services, Inc.
      N1416	Factory Mutual Service Bureau
      N1417	Hail Information Services, Inc.
      N1418	Insurance Services Office, Inc. (ISO)
      N1420	Mill and Elevator Rating Bureau
      N1421	New York Compensation Insurance Rating Board (NYCIRB)
      N1423	Surety Association of America (SAA)
      N1424	Underwriters Rating Board (URB)
      N2591	Title Insurance Rate Service Association (TIRSA)
      N3174	IRM Services, Inc.
      N5521	MSO, Inc.
      N6248	Riverstone Insurance (UK) Limited
      N6250	Mapfre Re, Compania de Reaseguros, S.A.
      N6358	Property Casualty Insurers Association of America

2. Adoption or Modifications of Rate Service Organization (RSO) or Other Filings
   1. Adoptions of Rate Service Organization (RSO) filings must be only for filings that have been approved or accepted for use in New York.
   2. If new form(s), territories, classification(s), or rule(s) are being filed and they are similar to ones currently approved for use by a Rate Service Organization (RSO), then Items #15, 16, 17, and 18 of the Property & Casualty Transmittal Document must be completed and the Filing Description should include the Department's "R" file number and the effective date of the approval for the applicable RSO filing. If the insurer’s filing is currently in use in another state, this should be indicated in the Filing Description.
   3. If the company wants to use an RSO’s loss costs rating plan, the rate filing sequence checklist must be completed. For rating plans, a copy of the rating plan must also be submitted and attached to the Rate/Rule Schedule. For adoption of loss costs, the insurer’s rate/rule page(s) containing the proposed Loss Costs Multiplier(s) must be submitted.
   4. If new forms, territories, classifications, or rules are being filed and there are similar ones currently approved for use by another insurer, the Filing Description should include reference to the Department's file numbers or SERFF tracking numbers and effective dates of the approval for the applicable insurer’s filing and copies of the approved items should be included. If the insurer’s filing is currently in use in another state, this should also be indicated in the Filing Description.
3. Requests for Confidentiality / Proprietary Material
   1. The Department does not permit the company to designate the whole filing as confidential except as permitted by the Insurance Law, for example, credit scoring models.
   2. If you are requesting confidentiality under the Freedom of Information Law for a part of your filing, please identify the specific language in the specific document, e.g., specific supporting documentation for rates, for which confidentiality is being requested in the Filing Description on the Property & Casualty Transmittal Document.
   3. If you are requesting confidentiality for documents and/or amendments sent after the initial submission of the filing, please identify the specific language in the specific document, e.g. specific supporting documentation for rates, for which confidentiality is being requested in a cover letter.
   4. The request for confidentiality must be clearly stated and/or designated as described above and must be made by the entity submitting the filing. A request for confidentiality made by a third party other than the submitting party is not deemed to be a statutory request [e.g., a filing submitted by an insurer containing actuarial supporting documentation done by an actuarial firm which includes a request by the actuarial firm to the insurer for confidentiality will not be recognized as a request for confidentiality by the insurer (the entity submitting the filing)].
   5. Note the process of making a determination regarding whether a portion of the filing meets the standards contained in Section 87(2)(d) of the N.Y. Public Officers Law will begin at the time it is requested by a member of the public. This law exempts from disclosure records that contain trade secrets or would cause competitive injury, if disclosed.
   6. Pursuant to Section 2806(b) of the New York Insurance Law, any filing relating to credit information is not subject to disclosure under Article 6 or Article 6A of the Public Officers Law.
4. Free Trade Zone Class 3 Risks

   Chapter 490, which took effect on November 15, 2011, amended Insurance Law § 6303 by adding a new (a)(3), which sets forth a new special risk insurance exemption (“class 3”) from rate and form filing or approval requirements until June 30, 2013 for certain types of policies issued to large commercial insureds that employ or retain a special risk manager to assist in the negotiation and purchase of the policies. Pursuant to Third Amendment to Regulation 86 Section 16.4 (c)(1), insurers are required to electronically submit via SERFF all FTZ Class 3 submissions unless they have filed and received approval for a hardship exemption from the electronic filing requirement in which case the paper filing requirements should be followed. Insurers are required to make three separate submissions for each FTZ Class 3 policy issued as follows:

   The Department’s e-mail address used to receive the certificate of insurance was previously impeded by the affects of Storm Sandy. This impediment has been removed as of February 13, 2013 and filers should continue to use PRPFTZClass3Submissions@dfs.ny.gov.

   1. Certificate of Insurance to be filed within one business day of binding the coverage.

      Pursuant to Section 6303(a)(3)(B) of the Insurance Law the company is required to file with the Superintendent a certificate of insurance evidencing the existence and terms of every such policy within one business day of binding the insurance coverage by sending an email with the certificate of insurance attached to the Department of Financial Services at the following e-mail address, PRPFTZClass3Submissions@dfs.ny.gov. The e-mail caption should say FTZ Class 3 Certificate of Insurance. The body of the e-mail must contain the name of the insurance company, the NAIC number, the named insured, the inception date of the policy and the policy number if known.

   2. Certificate of Insurance and the Supplemental Checklist and Certification Form to be filed within 30 days of the inception date of the policy.

      Pursuant to Section 16.4(b)(2) of Regulation 86 the company is required to file the supplemental checklist and certification form along with a copy of the certificate of insurance previously filed pursuant to Section 6303(a)(3)(B) of the Insurance Law within 30 days of the inception date of the policy.

      For the Paper submission information is to be provided on the Property & Casualty Transmittal Document general information section and form section.

      On the general information section enter all the relevant information and select the Filing Type: “FTZ Class 3 Certificate of Insurance”. The Filing Description field must include the following language: “The company is submitting the FTZ Class 3 Certificate of Insurance and FTZ Class 3 Supplemental Checklist and Certification Form for policies issued to a FTZ Class 3 risk. The certificate of insurance for this risk was also e-mailed to the Department of Financial Services on (insert date here).”

      On the form schedule list the following two items individually:

      1. FTZ Class 3 Certificate of Insurance.
      2. FTZ Class 3 Supplemental Checklist and Certification Form.
      The form(s) must be included with the submission.

   The Supplemental Checklist and Certification Form is available in PDF and WORD format to download.

   • Supplemental Checklist and Certification Form: PDF
   • Supplemental Checklist and Certification Form: Word
   3. Submissions of Policy Form(s) that has (have) not been previously filed with the Department

   Pursuant to Section 6303(a)(3)(C) of the Insurance Law the company is required to file for information only any form that has not been previously filed with the Superintendent within three business days after the first delivery of a policy using such form, but no later than 60 calendar days after the inception date of such policy. It should be noted that any policy form that an insurer previously filed with the Superintendent and that the Superintendent disapproved or rejected or that the insurer withdrew will not be considered to have been previously filed with the Superintendent.

   For the Paper submission information is to be provided on the Property & Casualty Transmittal Document general information tab and form tab.

   On the general information tab enter all the relevant information including referencing the Department file number for the corresponding FTZ Class 3 Certificate of Insurance which was previously filed with the Department and select the Filing Type: “FTZ Class 3 Form”. The Filing Description field must include the following language: "The company is submitting for informational purposes the form(s) for policies issued to a FTZ Class 3 risk which has (have) not been previously filed with the Superintendent. This policy form submission relates to Department File Number (Insert Number here) for the FTZ Class 3 Certificate of Insurance submission previously filed with the Department for this policy."

   On the form schedule, for each form submitted complete the fields for the form name, form number, form type. The form(s) must be included with the submission.

SECTION III   Property & Casualty Transmittal Document

The Property & Casualty Transmittal Document is required to be completed for all paper submissions of filings. (Word format)

The Property & Casualty Transmittal Document will facilitate handling of paper filings by the Department. The use of a uniform transmittal document will streamline the process of capturing necessary data and other key information related to the filing. Currently, insurers that use the paper filing method provide this important information in various formats and in various documents within a filing.

Note: credit scoring model filings - The Department recommends that the company submit credit scoring model filings and any revisions as a stand alone file. Credit scoring model filings and any revisions must be included in the Rate/Rule Schedule. Filings to adopt credit scoring models from a third party without any modifications do not have to be listed on the Rate/Rule Schedule. Pursuant to Section 2806(b) of the New York Insurance Law, any portion of the filing relating to credit information is not subject to disclosure under Article 6 or Article 6A of the Public Officers Law. The company should indicate in the Filing Description that the entire filing is confidential. Article 28 of the Insurance law, Regulation 182 (Limitations Upon and Requirements for the Use of Credit Information for Personal Lines Insurance) and Circular Letter No. 2 (2005) provide additional requirements regarding the submission of credit scoring model filings and any revisions.

Field-based instructions for the Property & Casualty Transmittal Document for paper filings which follow provide details regarding how to complete the form:

Note, an asterisk "*" on the form denotes a required field on the Property & Casualty Transmittal Document.

1. General Information

   Fields 1 through 19 on the first two pages of the Property & Casualty Transmittal Document are for general information about the filing. These fields must be completed by all filers.

   1. Group Name and Group NAIC # as assigned by NAIC.
   2. Company Name(s), State of Domicile, NAIC #, FEIN#: Every company to which this filing applies must be listed and the company information must be supplied. A filing that lists a group without supplying company info will not be accepted. If the company does not have an NAIC # please follow the instructions in Section II, (A) (6) above.
   3. Company Tracking Number: The filing number assigned by the insurance company, if any.
   4. Contact Information: The company must supply the information on the person the Department should contact if there is a question/problem with the filing.
      Third-Party Filer: Use check boxes to indicate “Yes” or “No”. If “Yes” complete the name of the Third-Party entity
   5. Date submitted: The date the company sends the filing.
   6. Are you making this filing on a Speed-To-Market basis: Use check boxes to indicate “Yes” or “No”. For information regarding Speed-To-Market, please review Supplement No. 5 to Circular Letter No. 11(1998), issued on March 21, 2003.
   7. Effective Date(s) Requested: This is the effective date the company requested when they made the filing. It is not necessarily the date the filing officially becomes effective. This is also where the company can indicate the different effective dates for new or renewal business.
   8. Type of Insurance (TOI): The general type of insurance applicable to the filing. This roughly corresponds to the annual statement line of business.
   9. Sub-type of Insurance (Sub-TOI): The specific sub type of insurance or product type applicable to the filing.
   10. 1. Are you making an informational-only filing?: Use check boxes to indicate “Yes” or “No”.
       2. Filing Type: Choices are Rate; Rules; Rates/Rules; Forms; Forms/Rates, Forms/Rules, Combination Rates/Rules/Forms, FTZ Class 3 Certificate of Insurance, FTZ Class 3 Form.
          • If the filing type is Rules, then the filer must answer whether any of these rules contain a rate effect by checking the box indicating “Yes” or “No”.
          • If the filing type is Form/Rules, then the filer must answer whether any of these rules contain a rate effect by checking the box indicating “Yes” or “No”.
   11. Product Name: Marketing title, if applicable.
   12. Project Name: Project name, if applicable
   13. Project Number: Project number, if applicable
   14. Domicile Status: Place for the company to show if filing has been filed in its domiciliary state and its status. Comments must be supplied if the Domicile Status is Disapproved.
   15. RSO Reference Filing: Use check boxes to indicate “Yes” or “No”. For adoption of RSO filings answer “Yes”, and complete items #16, #17, and #18.
   16. Reference Organization (if applicable): The name of the advisory organization—i.e. ISO, NCCI, AAIS, etc.
   17. Reference Organization # (if applicable): This is the unique number that the reference organization gives to the filing. It is generally not the same number as the circular number.
   18. Reference Organization Title (if applicable): This is the title the reference organization gives to the filing.
   19. Filing Description: This area is to be used in lieu of a cover letter or filing memorandum and is free-form text. The Filing Description should clearly explain the intent of the filing and highlight any substantive changes (such as changes in rate making methodology or major coverages provided). If more details are required, you may attach a supplementary explanatory memorandum to the Property and Casualty Transmittal Document.
2. Form Schedule

   The form filing schedule must be completed for all form filings.

   1. This filing transmittal is part of Company Tracking #: This number ties all of the pages of the transmittal to the same filing.
   2. This filing corresponds to the companion rate/rule filing number: If the company is submitting the rates/rules and forms separately, please indicate the company tracking number for the associated rate/rule filing.
   3. Form Name, Form #, Edition Date, Form Type/Description: This is a list of forms being filed. Complete this information for each form included in the filing.

      Form Action: Use the check boxes to indicate if this is a new form, replacement form, or a withdrawal of an existing form.

      If replacement give Form # it replaces: If this is a replacement form, please provide the form number of the form that is being replaced.

      Previous filing # if previously submitted: The Department filing number of the previous submission.

      Readability Score: If applicable, please provide the readability score.

3. Rate Data Schedule

   The rate data schedule must be completed for all rates and/or rating rules filings.

   1. This schedule transmittal is part of Company Tracking #: This number ties all of the pages of the transmittal to the same filing.
   2. This filing corresponds to Form filing number: If the company is submitting the rates/rules and forms separately, please indicate the company tracking number for the associated form filing.
   3. Filing Method of this Filing (Prior Approval, File & Use, Informational, Use & File): This is the review method for which the filing is being submitted.
   4. Is this Filing Subject to Flex Rating?: Use check boxes to indicate “Yes” or “No”. For information regarding flex rating, please review Regulation 129 (11 NYCRR 161).
   5. Rate Change Type: Use check boxes to indicate if this is a rate increase, a rate decrease or rate neutral. If this is a filing for a new program or this is a filing for new rates, the company should select rate neutral.
   6. Rate Change by Company (As Proposed): Complete all fields for each company included in the filing.
      1. Company Name: Name of Company.
      2. Overall % Rate Impact - This is the statewide average percentage change to the rates for the coverages included for each company.
      3. Written premium change for this program - This is the statewide dollar change in written premium for each company.
      4. # of policyholders affected for this program - This is the number of policyholders affected by the overall percentage rate impact for each company.
      5. Written premium for this program - This is the statewide written premium for each company.
      6. Maximum % Change & Minimum % Change :
         • If all the policyholders get increases, then the maximum change is the largest increase and the minimum change is the smallest increase.
         • If all the policyholders get decreases, then the maximum change is the smallest decrease and the minimum change is the largest decrease.
         • If some of the policyholders get increases and others get decreases, then the maximum change is the largest increase and the minimum change is the largest decrease.
   7. Overall percentage rate impact for this filing: This is the statewide average percentage change to the rates for the coverages included in the filing. This field only needs to be completed for group filings.
   8. Effect of Rate Filing—Written premium change for this program: This is the statewide dollar change in written premium based on the proposed overall percentage rate impact. This field only needs to be completed for group filings.
   9. Effect of Rate Filing—Number of policyholders affected: This is the number of policyholders affected by the overall percentage rate impact. This field only needs to be completed for group filings.
   10. Overall Percentage of Last Rate Revision: This is the statewide average of the last percentage change implemented in the state.
   11. Effective Date of Last Rate Revision (Renewal Business): This is the implementation date of the last overall percentage rate impact.
   12. Filing Method of Last Filing (Prior Approval, File & Use, Informational, Use & File): This is the review method for which the last filing was submitted.
4. Rate/Rule Schedule

   The rate/rule schedule must be completed for all rate and/or rule filings

   1. This filing is part of Company Tracking #: This ties all of the pages of the transmittal to the same filing.
   2. This filing corresponds to form filing number: If the company is submitting the rates/rules and forms separately, please indicate the company tracking number for the associated form filing.
   3. Exhibit Name, Rule # or Page # Submitted for Review: This is the list of changes to the rate/rule manual. Complete this information for each rule included in the filing.

      Rule Action: Please select whether the rate/rule page is new, replacing an existing rate/rule or is being withdrawn.

      Previous State File Number: If the rate/rule page is a replacement or is being withdrawn, provide the previous state file number.

SECTION IV   Supplemental Requirements for Form, Territory, Classification or Rule Filings

If a new form(s) or endorsement(s) modifies existing policy provision(s) currently in effect, be sure to include in the Filing Description or in an explanatory memorandum a discussion of the policy provision(s) which will be affected as well as a copy of the current policy provision(s). In addition, a side-by-side comparison of the new form(s) and existing policy provision(s) should be provided.

If the filing is a non-rating revision to existing form(s), territories, classification(s) or rule(s):

• A side-by-side comparison of the form(s) or rule(s) being proposed and those currently in use in New York, with all changes clearly marked and explained in the Filing Description or in a memorandum must be included except for simple, non-substantive changes.
• Revisions to classifications and territories should include a comparison between those currently on file (in New York) and those proposed.

Rate Filing Sequence Checklist

This checklist must be completed for any filing containing rates, rating rules, classifications, territories, or rating plans. The Fourth Supplement to Circular Letter No. 11 (1998) issued on August 9, 2002 amends the procedures for the filing of policy rules and rates by prescribing required exhibits. Insurers will continue to be responsible for developing their own exhibits, with the exception of the following preformatted exhibits: STM-1 (Master List of Compliance Checklists) and STM-2 (Rate and/or Rating Plan Compliance Certification). These exhibits must be labeled according to the sequence numbering system of this checklist. If you have questions or comments regarding the completion of the checklist, please contact Mr. Anthony Yoder, Supervising Actuary, Property Bureau, at the Department’s New York City address, or by telephone at (212) 480-5500 or by email to Mr. Anthony Yoder.

Rate filings must include appropriate supporting information as outlined in the Rate Filing Sequence Checklist. Please note the relevant requirements contained in Section 2304 of the New York Insurance Law. For commercial lines filings subject to flex-rating under Section 2344, please also refer to Regulation 129 (11 NYCRR 161). For personal auto filings subject to flex rating under Section 2350, please refer to Regulation 153 (11 NYCRR 163)

“Speed To Market” Filing

The use of review standards checklists and compliance questionnaires are mandatory for "Speed to Market" filings pursuant to Supplement No. 5 to Circular Letter No. 11(1998), issued on March 21, 2003, Insurers may utilize this optional procedure to further expedite the Department’s review of form, rate and rule filings. Filings submitted under this process will be given priority over other paper filings in the review process. The Department will rely on insurers’ submission of completed certificate of compliance and the completed products checklists in order to shorten the period of review.

A Speed-To-Market Filing requires the signature of an authorized officer of the company on the 'Speed-To-Market' certification form(s). The Explanatory Memorandum for a filing does not require an officer's signature.

The Department will hold the officer whose electronic signature is affixed to the 'Speed To Market' certifications responsible for the representations made therein, to the same extent that the person would be held responsible were his or her wet signature affixed to a paper certification. In addition, the insurer, on whose behalf the electronic SERFF filing is being made, will be held responsible by the Department for, and be bound by, the electronic signatures of those officers to whom it has given authority to sign the electronic certifications as to the representations contained therein. Insurers are expected, in light of their responsibilities in this regard, to implement internal controls and procedures for the utilization of electronic signatures in this context to protect against unauthorized use and, to maintain a record of those officers who have been given authority to sign these certifications electronically for the insurer.

To make "Speed to Market" filings, please follow the procedures described in Supplement No. 3 to Circular Letter No. 11 (1998), issued on August 21, 2000; Supplement No. 5 to Circular Letter No. 11 (1998), issued on March 21, 2003; and the instructions contained in the Master List of Review Standards Checklists and Compliance Questionnaires. The Filing Description on the Transmittal should also clearly state that the filing has been submitted on a "Speed to Market" basis. The review standards checklists, which are based upon Annual Statement Lines of Business, list the categories of review standards that a filing will be expected to evidence. A brief summary of each review standard is provided along with a hyperlink to the specific statutes, regulations, circular letters, and compliance questionnaires. The review standards checklists must be fully completed for new programs and major revisions to existing programs. If the submission is limited to minor revisions of previously approved programs, endorsements, etc., that do not include changes to regulatory requirements, insert a brief explanation onto the first page of the review standards checklist indicating the reason(s) the review standards and the related compliance questionnaires are not applicable.

NOTE: The optional "Speed to Market" filing procedures do not apply to rate filings for the following lines of business: (i) Personal Automobile; (ii) Public Automobile; and (iii) Workers Compensation; and (iv) Physicians' & Surgeons' Medical Malpractice Liability.

Individual Risk Submission

Insurers are required to submit individual risk rate filings for those "a" rated risks that are subject to prior approval. Pursuant to Circular Letter No. 4 (1996) , insurers are not required to submit rate filings for policies covering individually rated commercial umbrella and other "a" rated risks that are not subject to prior approval. In lieu of individual risk rate filings, insurers are required to retain in the individual policy file the supporting information that would otherwise be provided in a properly completed form 129-C [contained in Circular Letter #19 (1992)]. Such information must be available for inspection by the Department for a period of five years from the date the policy is issued.

SECTION V   Review Standards Checklists, Compliance Questionaires, Forms and Optional "Speed to Market" Checklists

To assist you in preparing filings, the Department has developed review standards checklists and compliance questionnaires intended to provide guidance to many of the Department’s requirements. Submission of available review standards checklists is mandatory with filings submitted on a "Speed to Market" basis and optional with filings submitted on a regular , non "Speed to Market" basis pursuant to Supplement No. 5 to Circular Letter No. 11 (1998), issued on March 21, 2003. An applicable set of compliance questionnaires may be required if the filing refers to or should refer to a specific review standard listed in the review standards checklist. In either situation, submission of appropriately completed review standards checklists and compliance questionnaires will expedite the review process. However, insurers, or their authorized representatives, should submit filings with sufficient time prior to the implementation date to permit review of the filing by Department staff.

To complete the review standards checklists, please follow these instructions:

1. Whenever the insurer determines that all or part of a review standards checklist is not applicable to a filing due to the nature of the submission, it may use the space available on the top of the first page to so indicate and explain. Where additional comment is needed it should be included in a filing memorandum.
2. Column One lists the categories of review standards that the filing will be expected to evidence. Where compliance is not applicable to all parts of the filing an explanation should be provided.
3. Column Two provides the statutory or regulatory reference to each requirement contained in the review standards checklist and a hyperlink to such reference.
4. Column Three includes an explanation of the specific requirement standard that must be met in order to comply with the item(s) reference in Column Two. This may include a link where such specific requirements are explained or discussed in the form of a compliance questionnaire or web page(s).
5. The completion of Column Four is required in order to identify the location of compliance within the filing. If the compliance is required in more than one location in the filing, attachments may be used for further explanation. Where compliance is not applicable to all parts, an explanation should be provided.

An applicable set of review standards checklists and the related compliance questionnaires should be completed for each coverage part included in the filing. For example, if a filing contains forms for Commercial General Liability coverage (written on an occurrence basis with defense outside limits) and Directors and Officers and Employment Practices Liability coverage parts (written on a claims-made basis with defense within limits), the insurer must complete and submit the following forms, review standards checklists, and compliance questionnaires:

1. One Master List of Review Standards Checklists and Compliance Questionnaires;
2. One Policy Form Compliance Certification;
3. Two Commercial Liability Review Standards Checklists ( one for Commercial General Liability form and one for Employment Practices Liability Coverage Part);
4. One Directors and Officers Review Standards Checklist ( for the Directors and Officers form)
5. Three Commercial Liability Insurance Form Filing Compliance Questionnaires (for the Commercial General Liability form, Directors and Officers form, and Employment Practices Liability Coverage Part );
6. Two Claims-Made Policies Form Filing Compliance Questionnaires (one for Directors and Officers Coverage Part and one for Employment Practices Liability Coverage Part);
7. Two Defense-Within-Limits Form Filing Compliance Questionnaires (one for Directors and Officers Coverage Part and one for Employment Practices Liability Coverage Part);
8. One or more Commercial Lines Cancellation & Nonrenewal Form Filing Compliance Questionnaires (one compliance Questionnaire for each form that contains separate cancellation and nonrenewal provisions); and
9. One or more Supplementary Form Information (if needed).

If you have any trouble with formatting, viewing or printing of any of the review standards checklists or compliance questionnaires, please download the check.dot template and open all review standards checklists and compliance questionnaires with this template.

Some review standard checklists and compliance questionnaires contain macros. You may enable these macros by clicking the middle button.

The following forms, review standard checklists, and compliance questionnaires are currently available in Word and PDF formats. Please note that we are constantly revising/updating existing forms, review standard checklists, and compliance questionnaires and adding new forms, review standard checklists, and compliance questionnaires to our Web site. A revised checklist or compliance questionnaire can be identified by its edition date. Accordingly, it is important that you visit the links provided below every time you need to complete and submit a form, review standards checklist, or compliance questionnaire. This will ensure that you are using the latest version.

Mandatory "SPEED TO MARKET" Forms

The forms contained in this table are mandatory for, and should only be used with "Speed to Market" filings. Do not include these forms in filings submitted for review on a regular basis.

Review Standards Checklist

As previously noted, submission of review standards checklist is mandatory for filings submitted on a "Speed To Market" basis and optional for regular non "Speed To Market" basis.

Form Filing Compliance Questionnaires

As previously noted, submission of available compliance questionnaires is mandatory if the contents of the filing refers to or should have referred to a specific review standard listed in the review standards checklist.

Rate Filing Compliance Questionnaires

As previously noted, submission of available compliance questionnaires is mandatory if the contents of the filing refers to or should have referred to a specific review standard listed in the review standards checklist.

Departmental Requirements for Individual Lines of Business and Insurance

The links listed below contain detailed instructions for specific lines of business and insurance. The user is directed to the Departments' Review Standards Checklists. In addition to the General Information on Rate and Form Filings (see above), the Review Standards Checklists outline the required minimum policy provisions, rating information and support for each line of insurance, the relevant statutes and Department Regulations necessary for the approval or acknowledgment of a filing. Space is provided for the company to indicate the location within their filing of the provisions that complies with the requirements. The Review Standards Checklists contain additional links to all pertinent Compliance Questionnaires. These "fill-in" questionnaires facilitate an "eyeball" review where the filer and reviewer may be alerted to regulatory concerns within the filing, and the statutes or regulations specifically to each standard. Submission of available review standards checklists and compliance questionnaires is mandatory with "Speed to Market" filings pursuant Supplement No. 5 to Circular Letter No. 11(1998).

Review Standards Checklists

To complete the Review Standards Checklists, please follow these instructions:

1. Whenever the insurer determines that all or part of a review standards checklist is not applicable to a filing due to the nature of the submission, it may use the space available on the top of the first page to so indicate and explain. Where additional comment is needed it should be included in the filing memorandum.
2. Column One lists the categories of review standards that the filing will be expected to evidence. Where compliance is not applicable to all parts of the filing an explanation should be provided.
• "Speed To Market" and all other non-SERFF filing bases should insert the location(s) of the provision(s) in compliance in Column Four.
3. Column Two provides the statutory or regulatory reference for each requirement contained in the review standards checklist and a hyperlink to such reference.
4. Column Three includes an explanation of the specific requirement standard that must be met in order to comply with the item(s) reference in Column Two. This may include a link where such specific requirements are explained or discussed in the form of a compliance questionnaire or web page(s).
5. Filers must complete Column Four for each of the categories indicated in order to identify the location of compliance within the filing. If the compliance is required in more than one location in the filing, attachments may be used for further explanation. Where compliance is not applicable to all parts, an explanation should be provided. The completion of this column is not necessary for filings made through SERFF, which are bookmarked in accordance with the instructions for Column One, above.
• "Speed To Market" and all other non-SERFF filing bases should insert the location(s) of the provision(s) in compliance in Column Four.

SECTION VI   Department Contact Information

If you have questions regarding SERFF, Speed-To-Market procedures, completion of the review standards checklists or compliance questionnaires, please contact a Department representative for the following areas:

SECTION VII   Other General Instructions, Guidelines, Specifications and Prohibitions

The following is a summary of subjects that either must or must not be contained in your filings, and the required treatment of these subjects in New York. While these may not be "filing or submission requirements," the failure to address them in accordance with the instructions below will result in the rejection of your filing.

NOTE: The following is not an exhaustive subject list. There may be other areas of concern that you may need to address upon completion of this Department’ s review of the filing.

Examples of Prohibited Coverages:

Punitive Damages and Corporal Punishment Coverages are not permitted in NY. The absolute pollution exclusion is not permitted for personal lines policies.

Commercial Policies:

Pursuant to Section 3426 (g)(2) of the New York Insurance Law, loss information must be provided by the insurer, at the insured's request, covering a period of years specified by the Superintendent by regulation or the period of time coverage has been provided by the insurer, whichever is less. NOTE: Since the Superintendent has not specified a period of time by Regulation, the company must provide the insured with loss information covering the period of time the insured has been with the insurer.

Computer Simulation Models:

Pursuant to Circular Letter No. 7 (April 30, 1998), the inclusion of computer simulation modeling results in the ratemaking process is not permitted.

Workers Compensation Drug Free Workplace Premium Credit:

The guidelines listed below must be followed when submitting a filing to the Department requesting a drug-free workplace credit. Note that requirements for an insured to qualify as a "drug-free workplace" are shown in item 9 below.

1. In general, the maximum amount allowed for a drug-free rate credit is 5%. A request for a credit greater than 5% will be reviewed carefully by our actuaries and must contain specific statistical or judgmental support.
2. Any approved rate modification will be effective for only four years. After four years, the actual experience will be reflected in the experience rating modification.
3. The drug-free rate credit can only be applied to non-retrospectively rated policies.
4. The discount should be applied on a multiplicative basis, after the experience modification and before premium discounts and expense constants.
5. The insurer must verify from the employer the existence of a drug-free environment and explain in its filing how such verification will occur.
6. The filing should include a copy of the format of the certification of a drug-free workplace that will be sent to all employers. The completed certification by the employer must be filed with the company for each year the modification is permitted under the program. If it is subsequently determined that the insured misrepresented its compliance with the drug-free workplace rules, the insured’s policy will be subject to an additional premium equal to the amount of credit previously granted.
7. Policy language should include the cancellation and non-renewal guidelines in the New York Workers’ Compensation and Employers Liability Manual.
8. The insurer must report annually to the New York Compensation Insurance Rating Board the total amount of the drug-free workplace rate modification for all policies, the standard earned premium and the net earned premium.
9. The following constitute the minimum requirements the Department considers essential in for an insured to qualify as a drug-free workplace environment. These requirements should be included in the filing made to the Department as part of the insurer’s definition of a drug-free workplace.
• Employers should give all employees a written policy statement notifying them of details of the program, including the consequences of testing positive for controlled substances.
• An employer that requires an employee or job applicant to submit to a drug test must document the reasonable suspicions that warrant the testing and must provide a copy of the document to the employee upon request.
• All employees working in safety sensitive positions, as legally allowed by the State, are subject to random urinalysis drug testing. An employee that is involved in an on- the- job accident that requires outside medical attention should submit to a drug test within a reasonable period of time.
• In addition, the employer must ensure the integrity of the testing system as follows:
• Specimens must be collected and documented in a manner that safeguards the privacy of the individual and in a manner that prevents substitution or contamination of the specimens.
• A licensed and approved laboratory must conduct each initial and confirmation test (excluding the taking or collection of a specimen to be tested). If the drug test result is positive, an employee or job applicant may request that a portion of the specimen be re-tested at another certified laboratory.
• The employee or job applicant must be informed of the test results and may submit information to the designated Medical Review Officer (MRO) explaining or contesting the test results.
• Insurers, employers, laboratories, employee assistance programs, drug and alcohol rehabilitation programs and their agents must keep all information concerning drug test results confidential.

"Other Insurance" Provisions:

In the event that other valid and collectible insurance is applicable to a claim covered under the company's policy, the company may state that its POLICY will either contribute with or be excess over such other insurance in order to avoid duplication of payment on claims. However, the company may not exclude coverage under its policy in the event the insured has other valid and collectible insurance.

This is a link to relevant sections of the New York Insurance law, Circular Letters and Department Regulations:

• Selected Statutes, Regulations, Circular Letters for Property & Casualty Insurance

Return to: Previous Page

Updated 6/04/2012