CT Insurance Bulletin PC-63
Commercial Rate and Form Filing Exemptions, Transmittal Form (This Bulletin is rescinded and replaced by Bulletin PC 63-01)
Armorial Bearings
STATE OF CONNECTICUT
INSURANCE DEPARTMENT
www.ct.gov/cid
P.O. Box 816 Hartford, CT 06142-0816
An Equal Opportunity Employer
Bulletin PC-63
January 07, 2008
To:
All Companies Licensed to Write Property and Casualty Insurance
Re:
Exemption of Certain Commercial Lines Property and Casualty Policy Forms,
Rates and Rules
The Connecticut Insurance Department (the "Department") has preliminarily concluded that
certain lines of commercial insurance may be suitable for exemption from the form, rate and rule
filing provisions of Section 38a-676 of the Connecticut General Statutes and the regulations
promulgated thereunder. You are advised that the Department is conducting a one-year pilot
program to confirm that certain lines of commercial insurance are in fact suitable for exemption
from the form, rate and rule filing provisions of Section 38a-676 of the Connecticut Statutes and
the regulations promulgated thereunder.
A. Commissioner's Ruling and Statutory Authority
This action is being taken pursuant to the authority granted to the Insurance Commissioner under
Conn. Gen. Stat. Section 38a-692 and constitutes a ruling by the Commissioner exempting
certain commercial line forms, rates and rules from having to be filed for the Department's
review. Pursuant to Conn. Gen. Stat. Section 38a-694, the purposes of allowing this exemption
is (i) to encourage more efficient and economic marketing practices by insurers for these product
lines and (ii) to provide price and other information to enable consumers to purchase suitable for
their needs and to foster competitive insurance markets. Therefore, the Commissioner hereby
exempts from the filing and review requirements of Conn. Gen. Stat. Section 38a-676, the
forms, rates and rules for the commercial product lines listed in Appendix A, attached hereto and
made a part of this Bulletin, for a period of one year from the date of this bulletin.
B. Commercial Lines Filings Exempted from Review
To help assess the effectiveness of this pilot, the Department will continue to require companies
to provide, for informational purposes, the commercial forms, rates and rule filings (and/or any
amendments or endorsements thereto) exempted by this Bulletin. The cover letter for these
filings should identify the filing as "Exempt" with an explanation that the insurer intends to use
the forms, rates and/or rules under the review exemption provided by this Bulletin. In SERFF,
filers will use the 'Exempt' codes in Type of Filing field; filers submitting paper will indicate the
exempt status on the Connecticut transmittal form. For rate filings filed under these review
exemptions, please make note of the rate change in your cover letter or explanatory
memorandum by highlighting the overall statewide change. This is in addition to the explanation
provided in the actuarial memorandum and exhibits of your filing. An officer of the insurer must
certify that the filing complies with applicable Connecticut insurance laws and regulations and
that the filing has not been previously disapproved by the Department. The Department intends
to establish an audit process where select informational filings will receive a complete
Department review to determine the insurer's compliance with all applicable Connecticut
insurance laws. Therefore, insurers are still responsible for following the Department's filing
requirements as outlined in Bulletin PC-62.
C. Forms, Rates and Rules Not Exempted Under this Bulletin
The Commissioner's action hereunder extends solely to the commercial product lines of
insurance identified in Appendix A. This Bulletin does not extend to any other policy forms,
rates or rules required to be filed under Connecticut law including, but not limited to: (i) those
used in the personal risk market; (ii) commercial lines policy forms not listed in Appendix A; or
(iii) filings made by an Insurance Rating or Advisory Organization. Insurers are required to
continue to follow the Department's filing procedures set forth in Bulletin PC-62 for those forms
not exempted under this PC-63.
Insurers are cautioned that the Commissioner's actions under this Bulletin do not include a
review exemption for the following lines of commercial insurance: workers' compensation;
excess workers' compensation, medical malpractice; professional liability; environmental
impairment liability; filings affording claims made coverage; filings issued to municipalities and
other local government entities; or any other form, rate or rule filing (including a policy form
filing that contains coverages for both an exempt and non-exempt line of business) not set forth
in the attached Appendix A.
D. Continuing Authority of the Commissioner; Compliance with Laws
The Department wishes to make clear that the Commissioner retains complete and full authority
to reassume, prior to the expiration of this one year pilot program, regulatory authority over the
commercial product lines exempted under this Bulletin.
Notwithstanding the filing review exemption for certain commercial line forms, rates and rules
described above, such filings must comply with all other applicable Connecticut laws and
regulations.
E. Effective Date
This Bulletin is effective for filings received by the Department on or after February 1, 2008.
F. Questions
Any questions concerning this Bulletin may be directed to George Bradner, Director, Property
and Casualty Division (860) 297-3866.
Thomas R. Sullivan
Insurance Commissioner
Thomas R. Sullivan
Insurance Commissioner
Revised 6-26-2008
APPENDIX A
Pursuant to this Bulletin, the following commercial lines forms, and where specifically noted rates
and rules, are exempted from the filing review requirements of Conn. Gen. Stat. Section 38a-676
except as provided under B. above:
• Manuscript policies and endorsements issued to not more than three (3) insureds in Connecticut
• Commercial inland marine (forms)
• Following form commercial excess and umbrella (including rate and rule filings)
• Commercial excess and umbrella policies if the underlying policy provides limits of at least $1
million (including rate and rule filings) – Claims-made policies and endorsements cannot be
exempted by Bulletin PC-63
• Commercial policies or endorsements for: expropriate coverage; kidnap and ransom coverage;
political risk coverage; extortion risk coverage; computer fraud coverage; or trade credit risk
(including rate and rule filings) – Claims-made policies and endorsements cannot be exempted by
Bulletin PC-63
• Commercial Credit (including rate and rule filings) new***
• Crop and hail (including rate and rule filings)
• Mortgage guaranty (including rate and rule filings)
• Commercial flood insurance (including rate and rule filings)
• Boiler and machinery (including rate and rule filings)
• Fidelity and Surety Bonds other than bail bonds (rate and rule filings)
• Manufacturer Output policies with total INSURED VALUES of at least $8,000,000 (including
rate and rule filings)
• Highly Protected Risk policies covering:
1.
Structures that have a design and degree of protection which, together with efficient
specialized inspection and engineering services, will have the effect of reducing the relative
importance of such factors as exposure, and quality of public fire protection;
2.
Structures that have fire-resistive or incombustible, heavy timber or other approved
construction, in good state of preservation and repair;
3.
Structures that are equipped with fire protection or loss prevention equipment in all physical
areas where such protection is necessary;
4.
Structures that are provided with satisfactory watchman or alarm service or its equivalent; or
5.
Structures that are protected by adequate public/private exterior fire protection system
embracing an adequate number of hydrants, hose and necessary miscellaneous equipment
with adequate water supply.
Revised 6-26-2008