230-RICR-20-05-1. Uninsured and Underinsured Motorist Insurance (version Amendment, 08/22/2013 to 08/22/2013)

Page 1 of 5 Reg. # 10 State of Rhode Island and Providence Plantations DEPARTMENT OF BUSINESS REGULATION Division of Insurance 1511 Pontiac Avenue Cranston, RI 02920 INSURANCE REGULATION 10 UNINSURED AND UNDERINSURED MOTORIST COVERAGE Table of Contents Section 1 Authority Section 2 Purpose Section 3 Definitions Section 4 Requirement for Uninsured Motorist Coverage Section 5 Rejection of Uninsured Motorist Coverage Section 6 Results of Selection of Coverage Section 7 Waiver of Statutory Deductible Section 8 Rates for Uninsured Motorist Property Damage Coverage Section 9 Arbitration Section 10 Severability Section 11 Effective Date Section 1 Authority This regulation is promulgated in accordance with R.I. Gen. Laws §§ 27-7-2.1, 27-10-13, 27-10.3-1, 42-14-17 and 42-35-3. Section 2 Purpose The purpose of this Regulation is to implement the requirement of uninsured and underinsured motorist coverage in motor vehicle liability policies issued in this State. Section 3 Definitions The definitions set forth in R.I. Gen. Laws § 27-7-2.1 are hereby incorporated into this Regulation by reference. In addition, as used in this Regulation: a) “Liability Limits” shall mean the limit of liability shown in the policy of the insured for coverage of Bodily Injury or Property Damage as the result of a motor vehicle accident. b) “Policy” shall mean any contract or agreement of insurance delivered or issued for delivery in this state by or on behalf of any insurer licensed in this state. Page 2 of 5 Reg. # 10 c) “Signature” shall include electronic signatures if the parties have agreed to conduct the transaction by electronic means in accordance with R.I. Gen. Laws § 42-127.1-7. d) “Writing” shall include electronic writings if the parties have agreed to conduct the transaction by electronic means in accordance with R.I. Gen. Laws § 42-127.1-7. Section 4 Requirement for Uninsured Motorist Coverage No motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this State with respect to any motor vehicle registered or principally garaged in this State unless Uninsured/Underinsured Motorist bodily injury Coverage is provided therein or supplemental thereto, not less than the limit set forth in R.I. Gen. Laws § 31-31-7 or such coverage is rejected as provided in section 5 below. The insurance company must offer uninsured/underinsured bodily injury liability limits equal to the bodily injury liability limits in the policy. The insurer must offer Uninsured Motorist Property Damage in a minimum amount of $25,000. Section 5 Rejection of Uninsured Motorist Coverage The insured may elect to purchase coverage in an amount less than the bodily injury liability limits in the policy. However, the named insured may not elect uninsured/underinsured motorist bodily injury liability limits less than the minimum under R.I. Gen. Laws § 31-31-7, unless the named insured has elected to purchase the bodily injury liability minimum liability limits in the policy under R.I. Gen. Laws § 31- 31-7. Only if the named insured has elected to purchase the bodily injury minimum liability limits under R.I. Gen. Laws § 31-31-7, may the named insured elect to reduce the uninsured/underinsured motorist bodily injury liability limits to zero. With regard to uninsured/underinsured motorist bodily injury, if the named insured rejects uninsured/underinsured motorist bodily injury coverage, that election must be in writing in a form substantially similar to that set forth in Exhibit A to this regulation. If collision coverage is included in the policy no written rejection of Uninsured Motorist Property Damage is required. If the insured has not purchased collision a written rejection of Uninsured Motorist Property Damage is required. If a rejection is sent but not returned by the insured the Uninsured Motorist Property Damage shall be included in the policy at the $25,000 minimum limit. The named insured may reject Uninsured Motorist Property Damage. The insurance company must notify the named insured of the availability of uninsured motorist coverage or increased optional limits any time the policy is renewed, Page 3 of 5 Reg. # 10 reinstated, substituted, amended, altered, modified, transferred or replaced. A separate notice is not required but the notice must be prominent, clear and in writing. Section 6 Results of Selection of Coverage If an insured elects Uninsured/Underinsured Motorist liability limits that are less than the liability limits or rejects Uninsured Motorist Property Damage Liability coverage, these selections shall be followed and included in any renewal, supplementary, replacement or substitute policy, even if liability limits or insured vehicles are subsequently changed. Where the insured elects Uninsured/Underinsured Motorist liability limits equal to the bodily injury liability limits and the bodily injury liability limits are later changed, the Uninsured/Underinsured Motorist bodily injury Liability limits will also change to reflect the same amount. The insured may change any original or subsequent election by notifying the company in writing of his/her desire for such change. Section 7 Waiver of Statutory Deductible Property damage liability caused by collision shall have the statutory deductible waived: a) Where a motor vehicle legally parked and unattended is involved in a motor vehicle accident with an uninsured owner or operator; b) Where a motor vehicle is struck as the result of the operation by an uninsured motorist driving the wrong way on a one-way street; c) Where there is property damage caused by collision to a vehicle struck in the rear by a vehicle owned or operated by an uninsured motorist; or d) Where there is property damage caused by collision when struck by a stolen vehicle. Section 8 Rates for Uninsured Motorist Property Damage Coverage In accordance with R.I. Gen. Laws § 27-7-2.1(e), rates for Uninsured Motorist Property Damage coverage shall be established by a filing made by the insurer and approved by the Commissioner. The filed rates may not be excessive, inadequate or unfairly discriminatory. Section 9 Arbitration a) In accordance with R.I. Gen. Laws § 10-3-2 and 27-10.3-1(5) in all policies containing uninsured/underinsured motorist coverage, the provision requiring arbitration of benefits under that coverage must be Page 4 of 5 Reg. # 10 placed immediately before the testimonium clause or the signatures of the parties. b) If the arbitration provision is in violation of (a) above it may be enforced at the option of the insured, and in the event the insured exercises the option to arbitrate, then the provisions of this chapter shall apply and be the exclusive remedy available to the insured. Section 10 Severability If any provision of this Regulation or the application thereof to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this Regulation which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Regulation are severable. Section 11 Effective Date This Regulation and the amendments thereto shall be effective as indicated below. EFFECTIVE DATE: January 1, 1963 AMENDED: August 29, 1978 December 30, 1983 November 19, 1986 REFILED: December 19, 2001 AMENDED: December 19 , 2012 AMENDED: August 22, 2013 Page 5 of 5 Reg. # 10 Exhibit A PURSUANT TO § 27-7-2.1 UNINSURED/UNDERINSURED MOTORIST BODILY INJURY * REJECTION NOTICE AND WARNING * THE LAW REQUIRES YOU TO READ THIS NOTICE FOR YOUR INFORMATION In order to make sure that you are aware of the risks of going without uninsured/underinsured motorist bodily injury coverage, the State of Rhode Island requires your insurance producer or insurance company to obtain your signature showing that you have read this document and understand this warning, before they are allowed to sell you motor vehicle insurance without uninsured/underinsured motorist bodily injury coverage. IF YOU CHOOSE NOT TO BUY UNINSURED/UNDERINSURED MOTORIST BODILY INJURY COVERAGE YOU MIGHT HAVE NO MOTOR VEHICLE INSURANCE COVERAGE FOR YOUR OWN INJURIES IF YOU ARE HIT BY AN UNINSURED MOTORIST. Many motorists will ignore mandatory auto insurance laws, and many motorists passing through from another state will not have insurance. Most uninsured/underinsured motorists do not have assets or money to pay you for your injuries, even if you win a lawsuit against them. Uninsured/underinsured motorist bodily injury coverage may be your only protection. The Department of Business Regulation of the State of Rhode Island STRONGLY RECOMMENDS that most motorists obtain uninsured/underinsured motorists bodily injury coverage as part of their motor vehicle insurance package. I have read and I understand this, and I choose not to buy uninsured/underinsured motorist coverage. Name Insured #1: Name Insured #2: Policy/Binder Number and Effective Date: Signed: Signed: Date: Date: *UNINSURED/UNDERINSURED MOTORIST COVERAGE MAY BE REJECTED ONLY IF MINIMUM LIABILITY LIMITS ARE REQUESTED (25/50).