211 CMR 91.02 - Definitions
As used in 211 CMR 91.00:
(1)
Advisory Filing
means a filingofrates, ratingfactors or relativities, Classification Plans, or
Rating Manuals, together with supporting information, including a filing
prepared by a Rating Organization pursuant to M.G.L. c. 175E, § 6(a)(2).
An Advisory Filing shall be deemed not to constitute a Rate Filing under M.G.L.
c. 175E, § 7.
(2)
Classification Plan
means any plan, definition or rule
for the classification of risks, including without limitation classification by
territory, driver or vehicle characteristics or use, and experience rating or
merit rating plans.
(3)
Commissioner
means the Commissioner ofInsurance,
appointed pursuant to M.G.L. c. 26, § 6.
(4)
Division
means
the Division of Insurance within the Department of Banking and
Insurance.
(5)
External
Loss, Expense and Other Factors
mean loss, expense and other
factors from any source other than the experience of the Insurer or Insurance
Company Group for which a Rate Filing is made.
(6)
Insurance Company
Group
means two or more Insurers which share common management or
operations.
(7)
Insurer
means any corporation, association,
partnership, group or individual authorized to write Motor Vehicle Insurance in
the Commonwealth.
(8)
Motor Vehicle Insurance
means insurance provided in
motor vehicle policies or bonds, as defined in M.G.L. c. 90, §§ 34A
and 340, or in M.G.L. c. 175, §§ 113A, 113C, 113L and 113O, or any
other coverage offered in connection therewith, other than private passenger
coverages.
(9)
Oral
Statement
means a statement of position made during a hearing,
with the permission of the Presiding Officer , by any person who is not a
Party .
(10)
Party
means any person, agency or organization which
has been granted permission or exercised a statutory right to appear and
present testimony at a hearing.
(11)
Presiding
Officer
means any person designated by the Commissioner to conduct
hearings and related proceedings and to render findings, rules and decisions.
If, at anystage ofthe proceedings, a Presiding Officer has not been designated,
the Commissioner shall be the Presiding Officer.
(12)
Rate Filing
means a filing of rates, rating factors or relativities, Classification Plans,
or Rating Manuals, together with supporting information, prepared by an
Insurer , Insurance Company Group or Rating Organization and filed in accordance
with M.G.L. c. 175E, § 7.
(13)
Rating Manua l means any manual of rules and rating
procedures applicable to any insurance coverage subject to M.G.L. c. 175E. A
rating manual shall not include final rates for any classification or coverage,
but may include rules for the calculation of rates from information outside the
manual.
(14)
Rating
Organization
means a rating organization duly licensed under
M.G.L. c. 175A.
(15)
Statistical Information
means loss and expense
experience, including, but not limited to, data filed in accordance with
statistical plans or reporting requirements approved or promulgated by the
Commissioner and any compilation or display of such data. For purposes of
M.G.L. c. 175E, § 6(a)(2), statistical information includes, but is not
limited to, premiums, exposures, loss pure premiums, development factors,
average claim cost and frequency trend factors, claim adjustment expense
factors, company and commission expense pure premiums, expense trend factors,
and miscellaneous rate level factors, including, but not limited to, increased
limits, deductible and minor coverage factors, and territorial, class and
age/symbol relativities.
(16)
Statutory Intervenor
means any person, agency or
organization which has a statutory right to appear as a Party in any hearing
conducted pursuant to
211
CMR 91.00.
Notes
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