211 CMR 91.04 - Activities of Rating Organizations Regulated

Any Rating Organization may, with the participation of its members:

(1) Develop and make recommendations to the Commissioner of Insurance with respect to statistical plans.

(2) Collect, compile and distribute Statistical Information to its members and subscribers, provided such information shall be supplied upon request to the Division of Insurance and, upon payment of a reasonable charge therefor, to any Insurer or other person, whether or not a member or subscriber of the Rating Organization.

(3) Prepare, distribute and file Rating Manuals on behalf of any member or subscriber which authorizes it to make such a filing in accordance with M.G.L. c. 175E, § 6(a)(10).

(4) Prepare, distribute and file policy forms and endorsements on behalf of any member or subscriber which authorizes it to make such a filing in accordance with M.G.L. c. 175E, § 6(a)(10).

(5) Conduct and publish studies of general actuarial and rate making issues, provided such studies shall be supplied, upon request, to the Division of Insurance and, upon payment of reasonable charge therefor, to any insurer or other person, whether or not a member or subscriber of the Rating Organization.

(6) Perform any other actions in connection with motor vehicle insurance rates which are not inconsistent with M. G.L. c. 175E.

Any Rating Organization may, without the participation of its members:

(1) Prep are and file an Advisory Filing for any motor vehicle coverage subject to M. G.L. c. 175E.

(2) Prepare and file a Rate Filing on behalf of any member or subscriber which authorizes it to make such a filing in accordance with M.G.L. c. 175E, § 6(a)(10), for any motor vehicle coverage subject to M.G.L. c. 175E, other than "trucks, trailers and tractors" and "private passenger type" commercial coverages, and taxi, garage/dealer and motorcycle coverages.

(3) Prepare and file a Rate Filing on behalf of the Massachusetts Motor Vehicle Reinsurance Facility or any residual market organization which is authorized or directed by law to file rates for any motor vehicle insurance coverage subject to M.G.L. c. 175E and which authorizes it to make such a filing.

(4) Prepare and file a Rate Filing on behalf of any Insurer or Insurance Company Group which wrote less than 1% of the premiums for motor vehicle insurance in the commonwealth, as determined under M.G.L. c. 175E, § 4(e) and 211 CMR 91.00, and which authorizes it to make such a filing in accordance with M.G.L. c. 175E, § 6(a)(10).

(5) If an Insure r, writing less than 1% of the premiums for motor vehicle insurance in the Commonwealth, as determined under M.G.L. c. 175E, § 4(e), and 211 CMR 91.00, has expenses, including commissions, prior to trending, which are 80% or less than those underlying the rate filing made by a Rating Organization on behalf of such Insurer or the rate filing of another Insurer which is adopted by such Insurer, that Insurer shall not adopt the external rate filing without deviating therefrom so as to reflectits lower expenses, unless specific and substantial reasons for not so deviating have been provided to and approved by the Commissioner.

Notes

211 CMR 91.04