Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 101.00 - Procedures Concerning Rate Filings Made Pursuant To Mgl C.175c And The Conduct Of Hearings On Such Filings
Section 101.04 - Rate Filings

Universal Citation: 211 MA Code of Regs 211.101

Current through Register 1531, September 27, 2024

(1) Purpose. The purpose of the Rate Filing is to furnish sufficient evidence to enable the Commissioner to establish that the rates requested comply with the statutory requirements and fall within a range of reasonableness. The Rate Filing shall constitute the direct case of the Filing Party in support of its requested rates.

(2) Filing Requirements.

(a) Format. The Commissioner may prescribe the form of the Rate Filing as he or she shall consider proper, expedient or necessary. The Filing Party shall use any forms that the Commissioner prescribes.

All Rate Filings must be numbered sequentially from the first through the last page, using Arabic numerals at the bottom right of each page. Any internal numbers applied to separate parts or sections of Rate Filings must be located elsewhere on the page. The Presiding Officer may reject any Rate Filing that does not comply with the mandatory numbering requirement.

(b) Content. Every Rate Filing shall contain the following information:
1. a title which indicates the nature of the Proceeding.

2. the complete name and address of the Filing Party and the name, address, electronic mail address, and telephone numbers, including FAX numbers, of every authorized representative or counsel, if any, representing the Filing Party.

3. an executive summary describing, in narrative form, each element of the Rate Filing and the reasons for the rate request.

4. all material, including all data, statistics, schedules and exhibits, which the Filing Party wishes to be considered in the Proceeding and all information upon which it bases its recommendations. A Rate Filing that seeks approval of rates for multiple policy forms but supports its requests with materials that it relies on, in common, for each such form may structure its Rate Filing so as to minimize the amount of duplication in the filing. However, the Rate Filing must clearly identify and separate material that relates to all proposed rates from material that applies to only one or some of the proposed rates.

5. narrative statements including all information and commentary necessary to substantiate and explain the Filing Party's recommendations.

6. the direct sworn written testimony of all witnesses for the Filing Party. The direct sworn written testimony shall support every element of the Rate Filing and may be presented in a question and answer format.

(3) Supplemental Information. The Presiding Officer may require any Filing Party to furnish any additional data or information which the Presiding Officer determines to be necessary or appropriate in connection with the submission of any Rate Filing. Except as permitted or requested by the Presiding Officer, or in accordance with 211 CMR 101.09, no additions, amendments, or corrections to the Rate Filing shall be allowed.

(4) Rejection of Rate Filings. The Presiding Officer may reject any Rate Filing if he or she determines that the Filing Party has not complied with applicable laws or the procedures and forms prescribed by 211 CMR 101.00. Such rejection shall terminate a Proceeding unless the Presiding Officer, in his or her discretion, allows a Filing Party whose Rate Filing has been rejected to resubmit such Rate Filing, with appropriate modifications, in the same Proceeding within a time period prescribed by the Presiding Officer.

(5) Consolidation of Rate Filings for Purposes of Hearing. If the Presiding Officer determines that two or more Proceedings have been initiated regarding Rate Filings which are similar in scope and subject matter, the Presiding Officer may, in his or her discretion, consolidate such Proceedings for the purposes of hearing.

(6) Relitigation of Facts or Issues and Proposals to Alter Methodologies. The Presiding Officer may rely, as appropriate, on previous decisions on rates filed pursuant to M.G.L. c. 175C, § 5 as precedent and, in the absence of significant new evidence or other good cause, may preclude the Parties from relitigating facts or issues, including methodological issues, decided in previous decisions. All Rate Filings shall state with specificity each aspect of a methodology used in the most recent contested Proceeding which the Filing Party recommends not be used in the current Proceeding and shall state with specificity the recommended alternative methodology.

(7) Withdrawal of Rate Filings. A Filing Party may not withdraw a Rate Filing without the permission of the Presiding Officer.

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