Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 7.00 - Massachusetts Insurance Holding Company System
Section 7.07 - Transactions Subject to Prior Notice - Notice Filing (Form D)
Universal Citation: 211 MA Code of Regs 211.7
Current through Register 1531, September 27, 2024
(1) An insurer required to give notice of a proposed transaction pursuant to M.G.L. c. 175, § 206C(n) shall furnish the information required by Form D, hereby made a part of 211 CMR 7.00.
(2) Agreements for cost sharing services and management services shall at a minimum and as applicable:
(a) Identify the person
providing services and the nature of such services;
(b) Set forth the methods to allocate
costs;
(c) Require timely
settlement, not less frequently than on a quarterly basis, and compliance with
the requirements in the National Association of Insurance Commissioners'
Accounting Practices and Procedures Manual;
(d) Prohibit advancement of funds by the
insurer to the affiliate except to pay for services defined in the
agreement;
(e) State that the
insurer will maintain oversight for functions provided to the insurer by the
affiliate and that the insurer will monitor services annually for quality
assurance;
(f) Define records and
data of the insurer to include all records and data developed or maintained
under or related to the agreement that are otherwise the property of the
insurer, in whatever form maintained including, but not limited to, claims and
claim files, policyholder lists, application files, litigation files, premium
records, rate books, underwriting manuals, personnel records, financial records
or similar records within the possession, custody or control of the
affiliate;
(g) Specify that all
records and data of the insurer are and remain the property of the insurer,
and:
1. Are subject to control of the
insurer;
2. Are identifiable;
and
3. Are segregated from all
other persons' records and data or are readily capable of segregation at no
additional cost to the insurer;
(h) State that all funds and invested assets
of the insurer are the exclusive property of the insurer, held for the benefit
of the insurer and are subject to the control of the insurer;
(i) Include standards for termination of the
agreement with and without cause;
(j) Include provisions for indemnification of
the insurer in the event of gross negligence or willful misconduct on the part
of the affiliate providing the services and for any actions by the affiliate
that violate provisions of the agreement required in
211
CMR 7.07(b)(11),
211
CMR 7.07(b)(12),
211
CMR 7.07(b)(13),
211
CMR 7.07(b)(14) and
211
CMR 7.07(b)(15) of
211 CMR
7.00;
(k)
Specify that if the insurer is placed in supervision, seizure, conservatorship
or receivership pursuant to M.G.L. c. 175, §§ 180A to 180L1/2:
1. All of the rights of the insurer under the
agreement extend to the receiver or Commissioner to the extent permitted by
M.G.L. c. 175, §§ 180A to 180L1/2;
2. All records and data of the insurer shall
be identifiable and segregated from all other persons' records and data or
readily capable of segregation at no additional cost to the receiver or the
Commissioner;
3. A complete set of
records and data of the insurer will immediately be made available to the
receiver or the Commissioner, shall be made available in a usable format and
shall be turned over to the receiver or Commissioner immediately upon the
receiver or the Commissioner's request, and the cost to transfer data to the
receiver or the Commissioner shall be fair and reasonable; and
4. The affiliated person(s) will make
available all employees essential to the operations of the insurer and the
services associated therewith for the immediate continued performance of the
essential services ordered or directed by the receiver or
Commissioner;
(l) Specify
that the affiliate has no automatic right to terminate the agreement if the
insurer is placed into supervision, seizure, conservatorship or receivership
pursuant to M.G.L. c. 175, §§ 180A to 180L1/2;
(m) Specify that the affiliate will provide
the essential services for a minimum period of time, as specified in the
agreement, after termination of the agreement, if the insurer is placed into
supervision, seizure, conservatorship or receivership pursuant to M.G.L. c.
175, §§ 180A to 180L1/2, as ordered or directed by the receiver or
Commissioner. Performance of the essential services will continue to be
provided without regard to pre-receivership unpaid fees, so long as the
affiliate continues to receive timely payment for post-receivership services
rendered, and unless released by the receiver, Commissioner or supervising
court;
(n) Specify that the
affiliate will continue to maintain any systems, programs or other
infrastructure, notwithstanding supervision, seizure, conservatorship or
receivership pursuant to M.G.L. c. 175, §§ 180A to 180L1/2, and will
make them available to the receiver or Commissioner as ordered or directed by
the receiver or Commissioner for so long as the affiliate continues to receive
timely payment for post-receivership services rendered, and unless released by
the receiver, Commissioner or supervising court; and
(o) Specify that, in furtherance of the
cooperation between the receiver and the affected guaranty association(s) and
subject to the receiver's authority over the insurer, if the insurer is placed
into supervision, seizure, conservatorship or receivership pursuant to M.G.L.
c. 175, §§ 180A to 180L1/2, and portions of the insurer's policies or
contracts are eligible for coverage by one or more guaranty associations, the
affiliate's commitments under
211
CMR 7.07(b)(11),
211
CMR 7.07(b)(12),
211
CMR 7.07(b)(13) and
211
CMR 7.07(b) (14) of
211 CMR
7.00 will extend to such guaranty
association(s).
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