Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 91.00 - Motor Vehicle Insurance Rates
Section 91.02 - Definitions
Current through Register 1531, September 27, 2024
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.