Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 91.00 - Motor Vehicle Insurance Rates
Section 91.06 - Filings

Universal Citation: 211 MA Code of Regs 211.91

Current through Register 1531, September 27, 2024

(1) Time for Rate Filings. Any Rate Filing shall be submitted to the Commissioner not less than 45 days prior to its proposed effective date. Three copies of any Rate Filing shall be submitted to the Commissioner and one copy to the Attorney General, unless the Commissioner directs otherwise.

(2) Time for Advisory Filings. Advisory Filings may be filed at any time, but must be filed no less than ten days before any hearing at which they may be considered. Three copies of any Advisory Filing shall be submitted to the Commissioner and one copy to the Attorney General, unless the Commissioner directs otherwise.

(3) Supporting Information. The Commissioner may require any Insurer, Insurance Company Group or Rating Organization to furnish the information upon which it supports its Rate Filing.

(4) Form. Rate Filings and Advisory Filings, and supporting information as applicable, shall be presented in the following order:

(a) Summary of rate level changes

(b) Rate level calculations for each coverage

(c) Premiums and exposures

(d) Adjustments to Premiums and Exposures

(e) Reported losses

(f) Development factors

(g) Claim cost trends

(h) Frequency trends

(i) Other adjustments to losses

(j) Claim adjustment expenses

(k) Commission Expenses

(l) Other expenses

(m) Expense trends

(n) Underwriting Profit, including due consideration of investment income

(o) Classification Plans

(p) Territorial, Classification and Rating relativities

(q) Increased limits factors

(r) Deductible and miscellaneous rating factors

(s) Data sources

(t) Credibility

(u) Miscellaneous

(5) Use of External Experience. Rate Filings may use any reasonable credibility method to support the use of rates developed, in whole or in part, on the basis of External Loss, Expense or Other Factors. Every Insurer which writes 1% or more of the premiums for Motor Vehicle Insurance in the Commonwealth in the preceding year must submit with its Rate Filing its own loss and expense experience to sup port the reasonableness of its use of External Loss, Expense or Other Factors. The determination of which insurers write less than 1% of the premiums for Motor Vehicle Insurance in the commonwealth, under M.G.L. c. 175E, § 4(e)and for the purposes of 211 CMR 91.00, shall be made by comparing the written premium of each Insurer, for private passenger and commercial coverages separately, as reported in the Insurer's most recent annual statement, with the total premiums written by all Insurers for such coverages.

(6) Copy Available for Inspection. A copy of each Rate Filing or Advisory Filing shall be available for inspection during normal business hours at the office of the Division for at least 90 days after its submission.

(7) Rejection of Rate Filings. The Commissioner may reject any Rate Filing if he determines that the filing party has not complied with 211 CMR 91.00. Any Rate Filing which has been rejected pursuant to 211 CMR 91.06(7) may be resubmitted with appropriate modifications. Any Rate Filing resubmitted with appropriate modifications following disapproval may be made effective immediately.

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