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1、NEW YORK INSURANCE DEPARTMENTREVIEW STANDARDS FOR COMMERCIAL AUTOMOBILELINE OF BUSINESS:Commercial Auto LINE(S) OF INSURANCECODESCommercial Auto Combinations20.0000CODE:20.0Business Auto20.0001Garage20.0002Other20.0003Truckers20.0004 IF CHECKLIST IS NOT APPLICABLE, PLEASE EXPLAIN:REVIEW REQUIREMENTS
2、REFERENCEDESCRIPTION OF REVIEW STANDARDS REQUIREMENTSLOCATION OF STANDARD IN FILINGGENERAL REQUIREMENTS FOR ALL FILINGSThe following web site represents the Departments initiative to streamline the procedures for form, rate and rule filings:http:/www.ins.state.ny.us/is-file.htmForm/Page/ParaReferenc
3、eCOVER LETTER AND EXPLANATORY MEMORANDUMCL 11 (1998)The filing should include a cover letter, and an explanatory memorandum clearly explaining the intent of the filing, and highlighting any substantive changes (such as changes in ratemaking methodology or major coverages provided). If new form(s), t
4、erritories, classification(s), or rule(s) are being filed and there are similar ones currently approved for use by a Rate Service Organization (RSO) or another insurer, or has been the subject of a filing previously not approved in New York, reference should be provided to the Departments file numbe
5、r or SERFF tracking number and effective date of the approval, or copies of the approved items should be included, if applicable. If the filing is currently in use in another state, this should be indicated.EXCLUSIONS & LIMITATIONS11NYCRR 60-1(Reg 35-A)Regulation 35-A contains a list of permissible
6、exclusions. Please refer to Item I.a.8. & I.b. of Compliance Questionnaire No. CALPD.Asbestos11NYCRR 60-1(Reg 35-A)Not permitted by the RegulationDiscrimination11NYCRR 60-1(Reg 35-A)Not permitted by the Regulation. Please refer to Item I.a.8. & I.b of Compliance Questionnaire No.CALPDIntentional Act
7、s11NYCRR 60-1(Reg 35-A)Required by the Regulation. Please refer to Item I.a.15. & I.b.5.(ii) of the Compliance Questionnaire No.CALPDMold11NYCRR 60-1(Reg 35-A)Not permitted by the RegulationPunitive DamagesCourt of Appeals - Hartford A&I v. Village of Hempstead, New York 2nd 218, 1979Allowable for p
8、ublic policy considerations. Please refer to Item I.b.5.(i) of Compliance Questionnaire No.CALPDTerrorism11NYCRR 60-1(Reg 35-A)Not permitted by the RegulationREVIEW REQUIREMENTSREFERENCEDESCRIPTION OF REVIEW STANDARDS REQUIREMENTSLOCATION OF STANDARD IN FILINGFILING SUBMISSION2305 & 2307CL 19(1992)S
9、upplement No 1 toCL 11(1998)Forms, territories, classifications, rating rules, rates and rating plans are subject to prior approval.Compliance Questionnaires, Forms and Optional Speed to Market Filing ProceduresCL 11 (1998)Supplement No 3 to CL 11(1998)Please refer to the following web site for addi
10、tional information:http:/www.ins.state.ny.us/issec-iv.htmNO FILE OR FILING EXEMPTIONS630111NYCRR16(Reg. 86)The rate and form filing exemptions of the Free Trade Zone do not apply to Commercial Auto Insurance.PROHIBITED COVERAGESWhile the Department does not have an exhaustive list, some examples of
11、prohibited coverages include punitive damages and corporal punishment. Please refer to the following web site for additional information:http:/www.ins.state.ny.us/issec-v.htmIndemnification Policy3420Is not permitted. Liability coverage must be provided on a pay on behalf basis. Please refer to Item
12、 I.a.1 of Compliance Questionnaire No. CALPD.SIDE BY SIDE COMPARISONCL 11 (1998)If the filing is a revision to existing form(s), territories, classification(s) or rule(s); Except for simple, non-substantive changes, a side-by-side comparison of the form(s) or rule(s) being proposed and those current
13、ly in use in New York, with all changes clearly marked and explained in the companys cover letter or memorandum must be included. Revisions to classifications and territories should include a comparison between those currently on file (in New York) and those proposed, including relevant statistical
14、data (experience) and any rate or rate relativity effect. There should be a reference to the Departments previous file number and/or a copy of the approval letter in which the current form(s), territories, classification(s) or rule(s) were approved/acknowledged.FORMS: POLICY PROVISIONS2307, 2610, 34
15、11, 3412, 3420, 3426, & Article 5111 NYCRR 60-1(Reg 35-A)11NYCRR60-2(Reg 35-D)11 NYCRR 216 (Reg 64)11NYCRR65 (Reg. 68-A)11NYCRR67 (Reg. 79)11NYCRR71(Reg. 107)The following Compliance Questionnaire contains detailed information for making a commercial auto filing including required policy provisions, exclusions, prohibited coverages, and standard language:Commercial Auto Liability and Physical Damage Coverages Form Filing Compliance Questionnaire calpd.doc (Word Format) calpd.pdf (PDF Format)Form
