COVID-19 Resources for Property and Casualty Insurers

Notice of changes to filing requirements

This section includes some but not all of the information appearing in the “Legislative/Regulatory Activities” section.

Update as of 03/31/2020

Due to Coronavirus, many state insurance regulators are taking action, in part, to revise certain filing requirements, such as expedite certain filings, prohibit filing deemers, etc. In an effort to keep you updated on certain related activity, we are providing this notice. We plan to update this information as appropriate. Set forth below, we have listed, by jurisdiction, the title of the communication released by the regulator, the date of the communication, a link to the related communication and certain excerpts directly from the communication solely for reference. You should review carefully all aspects of the referenced communication, or any amendments or updates thereto, and not just rely on the information excerpted below.

Alaska

Bulletin B 20-06 Regarding Extended Review Period for Rate, Form, and Advertisement Filings 03/16/2020

The division is notifying insurers that effective immediately filings will be automatically extended as permitted by statute.

  • Prior Approval Forms: under AS 21.42.123 insurers will be allowed an additional 15 days to respond to objection letters for a total of 45 days. The state will be permitted an additional 30 days for a total of 60 days.
  • File and Use Forms: under AS 21.42.125 filings will be automatically granted the 30-day extension. The filings must be completed within 60 days.
  • Prior Approval Rates: under AS 21.39.041 insurers will be allowed an additional 15 days to respond to an objection letter for a total of 45 days. The division review may take an additional 15 days resulting in 30 days for the division to review.
  • File and Use Rates: under AS 21.39.220, AS 21.51.405, and AS 21.54.015, insurers and the state will be allowed a 15-day extension. Under AS 21.57.080, insurers and the state will be allowed a 30-day extension. The waiting period is automatically extended to 60 days.

Insurers are also notified that insurers may request filings originally submitted as File and Use be treated as Prior Approval if their company experiences operational challenges due to COVIO-19. The division reserves the right to treat File and Use filings as Prior Approval if deemed necessary by the director. A notice will be posted in the System for Electronic Rates and Forms Filing should this occur.

Arkansas

Bulletin No. 9-2020 Business Interruption Insurance and Covid-19 03/23/2020

The Arkansas Insurance Department has reviewed the ISO endorsement forms related to Business Interruption Coverage for COVID-19. These forms provide coverage for actual loss of business income and extra expenses caused by a civil authority ordering the closing of an insured’s premises. The Arkansas Insurance Department has approved them for use in Arkansas should insurers wish to adopt and file them with the Department.

Connecticut

Bulletin Number IC-41 Extension of Coverage for Personal Delivery Drivers During the Coronavirus (COVID19) Pandemic 03/26/2020

The Connecticut Insurance Department urges other personal auto/motorcycle carriers to consider implementing an endorsement where necessary, broadening coverage for those using their personal vehicle/motorcycle for commercial purposes in these particularly difficult times, such as modifying terms, conditions and exclusions that may leave delivery drivers without valuable liability and property coverage.

The Department will expedite approval of endorsements broadening personal auto/motorcycle as outlined above which the Department believes should remain in effect until the end of the Governor’s Emergency Declaration.

Georgia

Bulletin 20-EX-3 Business Interruption Insurance and COVID-19 (Coronavirus) 03/17/2020

Standard business interruption policies typically exclude viruses and bacteria and/or communicable disease. However, in response to past outbreaks, some insurers developed specialty insurance to respond.

The Georgia Department of Insurance became aware in early February 2020, Insurance Services Office, Inc. developed two endorsements relating to business interruption insurance and COVID-19. These forms provide coverage for actual loss of business income and extra expense caused by a government order closing the insured's premises or quarantining all or part of the premises and from government suspension of some modes of public transportation.

Upon learning of these forms, the Department elected to offer expedited review processes for these coverages. The Department intends to remove any barriers to insurers offering coverages that may protect Georgia businesses during this unprecedented Public Health Crisis.


Directive 20-EX-4 Additional Action to Assist Individuals Impacted by Coronavirus (COVID-19) 03/16/2020

Insurance Services Office. Inc has uploaded two forms with respect to business interruption coverage that relates to the current coronavirus situation. The Department is willing to expedite the review process for these coverages, to enable brokers and carriers to offer this coverage to Georgia businesses immediately. Carriers or brokers interested in writing this type of coverage should contact the Office of Insurance immediately.

Kansas

DOI Bulletin 2020-1 “Deemed Approved” statutes no longer in effect 03/17/2020

The Kansas Insurance Department informs insurers, agents, rating organizations, consumers, and any other person or entity having business before the Kansas Insurance Department that all such regulatory statutes in Chapter 40 that have a “deemed approved” or similar clause are without effect during the period of the emergency proclamation. For example, K.S.A. 40-955 and 40-2215 provide that certain rate and form filings shall be deemed approved unless disapproved within 30 days of receipt of the filing.

Kentucky

Announcement: Personal Automobile Policy Coverage/Delivery Services 03/25/2020

Personal automobile insurance policies do not typically provide coverage for vehicles used for commercial purposes. To ensure that those providing temporary delivery services have coverage under their personal automobile insurance policies, insurers shall not deny a claim under a personal automobile insurance policy solely because the insured was engaged in delivery services on behalf of a business impacted by the closures necessitated by the Governor’s Executive Order. This guidance shall apply to all personal automobile insurance policies in effect on or after March 16, 2020, and shall remain in effect until the Governor’s Executive Order is lifted, in whole or in part, to permit restaurants and bars to resume normal operations. This guidance does not apply to drivers working for a transportation network company or similar delivery company. Insurers may submit changes to their filings in accordance with this guidance, but are not required to do so.

Maryland

Bulletin No. 20-15 Commercial Use Exclusion in PPA Policies 03/30/2020

Private passenger automobile (“PPA”) policies typically contain language that eliminates or limits liability coverage for an insured’s commercial use of their vehicle(s). In Maryland, case law mandates that such exclusions may only apply to amounts in excess of the State’s mandatory minimum limits. One major market share PPA insurer group in Maryland has informed the Insurance Administration of its desire to temporarily waive the commercial use exclusion for the duration of the COVID-19 emergency. This will allow its insureds to be protected to the full extent of their liability coverage limits when using their vehicle(s) to deliver goods to residents of the State for pay. These citizens will be able to restore income streams without undue insurance worries. The Insurance Administration applauds this action and strongly encourages other PPA insurers operating in Maryland to follow suit. Insurers may make an endorsement form filing that temporarily suspends the commercial use exclusionary language in their contracts. The Insurance Administration will waive the fee for such filings and will review and approve the filing, if possible, within 24 hours of submission. Providing coverage in this manner may begin immediately.


Bulletin No. 20-12 Property & Casualty Temporary Rate Relief Filings 03/23/2020

On March 5, 2020, Governor Lawrence J. Hogan, Jr. declared a State of Emergency for the entire State as a result of the COVID-19 virus. As a result of this event, the daily lives of Maryland citizens have been disrupted in significant fashion. Business closures and social distancing restraints have resulted in economic hardship for many citizens of the State. Some of these hardships will actually result in less exposure to loss costs in certain property and casualty lines of business.

Accordingly, the Maryland Insurance Administration encourages all Property & Casualty insurers to consider making rate filings that provide temporary relief to insureds during this emergency. Filings may take the form of a premium discount for specific perils or coverages, or any other appropriate reduction in premium commensurate with reduced loss exposure. The Maryland Insurance Administration will waive filing fees for rate relief filings and provide expedited review. Please contact the Director of the Rates and Forms Unit, Ron Coleman (ronald.coleman@maryland.gov / 410.468.2310) or Associate Commissioner Robert Baron (robert.baron@maryland.gov / 410.468.2353) with any questions in this regard.

Michigan

Bulletin 2020-08-INS Temporary Regulatory Flexibility Re: COVID-19 03/20/2020

Regarding filing requirements, DIFS’ Annual Forms and Instructions Booklets instruct companies to file certain documents with DIFS in hard copy form with original (wet) signature. At this time, companies are still required to make all required electronic filings with the NAIC (e.g., quarterly financial statements, audited financial statements). However, for the duration of the Governor’s emergency declaration, all other required filings can be made electronically to DIFS with an email to your assigned analyst, with a copy also going to the analyst’s manager. Any deadlines that apply to hard copy filing dates are hereby postponed and DIFS will notify companies when the hard copy filings can be resumed.

Companies are expected to keep a list of all filings that were made electronically in lieu of hard copy filings so that they can file all the hard copies after being notified by DIFS. DIFS may request a copy of this list at any time.

New Hampshire

Bulletin Docket No.: 20-022-AB Title 37 Financial Regulation Filing Requirements through May 31, 2020 during COVID-19 Pandemic 03/26/2020

Due to the current Covid-19 state of emergency, the New Hampshire Insurance Department is releasing the following guidance to companies required to file financial statements pursuant to RSA 400-A:36 or RSA 401 B:4.

North Dakota

Bulletin 2020-4 Expansion of Personal Lines Automobile Policies for Delivery Services 03/25/2020

-Circular LI-PA-2020-086.

In response to Governor Doug Burgum's Executive Order 2020-06 issued on March 16, 2020 that ordered the closure of on sale/on-site dining options, the department encourages all personal auto insurers to temporarily extend coverage on a personal auto policy to include coverage when the insured is engaged in delivering food, medicine or other essential goods.

Insurers who choose to extend coverage have the option to make coverage effective immediately or retroactively. Retroactive policies will be limited to no earlier than March 17, 2020. Companies will need to submit an informational filing via SERFF regarding this change as soon as possible and the filing review will be expedited.

Pennsylvania

Notice 2020-5: Notice to Insurance Companies Regarding Filings 03/19/2020

Due to the COVID-19 pandemic, the Commonwealth of Pennsylvania Insurance Department (PID) may be limited in its ability to receive and process paper filings. While PID believes that there will be minimum disruption to Department operations, PID is issuing this notice to provide additional information. Questions beyond those covered here may be directed to ra-in-analysis.com or ra-incompanylicense@pa.gov, as applicable.

In an effort to prevent further disruption of the business being conducted by our insurance companies and other licensees, the Office of Corporate and Financial Regulation will, for a limited time, accept filings electronically. Financial analysis filings should be forwarded via email to your assigned financial analyst with copies to the supervisor and to Kim Rankin (krankin@pa.gov) and may be in Word, Excel, or PDF format. All licensing filings should be directed to Karen Feather (kfeather@pa.gov).

In addition to filings made to the Office of Corporate and Financial Regulation, PID is aware that other paper filings are sent to this office in the ordinary course of business. We strongly encourage that an electronic file be sent in addition to the paper filing so as to allow PID to more quickly access the filing and processes it.

Lastly, at this point, the Department would request insurers and other licensees review the filings which they currently have pending with PID as well as any filings which are currently planned. PID requests that any filings which are not immediately necessary be withdrawn and any planned filings be held until further notice. To reiterate, the Department will maintain its current functions and PID does not anticipate any curtailment of the Department’s ability to maintain these functions. We merely request that you cooperate with the Department to ensure that essential filings receive timely review.

Rhode Island

Insurance Bulletin Number 2020-4 Flexibility in Insurance during the COVID-19 Emergency 03/25/2020

The Rhode Island Insurance Division requests that insurers writing business in our state take the following steps to preserve access to insurance coverage during this emergency.

Insurer should consider filings to alter policies to reflect the anticipated effects of the emergency. These would include, but are not limited to, reduction in premiums for active policies and amendment to coverages to reflect changes in anticipated activities as a result of the emergency such as removal of the exclusion for deliveries in personal automobile policies.

West Virginia

Bulletin 20-07 Coronavirus (COVID-19) Regulatory Guidance 03/26/2020

Insurers and other regulated entities are encouraged to communicate with the OIC via email whenever possible. Most OIC employees are currently working from home. Accordingly, correspondence received via the U.S. Postal Service or facsimile may be delayed for review. However, all divisions of the OIC are operational and will be checking emails, answering forwarded telephones and checking voicemails daily. The quickest way to ensure a response is to contact the OIC via email or telephone.

Wisconsin

Complying with Regulatory Requirements during the Public Health Emergency 03/20/2020

OCI has several required regulatory filings that are deemed approved by OCI if the filing is not disapproved within a certain time period. For example, extraordinary dividend requests are deemed approved if OCI does not disapprove the request within 30 days in accordance with Wis. Stat. § 617.225. OCI is receiving a high number of inquiries related to the COVID-19 virus and cannot ensure that any filing will be reviewed in the time period specified by statute. Further, because OCI staff is working remotely, OCI cannot guarantee that any filing that is submitted through the mail will be received in a timely manner. For this reason, during the pendency of the public health emergency related to COVID-19, all filings that are deemed approved if OCI does not disapprove the filing within a certain period of time are hereby disapproved. This disapproval is preliminary and OCI will continue to review the filing to determine if a final disapproval or approval is warranted. OCI will review those filings in as timely a manner as possible and will endeavor to provide a final determination within the statutory time frame.


Regulatory Flexibility Regarding COVID-19 03/15/2020

OCI would also like to offer flexibility to insurers who may experience difficulties meeting regulatory filing deadlines. If your company believes that it will not be able to meet a filing deadline required by law or OCI order, please contact OCI to discuss alternative arrangements. If the issue involves the Market Regulation Division, please contact Rebecca Rebholz at Rebecca.Rebholz@wisconsin.gov. If the issue involves the Financial Division, please contact Amy Malm at Amy.Malm@wisconsin.gov. In making required filings with OCI, insurers are encouraged to make those filings electronically to the extent possible.