2025 -- H 5548 | |
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LC001767 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO INSURANCE -- VOLUNTARY RESTRUCTURING OF SOLVENT | |
INSURERS | |
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Introduced By: Representatives Kennedy, Azzinaro, Edwards, Solomon, O'Brien, | |
Date Introduced: February 26, 2025 | |
Referred To: House Corporations | |
(Dept. of Business Regulation) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 27-14.5-1 of the General Laws in Chapter 27-14.5 entitled |
2 | "Voluntary Restructuring of Solvent Insurers" is hereby amended to read as follows: |
3 | 27-14.5-1. Definitions. |
4 | As used in this chapter: |
5 | (1) “Applicant” means a commercial run-off insurer applying under § 27-14.5-4. |
6 | (2) “Assessment deficit” means the amount that the assessment for the previous year under |
7 | § 27-14.5-5 is less than, and “assessment surplus” is the amount that the assessment for the previous |
8 | year exceeds: |
9 | (i) The run-off insurer’s proportionate share of regulatory expenditure for the previous |
10 | year, if the run-off insurer was domiciled in Rhode Island on March 15 of the previous year; or |
11 | (ii) The redomestication expenditure for the previous year attributable to the run-off |
12 | insurer, if the run-off insurer was not domiciled in Rhode Island on March 15 of the previous year. |
13 | (3) “Assumption policyholder” means a policyholder whose policy is reinsured under an |
14 | assumption reinsurance agreement between the applicant and a reinsurer. |
15 | (4) “Assumption reinsurance agreement” has the meaning given in § 27-53.1-3(b), subject |
16 | to the following: |
17 | (i) The agreement may be conditioned upon the court’s entry of an implementation order. |
18 | (ii) If any policy subject to the agreement is protected through a guarantee association, then |
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1 | the assuming insurer must have been and be licensed, and must have been and be a member of the |
2 | guarantee association, in all states known to the applicant in which either: (A) Any property covered |
3 | under the policy has a permanent situs; or (B) The policyholder resided while the policy was in |
4 | force. |
5 | (5) “Class of creditors” means: |
6 | (i) All voting policyholders, including those without known claims; |
7 | (ii) Voting creditors, other than policyholders; or |
8 | (iii) Any separate class of creditors as the court may in its discretion determine should |
9 | approve the commutation plan. |
10 | (6) “Commercial run-off insurer” means: |
11 | (i) A run-off insurer domiciled in Rhode Island, or the protected cell of the insurer, whose |
12 | business, excluding all business subject to an assumption reinsurance agreement, includes only the |
13 | reinsuring of any line(s) of business other than life and/or the insuring of any line(s) of business |
14 | other than life, workers’ compensation, and personal lines insurance; or |
15 | (ii) A Rhode Island domestic insurance company, or the protected cell of that insurer, |
16 | meeting the requirements of subsection (i) whose liabilities consist of commercial liabilities |
17 | transferred to said company with the approval of the commissioner and pursuant to the regulations |
18 | issued by the department under this chapter. The amount of the commercial liabilities transferred |
19 | must be less than or equal to the amount of assets transferred to the newly formed or re-activated |
20 | company. |
21 | (7) “Commissioner” means the director of the department or designee. |
22 | (8) “Commutation plan” means a plan for extinguishing the outstanding liabilities of a |
23 | commercial run-off insurer. |
24 | (9) “Creditor” means: |
25 | (i) Any person who has a claim against the applicant; or |
26 | (ii) A policyholder other than an assumption policyholder. |
27 | (10) “Department” means the department of business regulation. |
28 | (11) “Guarantee association” means a guarantee association or foreign guarantee |
29 | association, as those terms are defined in § 27-14.3-3(10), that is potentially obligated with respect |
30 | to the applicant’s policies. |
31 | (12) “Implementation order” means an order under § 27-14.5-4(c). |
32 | (13) “Insurer” has the meaning given in § 27-14.3-3(12). |
33 | (14) “Person” means an individual, corporation, partnership, association, joint stock |
34 | company, trust, unincorporated organization, or any similar entity or any combination of the |
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1 | foregoing acting in concert. |
2 | (15) “Personal lines insurance” means insurance issued for personal, family, or household |
3 | purposes. |
4 | (16) “Policy” means a contract of insurance or a contract of reinsurance. |
5 | (17) “Policyholder” means an insured or a reinsured of the insurer. |
6 | (18) “Proportionate share” means, for a particular run-off insurer as of December 31 of the |
7 | previous year, the ratio of: |
8 | (i) The gross assets of that run-off insurer; to |
9 | (ii) The gross assets of all run-off insurers, other than those that were not domiciled in |
10 | Rhode Island on March 15 of that calendar year. |
11 | (19) “Redomestication expenditure” means, for any calendar year: |
12 | (i) The amount that the department’s expenditures attributable to the regulation of run-off |
13 | insurers increases as a result of any run-off insurer redomiciling to Rhode Island on or after March |
14 | 15 of that year; less |
15 | (ii) Filing fees, examination costs, and any other fees in relation to insurance regulation in |
16 | this state paid to this state by run-off insurers that redomiciled to Rhode Island on or after March |
17 | 15 of that year, but excluding any premium taxes. |
18 | (20) “Regulatory expenditure” means, for any calendar year: |
19 | (i) The amount of the department’s expenditures attributable to the regulation of run-off |
20 | insurers domiciled in Rhode Island on March 15 of that year; less |
21 | (ii) Filing fees, examination costs, and any other fees in relation to insurance regulation in |
22 | this state paid to this state by run-off insurers domiciled in Rhode Island on March 15 of that year, |
23 | but excluding any premium taxes. |
24 | (21) “Run-off insurer” means an insurer that: |
25 | (i) Is domiciled in Rhode Island; |
26 | (ii) Has liabilities under policies for property and casualty lines of business; |
27 | (iii) Has ceased underwriting new business; and |
28 | (iv) Is only renewing ongoing business to the extent required by law or by contract. |
29 | (22) “Voluntary restructuring” means the act of reorganizing the legal ownership, |
30 | operational, governance, or other structures of a solvent insurer, for the purpose of enhancing |
31 | organization and maximizing efficiencies, and shall include the transfer of assets and liabilities to |
32 | or from an insurer, or the protected cell of an insurer pursuant to an insurance business transfer |
33 | plan. A voluntary restructuring under this chapter may be approved by the commissioner only if, |
34 | in the commissioner’s opinion, it would have no material adverse impact on the insurer’s |
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1 | policyholders, reinsureds, or claimants of policies subject to the restructuring. |
2 | SECTION 2. Sections 27-34-3, 27-34-5, 27-34-8 and 27-34-11.5 of the General Laws in |
3 | Chapter 27-34 entitled "Rhode Island Property and Casualty Insurance Guaranty Association" are |
4 | hereby amended to read as follows: |
5 | 27-34-3. Scope. |
6 | This chapter shall apply to all kinds of direct insurance, but shall not be applicable to the |
7 | following: |
8 | (1) Life, annuity, health, or disability insurance; |
9 | (2) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection |
10 | against investment risks. For purposes of this section, “financial guaranty insurance” includes any |
11 | insurance under which loss is payable upon proof of occurrence of any of the following events to |
12 | the damage of an insured claimant or obligee: |
13 | (i) Failure of any obligor or obligors on any debt instrument or other monetary obligation, |
14 | including common or preferred stock, to pay when due the principal, interest, dividend, or purchase |
15 | price of such instrument or obligation, whether failure is the result of a financial default or |
16 | insolvency and whether or not the obligation is incurred directly or as a guarantor by, or on behalf |
17 | of, another obligor which has also defaulted; |
18 | (ii) Changes in the level of interest rates whether short-term or long-term, or in the |
19 | difference between interest rates existing in various markets; |
20 | (iii) Changes in the rate of exchange of currency, or from the inconvertibility of one |
21 | currency into another for any reason; |
22 | (iv) Changes in the value of specific assets or commodities, or price levels in general; |
23 | (3) Fidelity or surety bonds, or any other bonding obligations; |
24 | (4) Credit insurance, vendors’ single interest insurance, or collateral protection insurance |
25 | or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor |
26 | transaction. For purposes of this section, “credit insurance” means insurance on accounts |
27 | receivable; |
28 | (5) Insurance Other than coverages that may be set forth in a cybersecurity insurance |
29 | policy, insurance of warranties or service contracts including insurance that provides for the repair, |
30 | replacement, or service of goods or property, indemnification for repair, replacement, or service |
31 | for the operational or structural failure of the goods or property due to a defect in materials, |
32 | workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the |
33 | issuer of agreements or service contracts that provide such benefits; |
34 | (6) Title insurance; |
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1 | (7) Ocean marine insurance, except that portion of the marine protection and indemnity |
2 | insurance covering liability of the insured for personal injury, illness, or death to employees and |
3 | insurance covering pleasure craft; |
4 | (8) Any transaction or combination of transactions between a person, including affiliates |
5 | of the person, and an insurer, including affiliates of such insurer, which involves the transfer of |
6 | investment or credit risk unaccompanied by transfer of insurance risk; |
7 | (9) Any insurance provided by or guaranteed by government; or |
8 | (10) Any transaction or combination of transactions between a protected cell and the |
9 | general account or another protected cell of a protected cell company organized under the Protected |
10 | Cell Companies Act, chapter 64 of this title, as those terms are defined in this chapter. |
11 | 27-34-5. Definitions. |
12 | As used in this chapter: |
13 | (1) “Account” means any one of the three (3) accounts created by § 27-34-6. |
14 | (2) “Affiliate” means a person, who directly or indirectly, through one or more |
15 | intermediaries, controls, is controlled by, or is under common control with another on December |
16 | 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. |
17 | (3) “Association” means the Rhode Island insurance guaranty association created under § |
18 | 27-34-6. |
19 | (4) “Association similar to the association” means any guaranty association, security fund, |
20 | or other insolvency mechanism that affords protection similar to that of the association. The term |
21 | shall also include any property and casualty insolvency mechanism that obtains assessments or |
22 | other contributions from insurers on a pre-insolvency basis. |
23 | (5) “Assumed claims transaction” means the following: |
24 | (i) Policy obligations that have been assumed by the insolvent insurer, prior to the entry of |
25 | a final order of liquidation, through a merger between the insolvent insurer and another entity |
26 | obligated under the policies, and for which assumption consideration has been paid to the applicable |
27 | guaranty associations, if the merged entity is a non-member insurer; |
28 | (ii) Policy obligations that have been assumed by the insolvent insurer, prior to the entry |
29 | of a final order of liquidation, pursuant to a plan, approved by the domestic commissioner of the |
30 | assuming insurer, which: |
31 | (A) Transfers the direct policy obligations and future policy renewals from one insurer to |
32 | another insurer; and |
33 | (B) For which assumption consideration has been paid to the applicable guaranty |
34 | associations, if the assumption is from a non-member insurer. |
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1 | (C) For purposes of this section, the term non-member insurer also includes a self-insurer, |
2 | non-admitted insurer, and risk retention group; or |
3 | (iii) An assumption reinsurance transaction in which all of the following has occurred: |
4 | (A) The insolvent insurer assumed, prior to the entry of a final order of liquidation, the |
5 | claim or policy obligations of another insurer or entity obligated under the claims or policies; |
6 | (B) The assumption of the claim or policy obligations has been approved, if such approval |
7 | is required, by the appropriate regulatory authorities; and |
8 | (C) As a result of the assumption, the claim or policy obligations became the direct |
9 | obligations of the insolvent insurer through a novation of the claims or policies. |
10 | (6) “Assumption consideration” shall mean the consideration received by a guaranty |
11 | association to extend coverage to the policies assumed by a member insurer from a non-member |
12 | insurer in any assumed claims transaction including liabilities that may have arisen prior to the date |
13 | of the transaction. The assumption consideration shall be in an amount equal to the amount that |
14 | would have been paid by the assuming insurer during the three (3) calendar years prior to the |
15 | effective date of the transaction to the applicable guaranty associations if the business had been |
16 | written directly by the assuming insurer. |
17 | (i) In the event that the amount of the premiums for the three-year (3) period cannot be |
18 | determined, the assumption consideration will be determined by multiplying one hundred thirty |
19 | percent (130%) against the sum of the unpaid losses, loss adjustment expenses, and incurred but |
20 | not reported losses, as of the effective date of the assumed claims transaction, and then multiplying |
21 | such sum times the applicable guaranty association assessment percentage for the calendar year of |
22 | the transaction. |
23 | (ii) The funds paid to a guaranty association shall be allocated in the same manner as any |
24 | assessments made during the three-year (3) period. The guaranty association receiving the |
25 | assumption consideration shall not be required to recalculate or adjust any assessments levied |
26 | during the prior three (3) calendar years as a result of receiving the assumption consideration. |
27 | Assumption consideration paid by an insurer may be recouped in the same manner as other |
28 | assessments made by a guaranty association. |
29 | (7) “Claimant” means any person instituting a covered claim; provided that no person who |
30 | is an affiliate of the insolvent insurer may be a claimant. |
31 | (8) “Commissioner” means the director of the department of business regulation or his or |
32 | her the commissioner’s designee. |
33 | (9) “Control” means the possession, direct or indirect, of the power to direct or cause the |
34 | direction of the management and policies of a person, whether through the ownership of voting |
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1 | securities, by contract other than a commercial contract for goods or nonmanagement services, or |
2 | otherwise, unless the power is the result of an official position with, or corporate office held by, the |
3 | person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds |
4 | with the power to vote, or holds proxies representing, ten percent (10%) or more of the voting |
5 | securities of any other person. This presumption may be rebutted by a showing that control does |
6 | not exist in fact. |
7 | (10) “Covered claim” means: |
8 | (i) An unpaid claim, including one for unearned premiums, submitted by a claimant, which |
9 | arises out of and is within the coverage and subject to the applicable limits of an insurance policy |
10 | to which this chapter applies, if the policy was issued by an insurer that becomes an insolvent |
11 | insurer after the effective date of this chapter and the policy was either issued by the insurer or |
12 | assumed by the insurer in an assumed claims transaction, and: |
13 | (A) The claimant or insured is a resident of this state at the time of the insured event; |
14 | provided, that for entities other than an individual, the residence of a claimant, insured, or |
15 | policyholder is the state in which its principal place of business is located at the time of the insured |
16 | event; or |
17 | (B) The claim is a first-party claim for damage to property with a permanent location in |
18 | this state. |
19 | (ii) Covered claim includes claim obligations that arose through the issuance of an |
20 | insurance policy by a member insurer, which are later allocated, transferred, merged into, novated, |
21 | assumed by, or otherwise made the sole responsibility of a member or non-member insurer if: |
22 | (A) The original member insurer has no remaining obligations on the policy after the |
23 | transfer; |
24 | (B) A final order of liquidation with a finding of insolvency has been entered against the |
25 | insurer that assumed the member’s coverage obligations by a court of competent jurisdiction in the |
26 | insurer’s state of domicile; |
27 | (C) The claim would have been a covered claim, as defined in this section, if the claim had |
28 | remained the responsibility of the original member insurer and the order of liquidation had been |
29 | entered against the original member insurer, with the same claim submission date and liquidation |
30 | date; and |
31 | (D) In cases where the member’s coverage obligations were assumed by a non-member |
32 | insurer, the transaction received prior regulatory or judicial approval. |
33 | (iii) Covered claim includes claim obligations that were originally covered by a non- |
34 | member insurer including, but not limited to, a self-insurer, non-admitted insurer or risk retention |
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1 | group, but subsequently became the sole direct obligation of a member insurer before the entry of |
2 | a final order of liquidation with a finding of insolvency against the member insurer by a court of |
3 | competent jurisdiction in its state of domicile, if the claim obligations were assumed by the member |
4 | insurer in a transaction of one of the following types: |
5 | (A) A merger in which the surviving company was a member insurer immediately after the |
6 | merger; |
7 | (B) An assumption reinsurance transaction that received any required approvals from the |
8 | appropriate regulatory authorities; or |
9 | (C) A transaction entered into pursuant to a plan approved by the member insurer’s |
10 | domiciliary regulator. |
11 | (iv) Except as provided elsewhere in this section, “covered claim” shall not include: |
12 | (A) Any amount awarded as punitive or exemplary damages; |
13 | (B) Any amount sought as a return of premium under any retrospective rating plan; |
14 | (C) Any amount due any reinsurer, insurer, insurance pool, or underwriting association, |
15 | health maintenance organization, hospital plan corporation, professional health service corporation, |
16 | or self-insurer as subrogation recoveries, reinsurance recoveries, contribution, indemnification or |
17 | otherwise. No claim for any amount due any reinsurer, insurer, insurance pool, underwriting |
18 | association, health maintenance organization, hospital plan corporation, professional health service |
19 | corporation, or self-insurer may be asserted against a person insured under a policy issued by an |
20 | insolvent insurer other than to the extent the claim exceeds the association obligation limitations |
21 | set forth in § 27-34-8; |
22 | (D) Any claims excluded pursuant to § 27-34-11.5 due to the high net worth of an insured; |
23 | (E) Any first party claims by an insured that is an affiliate of the insolvent insurer; |
24 | (F) Any fee or other amount relating to goods or services sought by or on behalf of any |
25 | attorney or other provider of goods or services retained by the insolvent insurer or an insured prior |
26 | to the date it was determined to be insolvent; |
27 | (G) Any fee or other amount sought by or on behalf of any attorney or other provider of |
28 | goods or services retained by any insured or claimant in connection with the assertion or |
29 | prosecution of any claim, covered or otherwise, against the association; |
30 | (H) Any claims for interest; or |
31 | (I) Any claim filed with the association or a liquidator for protection afforded under the |
32 | insured’s policy for incurred-but-not-reported losses. |
33 | (11) “Cybersecurity insurance” means for purposes of this section includes first and third- |
34 | party coverage, in a policy or endorsement, written on a direct, admitted basis for losses and loss |
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1 | mitigation arising out of or relating to data privacy breaches, unauthorized information network |
2 | security intrusions, computer viruses, ransomware, cyber extortion, identity theft, and similar |
3 | exposures. |
4 | (11)(12) “Insolvent insurer” means an insurer licensed to transact insurance in this state |
5 | either at the time the policy was issued; when the obligation with respect to the covered claim was |
6 | assumed under an assumed claims transaction; or when the insured event occurred, and against |
7 | whom a final order of liquidation has been entered after the effective date of this chapter with a |
8 | finding of insolvency by a court of competent jurisdiction in the insurer’s state of domicile. |
9 | (12)(13) “Insured” means any named insured, any additional insured, any vendor, lessor, |
10 | or any other party identified as an insured under the policy. |
11 | (13)(14) “Line of credit” means an irrevocable stand-by commitment whereby the |
12 | association or member insurer and a qualified financial institution or group of qualified financial |
13 | institutions enter into a formal and binding contract in which the qualified financial institution or |
14 | group of qualified financial institutions agree to lend a certain amount of money within a stated |
15 | period of time. |
16 | (14)(15)(i) “Member insurer” means any person who: |
17 | (A) Writes any kind of insurance to which this chapter applies, under § 27-34-3, including |
18 | the exchange of reciprocal or interinsurance contracts; |
19 | (B) Is licensed to transact insurance in this state; and |
20 | (C) Is not otherwise excepted from membership by statute or regulation. |
21 | (ii) An insurer shall cease to be a member insurer effective on the day following the |
22 | termination or expiration of its license to transact the kinds of insurance to which this chapter |
23 | applies, however, the insurer shall remain liable as a member insurer for any and all obligations, |
24 | including obligations for assessments levied prior to the termination or expiration of the insurer’s |
25 | license and assessments levied after the termination or expiration, which relate to any insurer that |
26 | became an insolvent insurer prior to the termination or expiration of the insurer’s license. |
27 | (15)(16) “Net direct written premiums” means direct gross premiums written in this state |
28 | on insurance policies to which this chapter applies, including policy and membership fees, less the |
29 | following amounts: (i) Return premiums; (ii) Premiums on policies not taken; and (iii) Dividends |
30 | paid or credited to policyholders on that direct business. “Net direct written premiums” does not |
31 | include premiums on contracts between insurers or reinsurers. |
32 | (16)(17) “Novation” means that the assumed claim or policy obligations became the direct |
33 | obligations of the insolvent insurer through consent of the policyholder and that thereafter the |
34 | ceding insurer or entity initially obligated under the claims or policies is released by the |
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1 | policyholder from performing its claim or policy obligations. Consent may be express or implied |
2 | based upon the circumstances, notice provided, and conduct of the parties. |
3 | (17)(18) “Ocean marine insurance” means any form of insurance, regardless of the name, |
4 | label, or marketing designation of the insurance policy, that insures against maritime perils or risks |
5 | and other related perils or risks, which are usually insured against by traditional marine insurance, |
6 | such as hull and machinery, marine builders risk, and marine protection and indemnity. Perils and |
7 | risk insured against include without limitation: loss, damage, expense, or legal liability of the |
8 | insured for loss, damage, or expense arising out of or incident to ownership, operation, chartering, |
9 | maintenance, use, repair, or construction of any vessel, craft, or instrumentality in use in ocean or |
10 | inland waterways for commercial purposes, including liability of the insured for personal injury, |
11 | injury, illness, or death or for loss or damage to the property of the insured or another person. |
12 | (18)(19) “Person” means any individual, aggregation of individuals, corporation, |
13 | partnership, or other entity. |
14 | (19)(20) “Qualified financial institution” shall have the same meaning as the term in § 27- |
15 | 1.1-3. |
16 | (20)(21) “Receiver” means liquidator, rehabilitator, conservator, or ancillary receiver, as |
17 | the context requires. |
18 | (21)(22) “Self-insurer” means a person that covers its liability through a qualified |
19 | individual or group self-insurance program or any other formal program created for the specific |
20 | purpose of covering liabilities typically covered by insurance. |
21 | (22)(23) “Self-insured retention” means: |
22 | (i) Any fund or other arrangement to pay claims other than by an insurance company; or |
23 | (ii) Any arrangement under which an insurance company has no obligation to pay claims |
24 | on behalf of an insured if it is not reimbursed by the insured. |
25 | 27-34-8. Powers and duties of the association. |
26 | (a) The association shall: |
27 | (1)(i) Be obligated to pay covered claims existing prior to the order of liquidation; arising |
28 | within sixty (60) days after the order of liquidation or before the policy expiration date if less than |
29 | sixty (60) days after the order of liquidation or before the insured replaces the policy or causes its |
30 | cancellation if the insured does so within sixty (60) days of the order of liquidation. The obligations |
31 | shall be satisfied by paying to the claimant an amount as follows: |
32 | (A) The full amount of a covered claim for benefits under a workers’ compensation |
33 | insurance coverage; |
34 | (B) An amount not exceeding ten thousand dollars ($10,000), per policy for a covered |
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1 | claim for the return of unearned premium; |
2 | (C) An amount not exceeding one million dollars ($1,000,000) for all first-party property |
3 | loss claims arising from a single occurrence under a policy covering commercial or residential |
4 | property for all other covered claims for insolvencies occurring after January 1, 2026. An amount |
5 | not exceeding five hundred thousand dollars ($500,000), per claimant for all other covered claims |
6 | for insolvencies occurring on or after January 1, 2008, and an amount not exceeding three hundred |
7 | thousand dollars ($300,000) per claimant for all other covered claims for insolvencies occurring |
8 | prior to January 1, 2008. |
9 | (D) In no event shall the association be obligated to pay an amount in excess of five |
10 | hundred thousand dollars ($500,000) for all first and third-party claims under a policy or |
11 | endorsement providing, or that is found to provide, cybersecurity insurance coverage and arising |
12 | out of or related to a single insured event, regardless of the number of claims made or the number |
13 | of claimants. |
14 | (ii) In no event shall the association be obligated to pay a claimant an amount in excess of |
15 | the obligation of the insolvent insurer under the policy or coverage from which the claim arises. |
16 | Notwithstanding any other provision of this chapter, a covered claim shall not include a claim filed |
17 | with the guaranty association after the final date set by the court for the filing of claims against the |
18 | liquidator or receiver of an insolvent insurer. For the purpose of filing a claim under this subsection, |
19 | notice of claims to the liquidator of the insolvent insurer shall be deemed notice to the association |
20 | or its agent and a list of claims shall be periodically submitted to the association or association |
21 | similar to the association in another state by the liquidator. |
22 | (iii) Any obligation of the association to defend an insured shall cease upon the |
23 | association’s payment or tender of an amount equal to the lesser of the association’s covered claim |
24 | obligation limit or the applicable policy limit; |
25 | (2) Be deemed the insurer to the extent of its obligation on the covered claims and to that |
26 | extent, subject to the limitation provided in this chapter, shall have all rights, duties, and obligations |
27 | of the insolvent insurer as if the insurer had not become insolvent, including, but not limited to, the |
28 | right to pursue and retain salvage and subrogation recoverable on covered claim obligations to the |
29 | extent paid by the association. The association shall not be deemed the insolvent insurer for the |
30 | purpose of conferring jurisdiction; |
31 | (3) Allocate claims paid and expenses incurred among the three (3) accounts separately, |
32 | and assess member insurers separately for each account amounts necessary to pay the obligations |
33 | of the association under subdivision (a)(1) subsequent to an insolvency, the expenses of handling |
34 | covered claims subsequent to an insolvency, and other expenses authorized by this chapter. The |
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1 | assessments of each member insurer shall be in the proportion that the net direct written premiums |
2 | of the member insurer for the calendar year preceding the assessment on the kinds of insurance in |
3 | the account bears to the net direct written premiums of all member insurers for the calendar year |
4 | preceding the assessment on the kinds of insurance in the account. Each member insurer shall be |
5 | notified of the assessment not later than thirty (30) days before it is due. |
6 | A member insurer may not be assessed in any one year on any account an amount greater |
7 | than two percent (2%) of that member insurer’s net direct written premiums for the calendar year |
8 | preceding the assessment on the kinds of insurance in the account. If the maximum assessment, |
9 | together with the other assets of the association in any account, does not provide in any one year in |
10 | any account an amount sufficient to make all necessary payments from that account, each member |
11 | insurer shall be assessed the additional amount that must be obtained to make all necessary |
12 | payments of the underfunded account from the other two accounts, subject to the same limitation |
13 | of two percent (2%) of that member insurer’s net direct written premiums for the calendar year |
14 | preceding the assessment on the kinds of insurance in the account. The additional assessments shall |
15 | be considered loans by and between the separate accounts. Amounts borrowed under this |
16 | subsection shall be paid back to the separate accounts from which they were borrowed, out of |
17 | assets, including, but not limited to, existing and future assessments in the account receiving the |
18 | loan. An interest charge shall be levied on all amounts borrowed under this subsection based on the |
19 | average prime rate of interest for each year the money remains unpaid. If the amounts borrowed |
20 | remain unpaid on the seventh yearly anniversary as a result of the inability of the borrowing account |
21 | to make repayment, then the amount borrowed and interest which is not repaid, starting with the |
22 | principal and interest of the first year, shall be considered uncollectible. The funds available shall |
23 | be prorated and the unpaid portion shall be paid as soon after this as funds become available. The |
24 | association may exempt or defer, in whole or in part, the assessment of any member insurer if the |
25 | assessment would cause the member insurer’s financial statement to reflect amounts of capital or |
26 | surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in |
27 | which the member insurer is authorized to transact insurance. However, during the period of |
28 | deferment, no dividends shall be paid to shareholders or policyholders. Deferred assessments shall |
29 | be paid when the payment will not reduce capital or surplus below required minimums. Payments |
30 | shall be refunded to those companies receiving larger assessments by virtue of the deferment, or, |
31 | at the election of any company, credited against future assessments; |
32 | (4) Investigate claims brought against the association and adjust, compromise, settle, and |
33 | pay covered claims to the extent of the association’s obligation and deny all other claims. The |
34 | association shall pay claims in any order that it may deem reasonable, including the payment of |
| LC001767 - Page 12 of 25 |
1 | claims as they are received from the claimants or in groups or categories of claims. The association |
2 | shall have the right to appoint and to direct legal counsel retained under liability insurance policies |
3 | for the defense of covered claims and to appoint and direct other service providers for covered |
4 | services; |
5 | (5) Notify claimants in this state as deemed necessary by the commissioner and upon the |
6 | commissioner’s request, to the extent records are available to the association; |
7 | (6)(i) Have the right to review and contest as set forth in this subsection settlements, |
8 | releases, compromises, waivers, and judgments to which the insolvent insurer or its insureds were |
9 | parties prior to the entry of the order of liquidation. In an action to enforce settlements, releases, |
10 | and judgments to which the insolvent insurer or its insureds were parties prior to the entry of the |
11 | order of liquidation, the association shall have the right to assert the following defenses, in addition |
12 | to the defenses available to the insurer: |
13 | (A) The association is not bound by a settlement, release, compromise, or waiver executed |
14 | by an insured or the insurer, or any judgment entered against an insured or the insurer by consent |
15 | or through a failure to exhaust all appeals, if the settlement, release, compromise, waiver, or |
16 | judgment was: |
17 | (I) Executed or entered into within one hundred twenty (120) days prior to the entry of an |
18 | order of liquidation, and the insured or the insurer did not use reasonable care in entering into the |
19 | settlement, release, compromise, waiver, or judgment, or did not pursue all reasonable appeals of |
20 | an adverse judgment; or |
21 | (II) Executed by or taken against an insured or the insurer based on default, fraud, collusion, |
22 | or the insurer’s failure to defend. |
23 | (B) If a court of competent jurisdiction finds that the association is not bound by a |
24 | settlement, release, compromise, waiver, or judgment for the reasons described in subparagraph |
25 | (i)(A), the settlement, release, compromise, waiver, or judgment shall be set aside, and the |
26 | association shall be permitted to defend any covered claim on the merits. The settlement, release, |
27 | compromise, waiver, or judgment may not be considered as evidence of liability or damages in |
28 | connection with any claim brought against the association or any other party under this chapter. |
29 | (C) The association shall have the right to assert any statutory defenses or rights of offset |
30 | against any settlement, release, compromise, or waiver executed by an insured or the insurer, or |
31 | any judgment taken against the insured or the insurer. |
32 | (ii) As to any covered claims arising from a judgment under any decision, verdict, or |
33 | finding based on the default of the insolvent insurer or its failure to defend, the association, either |
34 | on its own behalf or on behalf of an insured, may apply to have the judgment, order, decision, |
| LC001767 - Page 13 of 25 |
1 | verdict, or finding set aside by the same court or administrator that entered the judgment, order, |
2 | decision, verdict, or finding and shall be permitted to defend the claim on the merits; |
3 | (7) Handle claims through its employees or through one or more insurers or other persons |
4 | designated as servicing facilities. Designation of a servicing facility is subject to the approval of |
5 | the commissioner, but the designation may be declined by a member insurer; |
6 | (8) Reimburse each servicing facility for obligations of the association paid by the facility |
7 | and for expenses incurred by the facility while handling claims on behalf of the association and |
8 | shall pay the other expenses of the association authorized by this chapter; |
9 | (9)(i) The association shall obtain a line of credit for the benefit of each account, in an |
10 | amount not to exceed the applicable maximum to ensure the immediate availability of funds for |
11 | purposes of future claims and expenses attributable to an insurer insolvency in that account. The |
12 | line of credit shall be obtained from qualified financial institutions. The line of credit shall provide |
13 | for a thirty-day (30) notice of termination or nonrenewal to the commissioner and the association |
14 | and shall provide funding to the association within three (3) business days of receipt of written |
15 | notice from the commissioner of an insolvent insurer in that account. Each member insurer upon |
16 | receipt of notice from the association shall make immediate payment for its proportionate share of |
17 | the amount borrowed based on the premium for the preceding calendar year. The maximum line of |
18 | credit or preinsolvency assessment for each account shall be subject to prior review and approval |
19 | by the commissioner at the time of origination. |
20 | (ii) If the association cannot obtain a line of credit, the association may obtain an |
21 | irrevocable line of credit agreement from each member insurer in an amount not to exceed the |
22 | member insurer’s maximum assessment pursuant to subdivision (a)(3) to ensure the immediate |
23 | availability of funds for the purposes of future claims and expenses attributable to an insurer |
24 | insolvency. |
25 | Any amount drawn under any line of credit shall be considered a payment toward the |
26 | member insurer’s assessment provided for in subdivision (a)(3). |
27 | The member insurer shall provide funding to the association under the line of credit within |
28 | three (3) business days of receipt of a written request from the association for a draw-down under |
29 | the line of credit. |
30 | The line of credit agreement shall be subject to prior review and approval by the |
31 | commissioner at the time of origination and any subsequent renewal. It shall include any |
32 | commercially reasonable provisions the association or the commissioner may deem advisable, |
33 | including a provision that the line of credit is irrevocable or for a stated period of time and provides |
34 | for thirty-day (30) notice to the association and the commissioner that the line is being terminated |
| LC001767 - Page 14 of 25 |
1 | or not renewed. |
2 | (iii) If a line of credit is not given as provided for in this section, the member insurer shall |
3 | be responsible for the payment of an assessment of up to the member’s proportionate share of the |
4 | applicable maximum as set forth in this subsection which shall be paid into a pre-insolvency |
5 | assessment fund in each account; |
6 | (10) Submit, not later than ninety (90) days after the end of the association’s fiscal year, a |
7 | financial report for the preceding fiscal year in a form approved by the commissioner. |
8 | (b) The association may: |
9 | (1) Employ or retain persons as are necessary to handle claims and perform other duties of |
10 | the association; |
11 | (2) Borrow funds necessary to effect the purposes of this chapter in accordance with the |
12 | plan of operation; |
13 | (3) Sue or be sued; |
14 | (4) Negotiate and become a party to any contracts necessary to carry out the purpose of |
15 | this chapter; |
16 | (5) Perform any other acts necessary or proper to effectuate the purpose of this chapter; |
17 | and |
18 | (6) Refund to the member insurers in proportion to the contribution of each member insurer |
19 | to that account that amount by which the assets of the account exceed the liabilities, if, at the end |
20 | of any calendar year, the board of directors finds that the assets of the association in any account |
21 | exceed the liabilities of that account as estimated by the board of directors for the coming year. |
22 | (c) Suits involving the association: |
23 | (1) Except for actions by the receiver, all actions relating to or arising out of this chapter |
24 | against the association shall be brought in the courts in this state. The courts shall have exclusive |
25 | jurisdiction over all actions relating to or arising out of this chapter against the association. |
26 | (2) The exclusive venue in any action by or against the association is in the Providence |
27 | county superior court. The association may, at its option, waive this venue as to specific actions. |
28 | 27-34-11.5. Net worth exclusion. |
29 | (a) For purposes of this section, “high net worth insured” shall mean any insured, excluding |
30 | state and local governments, whose net worth exceeds fifty million dollars ($50,000,000) on |
31 | December 31 of the year prior to the year in which the insurer becomes an insolvent insurer; |
32 | provided that an insured’s net worth on that date shall be deemed to include the aggregate net worth |
33 | of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis. |
34 | (b)(1) The association shall not be obligated to pay any first-party claims by a high net |
| LC001767 - Page 15 of 25 |
1 | worth insured. |
2 | (2) The association shall have the right to recover from the high net worth insured all |
3 | amounts paid by the association to or on behalf of such insured, whether for indemnity, defense, or |
4 | otherwise. |
5 | (3) The association may also, at its sole discretion and without assumption of any ongoing |
6 | duty to do so, pay any cybersecurity insurance obligations covered by a policy or endorsement of |
7 | an insolvent company on behalf of a high net worth insured as defined in subsection (a) of this |
8 | section. In that case, the association shall recover from the high net worth insured under this section |
9 | all amounts paid on its behalf, all allocated claim adjusted expenses related to such claims, the |
10 | association’s attorneys’ fees, and all court costs in any action necessary to collect the full amount |
11 | to the association’s reimbursement under this section. |
12 | (c) The association shall not be obligated to pay any claim that would otherwise be a |
13 | covered claim that is an obligation to or on behalf of a person who has a net worth greater than that |
14 | allowed by the insurance guaranty association law of the state of residence of the claimant at the |
15 | time specified by that state’s applicable law, and which association has denied coverage to that |
16 | claimant on that basis. |
17 | (d) The association shall establish reasonable procedures subject to the approval of the |
18 | commissioner for requesting financial information from insureds on a confidential basis for |
19 | purposes of applying this section, provided that the financial information may be shared with any |
20 | other association similar to the association and the liquidator for the insolvent insurer on the same |
21 | confidential basis. Any request to an insured seeking financial information must advise the insured |
22 | of the consequences of failing to provide the financial information. If an insured refuses to provide |
23 | the requested financial information where it is requested and available, the association may, until |
24 | such time as the information is provided, provisionally deem the insured to be a high net worth |
25 | insured for the purpose of denying a claim under subsection (b). |
26 | (e) In any lawsuit contesting the applicability of this section where the insured has refused |
27 | to provide financial information under the procedure established pursuant to subsection (d), the |
28 | insured shall bear the burden of proof concerning its net worth at the relevant time. If the insured |
29 | fails to prove that its net worth at the relevant time was less than the applicable amount, the court |
30 | shall award the association its full costs, expenses, and reasonable attorney’s fees in contesting the |
31 | claim. |
32 | SECTION 3. Chapter 27-17 of the General Laws entitled "Reciprocal Exchanges and |
33 | Interinsurers" is hereby repealed in its entirety. |
34 | CHAPTER 27-17 |
| LC001767 - Page 16 of 25 |
1 | Reciprocal Exchanges and Interinsurers |
2 | 27-17-1. Admission of foreign exchanges and interinsurers. |
3 | Any reciprocal exchange or interinsurer formed and doing business under the laws of any |
4 | state of the United States, other than the state of Rhode Island, for the purpose of transacting any |
5 | or all of the kinds of insurance which an insurance company may be authorized to transact in this |
6 | state, other than life or title insurance, may be permitted to transact that business in this state upon |
7 | complying with the provisions of this chapter. |
8 | 27-17-2. Power of subscribers to exchange reciprocal and interinsurance contracts. |
9 | (a) Individuals, partnerships, trustees, and all corporations of this state, designated |
10 | throughout this chapter as “subscribers”, are authorized to exchange reciprocal or interinsurance |
11 | contracts with each other and with individuals, partnerships, trustees, and corporations of other |
12 | states. |
13 | (b) The right of a corporation to exchange those contracts is declared to be incidental to the |
14 | purpose for which the corporation is organized and as much granted as the rights and powers |
15 | expressly conferred. Whenever a trustee acting in a representative capacity insures property held |
16 | in trust at a reciprocal exchange, the trustee may assume the liability and be entitled to the rights of |
17 | a subscriber, but in doing this shall not personally or individually be liable under the power of |
18 | attorney executed on behalf of the trust. |
19 | (c) The contracts and the exchange of contracts and the subscribers, their attorneys in fact, |
20 | and representatives, shall be regulated by this chapter and by no other statute of this state relating |
21 | to insurance, except as otherwise specifically provided in this chapter. |
22 | 27-17-3. Execution by attorney — Office in state. |
23 | The contracts shall be executed by an attorney in fact, designated in this chapter as |
24 | “attorney”, duly authorized and acting for the subscribers, and the attorney may be a foreign |
25 | corporation. An office or offices of the attorney, referred to in this chapter as a reciprocal exchange |
26 | or interinsurer, acting for subscribers in issuing contracts or policies insuring property or interests |
27 | in this state, shall be maintained in this state. |
28 | 27-17-4. Declaration filed by attorney — Requirements for admission. |
29 | The attorney shall file with the insurance commissioner, referred to in this chapter as the |
30 | “commissioner”, a declaration verified by the oath of the attorney, or when the attorney is a |
31 | corporation, by the oath of its president or oaths of its treasurer and secretary setting forth: |
32 | (1) The name of the attorney and the name or designation of the exchange under which the |
33 | contracts are to be issued, which name or designation shall not be so similar to any other name or |
34 | designation previously adopted by an attorney or by any insurance organization in this state so as |
| LC001767 - Page 17 of 25 |
1 | to confuse or mislead; |
2 | (2) The kind or kinds of insurance to be effected or exchanged; |
3 | (3) A copy of the form of policy contract or agreement under or by which the insurance is |
4 | to be effected or exchanged and forms of application for that insurance; |
5 | (4) A certified copy of the power of attorney or other authorization of the attorney under |
6 | or by which the attorney is to effect or exchange the insurance contracts; |
7 | (5) The location of the office or offices from which the contracts or agreements are to be |
8 | issued; |
9 | (6)(i) That, except as to the kinds of insurance specifically mentioned in this subdivision, |
10 | applications have been made for insurance upon at least one hundred (100) separate risks, the |
11 | liability to the exchange for premiums due on the risks shall aggregate not less than six hundred |
12 | thousand dollars ($600,000), represented by executed contracts or bona fide applications to become |
13 | concurrently effective, or, in lieu of this amount, the exchange or interinsurer is possessed of a |
14 | surplus of not less than three hundred thousand dollars ($300,000). The minimum amount of |
15 | surplus established as a requirement for the writing of other lines of insurance as specified in this |
16 | section shall be in addition to that required by the provisions of this subdivision; |
17 | (ii) In the case of employers’ liability or workers’ compensation insurance, applications |
18 | shall have been made for indemnity upon at least one hundred (100) separate risks having a total |
19 | annual premium of not less than two million five hundred thousand dollars ($2,500,000), as |
20 | represented by executed contracts or bona fide applications to become concurrently effective, or, |
21 | in lieu of this amount, the exchange or interinsurer is possessed of a surplus of not less than one |
22 | hundred thousand dollars ($100,000); |
23 | (iii) In the case of automobile insurance, applications shall have been made for insurance |
24 | for at least two hundred (200) separate risks, or for insurance the premiums due the exchange on |
25 | the risks shall aggregate not less than two hundred thousand dollars ($200,000) represented by |
26 | executed contracts or bona fide applications to become concurrently effective on any or all classes |
27 | of automobile insurance effected by the subscribers through the attorney, or, in lieu of this amount, |
28 | the exchange or interinsurer is possessed of a surplus of not less than one hundred thousand dollars |
29 | ($100,000); |
30 | (iv) The surplus as provided in this subdivision shall not be acceptable unless invested in |
31 | securities of the United States of America, the state of Rhode Island, or any other state of the United |
32 | States or political subdivision of the state; |
33 | (7) That there shall be maintained at the exchange, available for the payment of losses, |
34 | assets conforming to the requirements of §§ 27-17-7 — 27-17-12; |
| LC001767 - Page 18 of 25 |
1 | (8) A financial statement under oath in the form prescribed by the commissioner; |
2 | (9) An instrument authorizing the service of process as provided for in this chapter; and |
3 | (10) A certificate from the proper official of the state where the principal office is |
4 | maintained, that the subscribers and the attorney have complied with all provisions of law and are |
5 | authorized in that state to transact the classes of business which are sought to be transacted in this |
6 | state. |
7 | 27-17-5. Service of process. |
8 | Concurrently with the filing of the declaration provided for by the terms of § 27-17-4, the |
9 | attorney shall file with the commissioner an instrument in writing duly executed by the attorney for |
10 | the subscribers, conditioned that upon the issuance of the certificate of authority provided for in § |
11 | 27-17-6, an action may be brought in any county in which the cause of action arises or where the |
12 | claimant resides, and service of process may be had upon the commissioner in all suits in this state |
13 | arising out of any policies, contracts, or agreements issued, which service shall be valid and binding |
14 | upon all subscribers exchanging at any time reciprocal or interinsurance contracts through the |
15 | attorney. Three (3) copies of the process shall be served, and the commissioner shall file one copy |
16 | in his or her office, forward one copy to the attorney, and return one copy with his or her admission |
17 | of service. Service of process may also be had upon all subscribers by serving the attorney at the |
18 | office. Service of process shall not be had upon subscribers or any of them in any suit or proceeding |
19 | in this state, except in the manner provided in this section, and any suit or other proceeding may be |
20 | begun and prosecuted or defended by them under the name or designation adopted by them. A |
21 | service fee of five dollars ($5.00) shall accompany each service and be paid to the commissioner. |
22 | 27-17-6. Certificate of authority to do business. |
23 | If it shall appear upon examination by the commissioner that an exchange or interinsurer |
24 | has complied with all of the requirements of this chapter and that the persons holding positions of |
25 | executive and managerial authority are of good repute and will conduct the affairs of the exchange |
26 | with safety to the public and its policyholders, the commissioner shall issue a certificate stating that |
27 | the exchange or interinsurer has complied with all of the requirements of this chapter which shall |
28 | authorize the exchange or interinsurer to transact the kind of business specifically provided in the |
29 | certificate. The certificate shall expire on the first day of April of the following year, and shall be |
30 | renewed every year as of the first day of April of that year. The commissioner may, after a hearing, |
31 | revoke or suspend any certificate of authority issued pursuant to this section, in the case of violation |
32 | of any of the provisions of this chapter, after reasonable notice of the hearing has been given to the |
33 | attorney in fact in writing, which notice shall be sufficiently adequate to allow the attorney in fact |
34 | to appear and show cause why the action should not be taken. |
| LC001767 - Page 19 of 25 |
1 | 27-17-7. Reinsurance reserve. |
2 | There shall be maintained at all times by the exchange a reinsurance reserve in cash or |
3 | securities authorized by the laws of the state in which the principal office of the attorney is located |
4 | for the investment of similar funds of insurance companies doing the same kind of business, in an |
5 | amount equal to fifty percent (50%) of the net annual premium deposits collected and credited to |
6 | the accounts of subscribers on policies having one year or less to run and pro rata on those for |
7 | longer periods or, in lieu of this amount, one hundred percent (100%) of the net unearned premium |
8 | deposits collected and credited to the accounts of subscribers calculated separately for each policy |
9 | in force as of any given date. |
10 | 27-17-8. “Net premium deposits” defined. |
11 | “Net premium deposits,” as used in this chapter, mean the premium deposits made by |
12 | subscribers after deduction from them of the amount paid as return premiums upon cancelled |
13 | contracts and reinsurance in companies or associations licensed to do business in this state. |
14 | 27-17-9. Contingent reserve. |
15 | In addition to the reserves provided for in §§ 27-17-7 and 27-17-10, there shall also be |
16 | maintained at all times by the exchange, as assets, a contingent reserve in cash or securities as stated |
17 | in § 27-17-7 of not less than the amount of minimum capital required of a stock insurance company |
18 | incorporated under the law of any other state of the United States to do the kind or kinds of |
19 | insurance which the exchange is authorized to write under § 27-17-1. |
20 | 27-17-10. Claim or loss reserve. |
21 | There shall also be maintained at all times in the hands of the attorney, as a claim or loss |
22 | reserve, in cash or securities as stated in § 27-17-7, assets sufficient to discharge all liabilities on |
23 | all outstanding or accrued losses arising under policies issued, which are to be calculated in |
24 | accordance with the laws of this state relating to similar reserves for companies insuring similar |
25 | risks. |
26 | 27-17-11. Advance of funds for reserves — Maintenance. |
27 | If it appears that the amount of funds required in §§ 27-17-7 — 27-17-10 has not been |
28 | accumulated or maintained, then the subscribers, or the attorney for them, shall immediately |
29 | advance any sums needed to comply with the provisions of §§ 27-17-7 — 27-17-10 and the |
30 | advanced funds shall not be treated as a liability of the exchange, and the advances shall be repaid |
31 | only out of the surplus over and above the minimum required by §§ 27-17-7 — 27-17-10. If the |
32 | subscribers, or their attorneys for them, shall fail to advance sums necessary for the maintenance |
33 | of the minimum reserves and surplus within thirty (30) days after receipt of notice from the |
34 | commissioner, the commissioner may revoke its license to transact business in this state. |
| LC001767 - Page 20 of 25 |
1 | 27-17-12. Deficiencies in reserves. |
2 | If at any time the amounts on hand are less than the requirements specified in this chapter, |
3 | the subscribers, or their attorney for them, shall make up the deficiency. |
4 | 27-17-13. Certificate of deposit by foreign exchange or interinsurer. |
5 | A foreign reciprocal exchange or interinsurer shall, before being authorized to do business |
6 | in this state, furnish to the commissioner a certificate issued by a state treasurer or other state |
7 | financial officer of the state where its principal place of business is located, that there has been |
8 | deposited with him or her either in cash or securities the sum of one hundred thousand dollars |
9 | ($100,000) for the benefit of all policyholders. |
10 | 27-17-14. Cash premium deposit and contingent liability of subscriber. |
11 | The power of attorney under which any contracts of insurance are exchanged pursuant to |
12 | this chapter shall provide for a cash premium deposit and a contingent liability of the subscriber |
13 | during each annual period of the term of each contract of insurance issued to the subscriber to be |
14 | fixed in the power of attorney, but in an amount not less than one nor more than ten (10) times the |
15 | amount of the annual portion of the cash premium deposit stated in the contract, except that |
16 | exchanges which have a required surplus equal to three hundred fifty thousand dollars ($350,000) |
17 | or to the minimum capital, if any, required of a stock insurance company transacting the same kind |
18 | or kinds of business, whichever is greater, may issue policies without contingent liability; provided, |
19 | that the exchange which shall have issued policies without contingent liability after the acquisition |
20 | of the surplus may continue to do so only so long as it maintains a surplus in the amount required |
21 | by this section, and no exchange shall issue any non-assessable policies, except during a time as it |
22 | shall continue to maintain the surplus. |
23 | 27-17-15. Reports and examination of affairs of exchanges. |
24 | The attorney shall, within the time limited for filing the annual statement by insurance |
25 | companies transacting the same kind of business, make a report under oath to the commissioner for |
26 | each calendar year in any form the commissioner may prescribe, showing the financial condition |
27 | of the affairs at the office where the contracts are issued, and shall at any reasonable time furnish |
28 | any additional information and reports required by the commissioner. The records, affairs, and |
29 | financial condition of the exchange shall be subject to examination by the commissioner, and the |
30 | examination shall be at the expense of the office examined. The commissioner may, in lieu of the |
31 | examination provided for in this section, accept a certified copy of the report of examination made |
32 | by the insurance department of the state where the principal office is located. |
33 | 27-17-16. Penalty for doing business without compliance. |
34 | Any attorney who exchanges any contracts of insurance of the kind and character specified |
| LC001767 - Page 21 of 25 |
1 | in this chapter, or any attorney or representative of the attorney who solicits or negotiates any |
2 | applications for the attorney without the attorney first complying with the provisions of this chapter, |
3 | shall be deemed guilty of a misdemeanor, and upon conviction shall be subjected to a fine of not |
4 | less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). |
5 | 27-17-17. Permits to solicit powers of attorney and applications. |
6 | For the purposes of complying with the requirements of this chapter as set forth in § 27- |
7 | 17-4(6) and upon issuance of a permit by the commissioner and under any conditions as he or she |
8 | may impose, powers of attorney and applications for the insurance contracts may be solicited |
9 | without compliance with the provisions of this chapter, but no attorney or other person shall execute |
10 | or issue the contracts of insurance until all of the provisions of this chapter have been complied |
11 | with and a certificate of authority issued by the commissioner. |
12 | 27-17-18. Insertion of provisions in standard policies. |
13 | The attorney may insert in any form of policy prescribed by the laws of this state or adopted |
14 | by this state, any provisions or conditions required by the plan of reciprocal or interinsurance; |
15 | provided, that the provisions or conditions shall not be in conflict with the laws of this state. |
16 | 27-17-19. Fees and taxes. |
17 | The exchanges shall be subject to the same fees and taxes provided by the laws of this state, |
18 | now or after this enacted, applicable to insurance companies organized or admitted to do the same |
19 | kind or kinds of business under the laws of this state. |
20 | 27-17-20. Applicability of insurance producers’ laws. |
21 | The provisions of the general insurance laws of this state regarding the appointment, |
22 | licensing, qualification, and regulation of insurance producers shall not apply to an exchange or its |
23 | attorney, or to a traveling salaried employee, or to an executive officer or the attorney if a |
24 | corporation, but shall apply to any other person, partnership, or corporation representing the |
25 | reciprocal or interinsurance exchange in soliciting, negotiating, or effecting of business in this state. |
26 | 27-17-21. Applicability of rating laws. |
27 | The provisions of the laws of this state regulating the making and applying of insurance |
28 | rates and providing for the licensing of rating organizations as set forth in chapters 6 and 9 of this |
29 | title and §§ 27-2-13, 27-5-1 — 27-5-11 and 27-8-4 — 27-8-6 shall apply to reciprocal or |
30 | interinsurance contracts, but nothing contained in those sections shall be construed to prohibit the |
31 | return of savings or dividends to subscribers or policyholders. |
32 | 27-17-22. Maximum liability on policy. |
33 | No reciprocal exchange or interinsurer shall issue or deliver any policy insuring property |
34 | or interests in this state, the liability on which shall exceed an amount equivalent to ten percent |
| LC001767 - Page 22 of 25 |
1 | (10%) of its surplus, unless the excess of liability over the ten percent (10%) is reinsured in a |
2 | company which maintains financial standards at least equal to those required by the laws of this |
3 | state. |
4 | 27-17-23. Exchange of workers’ compensation insurance. |
5 | Employers are expressly authorized to exchange contracts of workers’ compensation |
6 | insurance, at any reciprocal exchange licensed in this state to do that kind of business, but all these |
7 | exchanges shall be subject to the provisions of the laws of this state relating to the business of |
8 | workers’ compensation insurance. |
9 | 27-17-24. Retaliatory laws. |
10 | The retaliatory laws of this state shall be applicable to reciprocal or interinsurance |
11 | exchanges. |
12 | 27-17-25. Hearings on rules and decisions of commissioner. |
13 | Any party in interest aggrieved by any order or decision of the commissioner or by any |
14 | rule or regulation adopted and promulgated by the commissioner may, within thirty (30) days after |
15 | notice of it to other known parties in interest, make written request to the commissioner for a |
16 | hearing. Within twenty (20) days after receipt of the written request, the commissioner shall hear |
17 | the party or parties and shall give not less than ten (10) days’ written notice of the time and place |
18 | of the hearing. Within fifteen (15) days after the hearing, the commissioner shall affirm, reverse, |
19 | or modify his or her previous action, specifying his or her reasons for the action. Pending the |
20 | hearing and decision on the hearing, the commissioner may suspend or postpone the effective date |
21 | of his or her previous action. At any hearing before the commissioner, observance of formal rules |
22 | of pleading or evidence shall not be required. |
23 | 27-17-26. Judicial review of orders and decisions of commissioner. |
24 | Any final order or decision of the commissioner shall be subject to review by petition filed |
25 | within twenty (20) days after notice of it at the instance of any party in interest in the superior court |
26 | for the counties of Providence and Bristol, and the matter shall be heard de novo in the superior |
27 | court and decisions on issues of fact shall be in accordance with the preponderance of the evidence |
28 | presented there. The court shall determine whether the order or decision of the commissioner shall |
29 | be stayed pending the review. The court may, in disposing of the issue before it, modify, affirm, or |
30 | reverse the order or decision of the commissioner in whole or in part. Appeal may be taken from |
31 | the decision of the superior court to the supreme court, and the appeal shall follow the course of |
32 | equity. |
33 | 27-17-27. Severability. |
34 | In the event any section, part, or provisions of this chapter is held to be illegal, that section, |
| LC001767 - Page 23 of 25 |
1 | part, or provision shall not affect any other section, part, or provision of the chapter, but the |
2 | remaining sections, parts, and provisions shall be and remain in full force and effect. |
3 | SECTION 4. This act shall take effect on January 1, 2026. |
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| LC001767 - Page 24 of 25 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE -- VOLUNTARY RESTRUCTURING OF SOLVENT | |
INSURERS | |
*** | |
1 | This act would make numerous technical corrections related to insurance, provides a |
2 | definition for "cybersecurity insurance", and would repeal the chapter relating to reciprocal |
3 | exchanges and interinsurers. |
4 | This act would take effect on January 1, 2026. |
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LC001767 | |
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| LC001767 - Page 25 of 25 |