# COMAR Title 31 — Maryland Insurance Administration

## Subtitle 04 — Insurers

### Chapter 16 — Filing of Underwriting Standards

**Authority:** Insurance Article, §§2-109 and 27-501, Annotated Code of Maryland

**Administrative History:** Effective date: October 16, 1962

**Administrative History:** Amended effective May 1, 1968

**Administrative History:** Chapter, Insured Paying Less Than Premium Due Under the Contract, repealed effective March 6, 1989 (16:4 Md. R. 496)

**Administrative History:** Regulations .01—.05, Filing of Underwriting Standards, adopted effective

**Administrative History:** February 18, 1991 (18:3 Md. R. 304)

**Administrative History:** Chapter recodified from COMAR 09.30.30 to COMAR 31.04.16 effective September 7, 1998 (25:18 Md. R. 1439)

**Administrative History:** Regulation .02 amended effective January 15, 2007 (34:1 Md. R. 33)

#### Regulation .01 Applicability.

*COMAR 31.04.16.01*

This chapter applies to every insurer authorized to issue insurance policies which provide health, life, disability, property, or casualty coverage in this State and to insurers applying to engage in these kinds of insurance businesses in this State.

#### Regulation .02 Definition.

*COMAR 31.04.16.02*

“Underwriting standards” means underwriting manuals, including any amendments or supplements to underwriting manuals, and those generally accepted practices of the insurer contained in written underwriting instructions, guidelines, and rules furnished by the insurer for use by its underwriters and insurance producers as standards for acceptance of risks.

#### Regulation .03 Filing Underwriting Standards.

*COMAR 31.04.16.03*

A. The Commissioner may require an insurer to file its underwriting standards, or any portion of its underwriting standards pertaining to specific subjects.

B. The insurer shall provide the Commissioner with the information requested within 30 days after receipt of the Commissioner's request.

#### Regulation .04 Confidentiality.

*COMAR 31.04.16.04*

When responding to the Commissioner, an insurer may request a finding that all or certain portions of its underwriting standards shall be considered confidential commercial information under State Government Article, §10-617(d), Annotated Code of Maryland. An insurer making this request shall state the reasons for considering the material confidential commercial information. The information furnished shall be regarded as confidential until the Commissioner rules otherwise.

#### Regulation .05 Record Retention.

*COMAR 31.04.16.05*

An insurer shall retain for a period of at least 3 years all records pertaining to the establishment, implementation, and enforcement of its underwriting standards.