Chapter 13. Application of a Percentage Deductible in the Case of a Hurricane
Regulation .01 Purpose.LinkCopy Citation
The purpose of this chapter is to implement Insurance Article, §§19-209 and 19-209.1, Annotated Code of Maryland.
Regulation .02 Applicability.LinkCopy Citation
A.
This chapter applies to all property and casualty insurers authorized to write homeowner’s insurance policies in Maryland.
B.
This chapter applies to any policy of homeowner’s insurance that provides a percentage deductible.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Delivery by electronic means” includes:
(a)
Delivery to an electronic mail address at which a party has consented to receive notice; and
(b)
Posting on an electronic network, together with separate notice to a party directed to the electronic mail address at which the party has consented to receive notice of the posting.
(2)
Homeowner’s Insurance.
(a)
“Homeowner’s insurance” means insurance for residential property that provides one or more of the following coverages:
(i)
Fire;
(ii)
Extended coverage;
(iii)
Vandalism and malicious mischief;
(iv)
Burglary;
(v)
Theft; or
(vi)
Personal liability.
(b)
“Homeowner’s insurance” does not include:
(i)
An umbrella policy; or
(ii)
Property insurance or casualty insurance issued to an individual, a sole proprietor, partnership, corporation, limited liability company, or similar entity and intended to insure against loss arising from the business pursuits of the insured entity.
(3)
“Hurricane warning” means a warning by the National Hurricane Center of the National Weather Service that hurricane conditions are expected in any part of the State.
(4)
“National Hurricane Center of the National Weather Service” includes:
(a)
The National Hurricane Center in Miami, Florida; and
(b)
A regional National Weather Service Forecast Office covering any part of the State.
(5)
“Percentage deductible” means a deductible equal to a percentage of the Coverage A — Dwelling Limit of a homeowner’s insurance policy.
(6)
Residential Property.
(a)
“Residential property” means property that is used primarily as a residence.
(b)
“Residential property” includes:
(i)
A residence written on a personal farmowner’s policy form;
(ii)
A condominium unit;
(iii)
A mobile home; and
(iv)
A multiunit building if one of the units is occupied by the owner of the building and not more than three units are occupied by tenants.
(c)
“Residential property” does not include a boat.
(7)
“Underwriting standards” means:
(a)
Underwriting manuals, including any amendments or supplements to underwriting manuals; and
(b)
The generally accepted practices of an insurer contained in written underwriting instructions, guidelines, and rules that the insurer provides for use by its underwriters and insurance producers as standards for acceptance of risk.
Regulation .04 Underwriting Standard.LinkCopy Citation
A.
An insurer may not adopt or amend an underwriting standard that requires a hurricane percentage deductible that exceeds 5 percent unless the insurer has filed the underwriting standard or the amendment to the underwriting standard with the Commissioner.
B.
If an insurer withdraws an underwriting standard that requires a percentage deductible that exceeds 5 percent, the insurer shall notify the Commissioner in writing within 10 days of the withdrawal.
C.
An insurer that makes a filing under §A of this regulation shall include the following information in the filing:
(1)
The insurer’s NAIC number;
(2)
A copy of the underwriting standard the insurer proposes to adopt, the amendment to an underwriting standard currently in use, or notice of withdrawal of an underwriting standard currently in use;
(3)
The date on which the insurer intends to adopt, amend, or withdraw the underwriting standard;
(4)
All of the data on which the insurer relied in developing the proposed underwriting standard, amendment to the underwriting standard, or withdrawal of the underwriting standard;
(5)
A copy of each page in the insurer’s rating manual that relates to the underwriting standard;
(6)
A copy of any underwriting standard with a percentage deductible currently in use by the insurer for homeowner’s insurance, including any SERFF tracking number associated with the underwriting standard, or a statement that the insurer does not currently have an underwriting standard with a percentage deductible for homeowner’s insurance; and
(7)
Any other information the Commissioner considers necessary.
Chapter annotations
Authority: Insurance Article, §§2-109, 19-209, and 19-209.1, Annotated Code of Maryland
History: Effective date: June 23, 2014 (41:12 Md. R. 669)
History: Chapter revised effective April 10, 2017 (44:7 Md. R. 357)