# COMAR Title 31 — Maryland Insurance Administration

## Subtitle 15 — Unfair Trade Practices

### Chapter 13 — Notice of Premium Increase for Commercial Insurance

**Authority:** Insurance Article, §§2-109 and 27-608, Annotated Code of Maryland

**Administrative History:** Effective date: March 27, 2006 (33:6 Md. R. 580)

**Administrative History:** Chapter revised effective January 1, 2015 (41:21 Md. R. 1261)

#### Regulation .01 Scope.

*COMAR 31.15.13.01*

A. This chapter applies to:

  (1) Commercial insurance as defined in Insurance Article, §27-601(b), Annotated Code of Maryland; and

  (2) Workers’ compensation insurance for employers’ liability as set forth in Labor and Employment Article, Title 9, Annotated Code of Maryland.

B. This chapter does not apply to policies:

  (1) Issued to exempt commercial policyholders, as defined in Insurance Article, §11-206(j), Annotated Code of Maryland;

  (2) For which the renewal premium is:

    (a) In excess of $1,000; and

    (b) An increase over the expiring policy premium of the lesser of 3 percent or $300; or

  (3) Of surplus lines insurance procured from a nonadmitted insurer under Insurance Article, Title 3, Subtitle 3, Annotated Code of Maryland.

#### Regulation .02 Notice Requirement for Commercial Lines Policies.

*COMAR 31.15.13.02*

A. Exceptions.

  (1) The notice required by Insurance Article, §27-608, Annotated Code of Maryland, does not apply to an insurer that intends to increase a premium for a commercial lines policy if the insurer satisfies the Commissioner that it cannot reasonably comply with the notice requirement for any risk, category of risk, or line of business involved.

  (2) An insurer is deemed unable to reasonably comply with the notice required by Insurance Article, §27-608, Annotated Code of Maryland:

    (a) With respect to any portion of a premium increase that results from:

      (i) An increase in the units of exposure;

      (ii) Application of an experience rating plan;

      (iii) Application of a retrospective rating plan;

      (iv) A premium audit performed in accordance with the terms of the policy;

      (v) Any change made by the insured to the risk that increases insurer's exposure on the risk;

      (vi) A request made by the insured to change coverage under the policy; or

    (b) If the insurer:

      (i) Has given notice of its intent not to renew the policy;

      (ii) Is required to hold coverage in effect past the expiration date and into the renewal period, by operation of Insurance Article, §27-501(f), Annotated Code of Maryland; and

      (iii) Does not receive the hold-in-effect directive of the Commissioner far enough in advance of the renewal date to calculate the premium and provide the notice of premium increase at least 45 days before the effective date of the proposed premium increase.

B. Calculation of Amount of Premium Increase. In determining whether an insurer is required to provide a notice of increase in premium for a commercial lines policy under Insurance Article, §27-608, Annotated Code of Maryland, the insurer shall deduct from the total amount of the premium increase any portion of the premium increase that is exempted from the notice requirement under §A(2)(a) of this regulation.

C. Content of Notice.

  (1) For a commercial lines policy, an insurer shall include on a notice of premium increase required by Insurance Article, §27-608, Annotated Code of Maryland, the following:

    (a) The expiring policy premium and the renewal policy premium; and

    (b) The telephone number for the insurer or insurance producer, if any, together with a statement that the insured may call to request additional information about the premium increase.

  (2) Notwithstanding §C(1) of this regulation, the insurer shall provide a reasonable estimate of the premium increase or range of the premium increase based on the information available to the insurer at the time that the notice is sent if:

    (a) The insurer's rating methodology requires the insured to provide information to the insurer for the insurer to calculate the premium;

    (b) The insurer requests the information from the insured far enough in advance of the renewal date for:

      (i) The insured to provide the information to the insurer; and

      (ii) The insurer to calculate the premium and provide the notice of premium increase at least 45 days before the effective date of the proposed premium increase; and

    (c) The insured fails to provide the information to the insurer far enough in advance of the renewal date for the insurer to calculate the premium and provide the notice of premium increase at least 45 days before the effective date of the proposed premium increase.

#### Regulation .03 Request for Exception.

*COMAR 31.15.13.03*

A. For a situation not expressly exempted by Regulation .02A(2) of this chapter from the notice required by Insurance Article, §27-608, Annotated Code of Maryland, an insurer may apply for an exception to the notice requirement by submitting to the Commissioner at least 60 days before the date the notice is required to be sent:

  (1) A written request for an exception to the notice requirement;

  (2) A written explanation of why the insurer cannot reasonably comply with the notice requirement for any risk, category of risk, or line of business involved; and

  (3) Any information that supports the insurer's contention that it cannot reasonably comply with the notice requirement.

B. On receipt of a request for an exception to the notice requirement, the Commissioner shall:

  (1) Review the request for an exception to the notice requirement, the explanation of why the insurer cannot reasonably comply with the notice requirement, and any information accompanying the request; and

  (2) Determine whether the insurer can reasonably comply with the notice requirement for any risk, category of risk, or line of business involved.

C. If the Commissioner determines that an insurer cannot reasonably comply with the notice requirement for any risk, category of risk, or line of business involved, the Commissioner shall:

  (1) Grant the insurer's request for an exception to the notice requirement; and

  (2) Send to the insurer a notice that:

    (a) States that the insurer's request for an exception to the notice requirement has been granted;

    (b) Identifies the risk, category of risk, or line of business to which the exception applies; and

    (c) States the duration of the exception to the notice requirement.

D. If the Commissioner determines that an insurer can reasonably comply with the notice requirement, the Commissioner shall:

  (1) Deny the insurer's request for an exception to the notice requirement; and

  (2) Send to the insurer a notice that states that the insurer's request for an exception to the notice requirement has been denied.