Chapter 09. Registry and Report on Slavery Era Insurance
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter sets forth standards for reporting slavery era insurance information pursuant Insurance Article, Title 30, Annotated Code of Maryland.
B.
This chapter requires insurers to provide information and data regarding slavery era insurance to the Maryland Insurance Administration.
C.
This chapter specifies how the Administration will distribute to the public the information provided pursuant to §B of this regulation.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Commissioner” means the Maryland Insurance Commissioner.
(2)
“Holding company system” includes:
(a)
An insurer that is a member of the holding company system; and
(b)
Any other member, subsidiary, or division of the holding company system, in each case regardless of whether it is a licensee.
(3)
“Insurer” has the meaning stated in Insurance Article, §1-101, Annotated Code of Maryland.
(4)
“Predecessor insurer” means an insurer associated with the reporting insurer that existed prior in time to the reporting insurer.
(5)
“Reporting insurer” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.
(6)
“Slave” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.
(7)
“Slaveholder” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.
(8)
“Slaveholder insurance policies” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.
(9)
“Slavery era” has the meaning stated in Insurance Article, §30-101, Annotated Code of Maryland.
Regulation .03 Reporting Insurers.LinkCopy Citation
A.
An insurer authorized to do business in the State shall file a report to the Commissioner regarding slaveholder insurance policies that it wrote either directly or through a predecessor insurer during the slavery era.
B.
If an insurer is a member of a holding company system, a consolidated report may be filed by one insurer in the holding company on behalf of all members of the same holding company that are required to file a report.
C.
A consolidated report allowed pursuant to §B of this regulation shall designate one insurer as the reporting insurer for purposes of compliance with this chapter and shall specify which insurers are included in the report.
D.
Insurers choosing to file a consolidated report pursuant to §§B and C of this regulation shall comply with all other requirements of this chapter.
Regulation .04 Report Format and Content.LinkCopy Citation
A.
The report required by Regulation .03A of this chapter shall be filed on letterhead of the insurer, dated, and certified and affirmed under oath by the chief executive officer, or comparable officer, of the insurer as:
(1)
Being true and not misleading; and
(2)
Containing the most accurate information available at the time of the submission of the report.
B.
The report required by Regulation .03A of this chapter shall include the following:
(1)
A paragraph identifying the insurer, stating the insurer's:
(a)
Name;
(b)
Address;
(c)
Telephone number;
(d)
Fax number;
(e)
E-mail address; and
(f)
NAIC number and website URL, if any, for the main office of the insurer making the report;
(2)
A contact person with the insurer, including the contact person's:
(a)
Title;
(b)
Address;
(c)
Telephone number;
(d)
Fax number; and
(e)
E-mail address;
(3)
The research methodology used in generating and preparing the report, including:
(a)
A description of the methods employed by the insurer to identify and compile the records and information that are responsive to this chapter; and
(b)
A description of the research which was conducted at the insurer's own facility as well as a description of research which was conducted at other facilities known to the insurer;
(4)
If the insurer has found no responsive data, it shall so state;
(5)
The names of slaves, in alphabetical order, in the following order:
(a)
Last name;
(b)
First name;
(c)
The name of the slaveholder, beneficiary, policyholder, or all of them;
(d)
The county or parish in which the slave resided;
(e)
The state in which the slave resided; and
(f)
Any other identifying information;
(6)
The names of slaveholders, in alphabetical order, in the following order:
(a)
Last name;
(b)
First name;
(c)
The county or parish in which the slaveholder resided;
(d)
The state in which the slaveholder resided; and
(e)
Any other identifying information; and
(7)
The policy information, including:
(a)
Copies of all records and documents regarding insurance policies issued to slaveholders that provided coverage for injury to or death of slaves; and
(b)
Translations of any records or documents in any language other than English, along with a copy of the document together with a certified translation.
C.
An original plus one copy of the reports generated pursuant to §A of this regulation shall be filed on paper and mailed to the Maryland Insurance Administration, Slavery Era Insurance Registry, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202.
D.
The sections of the reports outlined in §B(4) and (5) of this regulation, shall also be submitted in the electronic format approved by the Commissioner.
Regulation .05 Submission.LinkCopy Citation
A.
Each insurer shall file the report required by Regulation .04 of this chapter with the Commissioner on or before October 1, 2011.
B.
If the Commissioner determines that a report is incomplete, the Commissioner may require additional reports, as necessary, consistent with the requirements of this chapter.
C.
An insurer that files a report indicating that it has information responsive to the relevant statute and this chapter, which has not been provided, shall inform the Commissioner as to the reason that the required information has not been provided and when the required information will be filed.
Regulation .06 Availability of the Slavery Era Insurance Policy Registry and Report.LinkCopy Citation
A.
The report generated by the Commissioner pursuant to Insurance Article, Title 30, Annotated Code of Maryland, and this chapter, shall be known as the Slavery Era Insurance Policy Registry and Report.
B.
The Commissioner shall provide the Slavery Era Insurance Policy Registry and Report to the Governor and General Assembly on or before April 1, 2012.
C.
The Commissioner shall make available to the public a copy of the Slavery Era Insurance Policy Registry and Report on the Maryland Insurance Administration's website.
D.
The Slavery Era Insurance Policy Registry and Report shall be accessible to the public at the Thurgood Marshall Law Library at the University Of Maryland School Of Law and any other means that the Commissioner considers appropriate.
Regulation .07 Enforcement.LinkCopy Citation
The Commissioner may impose on an insurer any penalty, sanction, or other form of legal enforcement which the Commissioner has the authority to impose for failure to comply with the provisions of this chapter.
Chapter annotations
Authority: Insurance Article, §§2-109(a)(1) and 30-102(c), Annotated Code of Maryland
History: Effective date: December 28, 2009 (36:26 Md. R. 1999)