02-031 C.M.R. ch. 900
02 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
031 BUREAU OF INSURANCE
Chapter 900: LARGE COMMERCIAL RISKS
Section 1. Authority Section 2. Purpose Section 3. Scope Section 4. Definitions Section 5. Severability Section 6. Standards Section 7. Self-certification Section 8. Disclosure Section 9. Effective Date
This Rule is promulgated by the Superintendent of Insurance pursuant to Title 24-A M.R.S.A. Sections 212 and 1450(3).
The purpose of this Rule is to establish standards for determining when an insured is a “large commercial insurance risk” within the meaning of 24-A M.R.S.A. Section 1450(3), which authorizes producers to receive a fee in lieu of or in combination with commission for the sale of certain property and casualty insurance transactions.
The Rule applies to property and casualty insurance policies on subjects of insurance resident, located or expressly to be performed in this State.
If any provision of this Rule, or its application to any person or circumstance, is held invalid, such determination shall not affect other provisions or application of this Rule which can be given effect without the invalid provision or application.
For the purpose of this Rule, the following terms have the following meanings:
A. "Commercial Insurance" means commercial property and casualty insurance.
B. "Producer" means a person or agency licensed under Title 24-A M.R.S.A. Chapter 16, or otherwise acting, as a property and casualty insurance producer. "Producer" includes resident and nonresident licensees.
C. "Insurer" means any company, association, organization, partnership, syndicate, business trust, corporation or legal entity engaged as an indemnitor or surety, holding a certificate of authority issued by the Superintendent or authorized as an eligible surplus lines insurer by the Superintendent.
D. "Superintendent" means the Superintendent of the Maine Bureau of Insurance.
A large commercial risk is defined as one whose aggregate annual premiums for commercial property and casualty insurance sold by a producer totals $150,000 or more.
Prior to receiving a fee in lieu of or in combination with commission for the sale of large commercial property and casualty insurance policies as defined in sub-§ 6, the insurance producer must obtain from the insured a written notarized certification of compliance with the standard identified in Subsection 6. A record of each certification must be maintained by the producer for a minimum of six years following the termination of the insurance policy. A copy of the certification must be provided to the insurer by the producer. Certification must be obtained upon each policy renewal stating that it meets the standards identified in sub-§ 6.
Prior to receiving a fee in lieu of or in combination with commission for the sale of property and casualty insurance policies, the insurance producer must disclose in
writing to the insured that the fee is not a part of the premium charge for the insurance policies, and that the fee will not be a part of any calculation of unearned premium owed by the insurer in the event of policy cancellation. In the event that a fee is charged in combination with commission, the amount of the fee and commission must be disclosed separately in writing by the producer to the insured.
The effective date of this Rule is September 18, 1998.
STATUTORY AUTHORITY: 24-A MRSA §1450(3)
EFFECTIVE DATE: September 18, 1998