(1) An insurer filing a credit life or a credit accident and health form shall comply with:
- (a) Title 31A, Chapter 21, Insurance Contracts in General;
- (b) Title 31A, Chapter 22, Part 4, Life Insurance and Annuities;
- (c) Title 31A, Chapter 22, Part 5, Group Life Insurance;
- (d) Title 31A, Chapter 22, Part 6, Accident and Health Insurance;
- (e) Title 31A, Chapter 22, Part 7, Group Accident and Health Insurance;
- (f) Title 31A, Chapter 22, Part 8, Credit Life and Accident and Health;
- (g) Rule R590-91;
(h) Rule R590-191; and
- (i) Rule R590-192.
(2)(a) A credit life or credit accident and health insurance policy, rider, or endorsement affecting a benefit shall be accompanied by a rate filing.
- (b) A rate filing is not required if the form filing does not impact the rate, however the filing description shall explain the reason there is not a change in the rate.
(3) Actuarial Memorandum.
- (a) An actuarial memorandum shall be included in a credit life and credit accident and health insurance rate filing.
- (b) An actuarial memorandum shall demonstrate compliance with Section 31A-22-807.
(c) An actuarial memorandum shall include a description of the following:
- (i) type of coverage, such as gross or net, level or decreasing, single or joint life, full term or truncated, or critical period;
- (ii) type of loan to be insured, such as open end or closed end;
- (iii) type of premium charge, such as single premium, monthly outstanding balance, or another method explained in detail;
- (iv) duration of loan and duration of coverage;
(v) rates per unit, ratings, and premium methodologies, including;
- (A) formulas used for each type of coverage and premium method; and
- (B) sample calculations for each type of coverage and premium method;
- (vi) refund method and calculation, including formulas for each type of coverage; and
- (vii) reserve bases, including methods used.
(d)(i) An actuarial memorandum shall include certification of compliance with Section 31A-22-807 by a qualified actuary.
- (ii) The certification shall confirm that the formulas and methods used produce rates that are compliant for each type of coverage and duration in the filing.
(4) Rate Schedules.
(a) A rate schedule shall be included for:
- (i) each type of coverage; and
- (ii) representative durations.
(b) Rates shall be identified as:
- (i) prima facie rates;
- (ii) deviated rates submitted pursuant to Section 31A-22-807; or
- (iii) rates on nonstandard coverage pursuant to Subsection R590-91-6(1).
(5)(a) Each benefit shall be reasonable in relation to the premium charge.
(b) An insurer filing for approval of a rate higher than a prima facie rate shall comply with:
- (i) Section 31A-22-807; and
- (ii) Section R590-91-11.
- (c) A demonstration that the rate is reasonable in relation to the benefit shall be included in the filing.
KEY: credit insurance filings
Date of Last Change: October 16, 2023
Notice of Continuation: March 7, 2024
Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-2-201.1; 31A-2-202