TITLE 50: INSURANCE
CHAPTER I: DEPARTMENT OF INSURANCE
SUBCHAPTER i: ADVISORY ORGANIZATIONS
PART 754 RULES AND RATE FILINGS
SECTION 754.10 COMPANIES MUST FILE


 

Section 754.10  Companies Must File

 

a)         All companies are subject to this filing requirement which write any of the following kinds of insurance:

 

1)         Motor Vehicle as used here includes only Private Passenger Automobiles, Taxicabs, and Motorcycles;

 

2)         Homeowners including Mobile Homeowners;

 

3)         Dwelling Fire and Allied Lines;

 

4)         Liquor Liability.

 

b)         The following must be filed:

 

1)         All Companies – All underwriting rule manuals which contain rules for applying rates or rating plans, plans for reporting statistics to statistical agencies, classifications, or other such schedules used in writing the kinds of insurance in Section 754.10 (a)(1)-(a)(4) above; and

 

2)         All Companies – All rates applied to the writing of the kinds of insurance in Sections 754.10 (a)(1)-(a)(4) above.

 

3)         All Advisory Organizations – All underwriting rule manuals which contain rules for applying rates or rating plans, plans for reporting statistics to statistical agencies, classifications, or other such schedules used in writing the kinds of insurance enumerated in Class 2, except paragraphs (a), (d), and (g), and Class 3 of Section 4 of the Code.

 

c)         Filing requirement Section 754.10(b)(1) above can be met by:

 

1)         A company making a direct filing on its own behalf; or

 

2)         A company making a rule reference filing on its own behalf by utilizing its advisory organization's data relative to Section 754.10(b)(1); or

 

3)         A company authorizing the advisory organization, of which it is a member or subscriber, to make the filing on the company's behalf.

 

d)         All filings required under Section 754.10(b)(1) must be accompanied by duplicate copies of a rule submission letter which includes:

 

1)         The name of the advisory organization or company making the filing.

 

2)         Identification of the rule with the manual or kind of insurance to which it applies.

 

3)         Notification as to whether the filing is new or supersedes a present filing.  Identification of all changes in all superseding filings, as well as identification of all superseded filings is required.

 

4)         The effective date of use.

 

e)         Companies under the same ownership or general management are required to make separate individual filings in Section 754.10(b)(1).  Company Group filings are unacceptable.

 

f)          Filing requirement Section 754.10(b)(2) can be met by:

 

1)         A company making a direct filing on its own behalf; and

 

2)         A company filing a Form RF-3 (see Exhibit A attached to this Part) which provides information on changes in rate level based on the distribution of business with respect to the kinds of insurance to which the rate revision applies.  If the rate filing is not a change in rate level, no RF-3 Form is required.

 

3)         A company filing Form RF-4 for private passenger automobile or Form RF-5 for homeowners insurance which provide premium comparisons based on the company's current rate levels for the specified risks.

 

4)         Forms RF-4 and RF-5 must be submitted in duplicate, as described in Exhibits A & B attached to this rule.

 

5)         Any variation in coverage or amounts of insurance should be indicated on Forms RF-4 and RF-5.

 

6)         If a specified form of coverage is not available, please indicate "Not Written."

 

g)         All filing required under Section 754.10(b)(2) above must be accompanied by duplicate copies of a rate submission letter which includes:

 

1)         The name of the company making the filing.

 

2)         Identification of the kinds of insurance to which the filing applies.

 

3)         Notification of whether the filing is new or supersedes a present filing. Identification of all changes in superseding filings, as well as identification of all superseded filing is required.

 

4)         The effective date of use.

 

h)         A company making a filing under Section 754.10(b)(2) must maintain documentary data for rate changes in its files so that it will be available for review by the Department's Property and Casualty Evaluation Section.

 

i)          Companies under the same ownership or general management are required to make separate individual filings under Section 754.10(b)(2).  Company Group filings are unacceptable.

 

j)          A company making a rule reference filing under Section 754.10(c)(2) must file a Form RF-1, in duplicate.  (See Exhibit attached to 50 Ill. Adm. Code 753, Filing Policy and Endorsement Forms).  The RF-1 Form lists the kinds of business written, the corresponding advisory organization and the rules to which the reference is being made).

 

k)         A company making a filing under Section 754.10(c)(2) or Section 754.10(c)(3) which wants to vary from advisory organization rules must file:

 

1)         Manual size exception pages in duplicate.

 

2)         The manual rule number, which must be the same as the rule number being replaced.

 

3)         The effective date of use.

 

l)          A company making a filing under Section 754.10(c)(2) or (c)(3) above which wants an effective date different from that of the advisory organization's advisory effective date must file:

 

1)         Manual size exception pages in duplicate establishing an automatic uniform delayed effective date applicable to all future advisory organization rule revisions, or

 

2)         Copies of the Advisory Organization Checking Slip, in duplicate, establishing a special effective date for a particular advisory organization rule revision.

 

m)        A company authorizing its advisory organization to file on the company's behalf under Section 754.10(c)(3) must have on file a rule authorization letter, in duplicate, including:

 

1)         The name of their authorized advisory organization.

 

2)         The kinds of insurance for which the filing is being made.

 

3)         Authorization clause or language.

 

4)         Effective date of authorization.

 

(Source:  Amended at 4 Ill. Reg. 26, p. 164, effective July 1, 1980)