Other Liability

LINE OF BUSINESS:	Other Liability	LINE(S) OF INSURANCE	CODES	LINE(S) OF INSURANCE	CODES
	17.0000	Occurrence (Other Liability)	17.1000	Liquor Liability	17.0014
	Product Liability	Claims Made (Other Liability)	17.2000	Municipal Liability	17.0016
	18.0000	Commercial General liability	17.0001	Nuclear Energy Liability	17.0016
		Completed Operations	17.0002	Personal Injury Liability	17.0017
		Comprehensive Personal Liability	17.0003	Premises and Operations	17.0018
		Contractual Liability	17.0004	Professional Errors and Omissions	17.0019
		Day Care Centers	17.0005	Umbrella & Excess (Commercial)	17.0020
		Directors & Officers Liability	17.0006	Umbrella & Excess (Personal)	17.0021
		Elevators and Escalators Liability	17.0007	Other	17.0022
		Employee Benefit Liability	17.0008	Veterinarian	17.0023
		Employers Liability	17.0009	Internet Liability	17.0024
		Employment Practices Liability	17.0010	Occurrence (Products Liability)	18.0001
		Environmental Pollution Liability	17.0011	Claims Made (Products Liability)	18.0002
		Fire Legal Liability	17.0012
		Kidnap & Ransom Liability	17.0013
IF CHECKLIST IS NOT APPLICABLE, PLEASE EXPLAIN:
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REVIEW REQUIREMENTS	REFERENCE	DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS
GENERAL REQUIREMENTS FOR ALL FILINGS
ELECTRONIC FILINGS	Insurance - Bulletin 360 Title 24-A § 2304-A Rate filings Title 24-A § 2412 Filings, approval of forms
COVER LETTER		Cover letters may be attached to the Supporting Documentation Tab or the text entered under the Filing Description located under the General Information tab in SERFF.
FILING SUBMISSION	Title 24-A §2412. Filing, approval of forms Title 24-A § 2304-A. Rate filings	Form filing requirements Rate filing requirements
EFFECTIVE DATE WORDING		Include proposed effective date on SERFF General Information. Policies effective at 12:01 AM Standard Time.
LIMITATIONS/RESTRICTIONS ON TRANSACTING BUSINESS	Title 24-A - §404. Certificate of authority required; enforcement; penalty	Must have certificate of authority to transact business.
LINE OF AUTHORITY	Other Liability Products Liability	Must have certificate of authority to transact business before submitting rate/rule/form filings.
NO FILE OR FILING EXEMPTIONS	Title 24-A - §2412-A. Large commercial contracts	Policy forms and rates/rules pertaining to large commercial risks exempt from filing — see statute for criteria and definition of large commercial risk
SIDE BY SIDE COMPARISON		Please provide a marked-up copy of the existing rate/rule page(s) or forms being revised highlighting all changes by underlining additions and striking through deletions.
THIRD PARTY FILERS AUTHORITY	Title 24-A § 2412. Filing, approval of forms Title 24-A § 2304-A. Rate filings	Must include authorization to communicate directly with third party filers.
FORMS--POLICY PROVISIONS
ACCESS TO COURTS	Title 24-A § 2433. Jurisdiction of courts, limitation of actions	Maine courts must have jurisdiction.
ACTIONS AGAINST COMPANY	Title 24-A § 2433. Jurisdiction of courts, limitation of actions	Insured must be given 2 years from date of loss to bring suit against insurer.
AMBIGUOUS & MISLEADING	Title 24-A § 2413. Grounds for disapproval	Forms shall be disapproved by the superintendent if they contain or incorporate by reference any inconsistent, ambiguous or misleading clauses
APPLICATIONS	Title 24-A §2411 Representations in applications Title 24-A §2412. Filing, approval of forms	Must file applications only if to be made part of the policy All statements are considered representations not warranties. The Maine Fraud Warning must appear permanently affixed on all application (i.e. new business, renewal, supplemental, etc…).
ARBITRATION	Title 24-A § 2433. Jurisdiction of courts, limitation of actions	Binding arbitration is not permitted.
BLANK ENDORSEMENTS		Blank endorsements are considered manuscript forms and generally not acceptable. Each manuscripted change is subject to review and can be filed as a consent to form filing pursuant to 24-A § 2308(2).
CALCULATION OF UNEARNED /RETURN PREMIUM		Considered part of rating plan.
CANCELLATION & NON-RENEWAL	Title 24-A - §2908. Cancellation and nonrenewal	Maine amendatory endorsement must include statutory grounds for mid-term cancellation — refer to subsection 2 of statute; a post-office certificate of mailing to the named insured at his last known address is conclusive proof of receipt of notice on the 3rd calendar day after mailing.
CONTENT OF POLICIES	Title 24-A - §2901. Contracts subject to general provisions Title 24-A - Chapter 27, THE INSURANCE CONTRACT Title 24-A – Chapter 39, CASUALTY INSURANCE CONTRACTS Title 24-A - MAINE INSURANCE CODE	Casualty contracts are subject to provisions of Chapters 27 and 39 and to other applicable general provisions of Title 24-A (The Maine Insurance Code).
CREDIT SCORING NOTICE	Title 24-A - §2169-B. Use of consumer reports in insurance underwriting Insurance - Bulletin 329
DISCRIMINATION	Title 24-A § 2162. Unfair discrimination, rebates prohibited -- property, casualty, surety insurance	Restrictions on policy provisions relating to benefits not associated with loss and reductions in premium associated with savings and expenses.
FICTITIOUS GROUPS	Title 24-A § 2172. Fictitious groups prohibited	Prohibited
FRAUD WARNING	Title 24-A - §2186. Insurance fraud prevention	Statutory (or substantially similar) wording must be included on all applications (i.e. new business, renewal, supplemental, etc…) and claim forms.
GROUP POLICIES	Title 24-A § 2951. Group property and casualty insurance	Group policies for liability ONLY permitted for risk purchasing groups in compliance with chapter 72-A.
LEAD	Title 24-A §2413 Grounds for disapproval Title 22 - Chapter 252, LEAD POISONING CONTROL ACT	Maine permits the exclusion of lead except in the case of any dwelling unit or child-occupied facility (as defined in (22 M.R.S.A. § 1315(1-C)). In these cases Maine will permit a lead exclusion which begins ≥ 31 days after State of Maine Department of Health and Human Services or a DHHS licensed lead inspector has given insured notice of environmental lead hazard & insured failed to remove the lead hazard.
MEDICAL PAYMENTS SUBROGATION	Title 24-A § 2910-A Subrogation; medical payments coverage	Policy may not provide for subrogation or priority over the insured of payment for any hospital, nursing, medical or surgical services or of any expenses paid or reimbursed under the medical payments coverage in the policy in the event the insured is entitled to receive payment or reimbursement from any other person as a result of legal action or claim, except as provided in this section. The coverage may contain a provision that allows the payments if : A. The provision provides for subrogation or priority over the insured when an insured's awarded or settled damages exceed $20,000; B. The provision requires the written approval of the insured; C. The provision provides that the insurer’s subrogation right is subject to subtraction to account for the pro rata share of the insured's attorney's fees incurred in obtaining the recovery from another source; and D. The provision is approved by the superintendent.
NOTICE OF CANCELLATION	Title 24-A § 2908. Cancellation and nonrenewal Insurance - Bulletin 201	Minimum 10 days advance notice required for cancellation & must allow for 3 days mail time, i.e., proof of mailing is not proof of receipt until the third calendar day after mailing. Also, notice must inform insured of right to request a hearing within 45 days of receipt of notice.
NOTICE OF NON-RENEWAL	Title 24-A § 2908. Cancellation and nonrenewal	Minimum 30 days advance notice required for nonrenewal & must allow for 3 days mail time, i.e., proof of mailing is not proof of receipt until the third calendar day after mailing
NOTICE REQUIREMENTS	Title 24-A § 2908. Cancellation and nonrenewal
PAYMENT OF LOSS TIME PERIOD	Title 24-A §2436. Interest on overdue payments	Payment within thirty days and interest on overdue payments of 1.5% per month.
PERMISSIBLE REASONS FOR CANCELLATION	Title 24-A § 2908. Cancellation and nonrenewal	See statute for permissible grounds.
PERMISSIBLE REASONS FOR NON-RENEWAL	Title 24-A § 2908. Cancellation and nonrenewal
POLLUTION EXCLUSION		Maine permits the use of pollution exclusions.
POST-JUDGMENT INTEREST	Title 14 §1602-C. Interest after judgment Insurance Bulletin 353	Maine statutory law provides for the payment of post-judgment interest and case law has held that an insurer must pay post-judgment interest as a supplemental payment without regard to the policy terms (i.e. policy limit, sub-limits, exclusions, deductibles, retentions, etc…).
PRIOR APPROVAL	Title 24-A § 2304-A Rate filings Title 24-A § 2412 Filings, approval of forms	Filings are to be made no less than 30 days in advance of their stated effective/delivery date. Filings made electronically shall be acted upon within 30 days unless the filer requests an extension. Filings not acted upon pursuant to these statutes may be deemed after 30 days.
PRIVACY NOTICE	Title 24-A - §2206. Notice of insurance information practices	See Title 24-A, Ch. 24 generally for insurance information and privacy protection.
REBATES	Title 24-A §2162. Unfair discrimination, rebates prohibited -- property, casualty, surety insurance Title 24-A §2163. Receipt of rebate, illegal inducement prohibited Insurance Bulletin 233	Sales inducements rebates prohibited unless contained in policy.
SERVICE CONTRACTS--VEHICLE & OTHER THAN VEHICLE		Maine is a dealer obligor state.
SUIT	Title 24-A §2433. Jurisdiction of courts, limitation of actions	Maine courts must have jurisdiction. Insured must be given two years to bring suit against insurer.
VICARIOUS LIABILITY	Title 14 - §304. Liability of parents or legal guardians for damage by children	Parent or legal guardian liable for action of minor children up to $800.
VOIDANCE	Title 24-A §2411 Representations in applications	Insurers may not void coverage for concealment, misrepresentation or fraud except in compliance with Maine case law. See American Home Assurance Co. v. Ingeneri, 479 A.2d 897 (Me. 1984).
WARRANTIES	Title 24-A §2411 Representations in applications	Statements in applications must be considered representations not warranties.
RATE, RULE, RATING PLAN, CLASSIFICATION, AND TERRITORY FILING REQUIREMENTS
"A" RATED RISKS	Title 24-A - §2304-A. Rate filings	“a” rates and ranges must be filed along with any rates designated as “refer to company” or similar phrasing.
ADOPTIONS OF RATE SERVICE ORGANIZATIONS (RSO) FILINGS	Title 24-A §2304-B. Reference filings Insurance - Bulletin 176	Insurer may satisfy rate filing requirements by adopting advisory organization filings and filing loss costs multiplier.
BILLING FEES (INSTALLMENTS, LATE, NSF & REINSTATEMENT)	Title 24-A - §2304-A. Rate filings	Considered part of rating plan.
CATASTROPHE HAZARDS	Title 24-A §2303. Making of rates Title 24-A - §2304-A. Rate filings	Rate provisions must be supported by experience or relevant catastrophe models.
CONSENT-TO-RATE	Title 24-A §2308. Excess rates	Permitted if rating manual filing previously filed does not contemplate the specific risk being assumed.
CREDIBILITY AND FACTORS TRENDING	Title 24-A §2303. Making of rates	Rate or loss cost multiplier calculation should reflect credibility and trend factors of insurer.
CREDIT SCORING AND REPORTS	Title 24-A - §2169-B. Use of consumer reports in insurance underwriting Insurance - Bulletin 329
DISCOUNTS	Title 24-A §2303. Making of rates Title 24-A §2304-A. Rate filings	Surcharges and credits must be filed and supported.
EXPENSE MODIFICATION PLAN		Considered part of rating plan.
EXPENSES	Title 24-A §2303. Making of rates	Rate or loss cost multiplier calculation should reflect expenses of insurer
EXPERIENCE	Title 24-A §2303. Making of rates	Rate or loss cost multiplier calculation should reflect experience of insurer.
EXPERIENCE RATING	Title 24-A - §2304-A. Rate filings	Considered part of rating plan.
GROUP POLICIES	Title 24-A - §2951. Group property and casualty insurance	Group policies for liability ONLY permitted for risk purchasing groups in compliance with chapter 72-A.
JUDGMENT	Title 24-A §2303. Making of rates	Rate or loss cost multiplier calculation should reflect judgment of insurer.
LARGE DEDUCTIBLE		Considered part of rating plan.
LOSS COST MULTIPLIERS	Title 24-A - §2304-B. Reference filings Insurance Bulletin 176	Insurer may satisfy rate filing requirements by adopting advisory organization filings and filing loss cost multiplier.
LOSS COSTS	Title 24-A §2304-B Reference filings Insurance Bulletin 176	Insurer may satisfy rate filing requirements by adopting advisory organization filings and filing loss costs multiplier.
MINIMUM PREMIUM RULES		Considered part of rating plan.
MULTI-TIER		Considered part of rating plan.
OTHER FEES		Considered part of rating plan.
PAYMENT PLANS		Considered part of rating plan.
PREMIUMS		Considered part of rating plan.
PRICING	Title 24-A - §2302-A. Definitions Title 24-A §2303. Making of rates Title 24-A §2304-A. Rate filings Title 24-A §2304-B. Reference filings Insurance Bulletin 176	All aspects of pricing must be filed and supported and/or may adopt advisory organization reference filing and file loss costs multiplier.
PROFIT LOADING	Title 24-A - §2303. Making of rates	Rate or loss cost multiplier calculation may reflect profit loading and must include consideration for investment income.
RATE RANGES	Title 24-A - §2304-A. Rate filings	Considered part of rating plan.
RATE/LOSS COST SUPPORTING INFORMATION	Title 24-A §2302-A. Definitions Title 24-A §2303. Making of rates Title 24-A §2304-A. Rate filings Title 24-A §2304-B. Reference filings Insurance Bulletin 176	All aspects of pricing must be filed and supported and/or may adopt advisory organization reference filing and file loss costs multiplier.
RATING PLAN REQUIREMENTS	Title 24-A §2304-A. Rate filings	All aspects of pricing must be filed and supported and/or may adopt advisory organization reference filing and file loss costs multiplier.
RETROSPECTIVE RATING		Considered part of rating plan.
RETURN ON EQUITY DOCUMENT-- INVESTMENT INCOME	Title 24-A §2303. Making of rates Title 24-A §2304-A Rate filings	Profit must give consideration to investment income. Manual rates, minimum premium, class rate, rating schedule or rating plan, every other rating rule, and every modification to the foregoing should be filed and supported.
RISK CLASSIFICATION	Title 24-A §2303. Making of rates	Risks may be grouped by classifications for the establishment of rates and minimum premiums
SCHEDULE RATING (AKA UNDERWRITING JUDGMENT)		Considered part of rating plan and a maximum aggregate credit/debit permitted is 40%
SERVICE CHARGES		Considered part of rating plan.
SMALL DEDUCTIBLE		Considered part of rating plan.
SURCHARGES		Considered part of rating plan.
WRAP-UP RATING		Considered part of rating plan.

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