WSR 98-20-102
PERMANENT RULES
INSURANCE COMMISSIONER'S OFFICE
[Insurance Commissioner Matter No. R 98-4--Filed October 7, 1998, 11:13 a.m.]
Date of Adoption: October 7, 1998.
Purpose: To increase the effectiveness and update the regulatory scheme of chapter 284-24 WAC.
Citation of Existing Rules Affected by this Order: Amending WAC 284-24-015, 284-24-060, 284-24-065, 284-24-070, 284-24-080, and 284-24-100.
Statutory Authority for Adoption: RCW 48.02.060, 48.19.080, 48.19.370.
Other Authority: RCW 48.19.020.
Adopted under notice filed as WSR 98-13-092 on June 16, 1998.
Changes Other than Editing from Proposed to Adopted Version: WAC 284-24-062 (2)(b) was changed to include "or has purchased loss cost services from a rating organization." This change should help clarify the section.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, amended 6, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, amended 6, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
October 7, 1998
Greg J. Scully
Chief Deputy Commissioner
OTS-2158.5
NEW SECTION
WAC 284-24-005 Transmittal form required. Each rate filing submitted by an insurer shall be submitted with the filing transmittal form prescribed by and available from the commissioner. The insurer shall complete the form in its entirety before it submits the filing.
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AMENDATORY SECTION (Amending Order R 90-5, filed 6/14/90, effective 7/15/90)
WAC 284-24-015 Statistical plans and designation of
statistical agents. ((Pursuant to)) Under the provisions of RCW
48.19.370, the insurance commissioner has adopted the following
statistical plans for the recording and reporting of loss and
expense experience, and ((hereby)) designates the particular
organizations, or their successors, as statistical agents to
assist the commissioner in the gathering and compilation of
experience for the classes of business stated.
(1) The statistical plans of the Insurance Services Office, Inc. with respect to the following kinds of insurance:
(a) ((Fire and allied lines,
(b) Automobile physical damage,
(c) Automobile liability,
(d) General liability,
(e) Burglary,
(f) Glass,
(g) Boiler and machinery,
(h) Inland marine,
(i) Homeowners, comprehensive dwelling and dwelling policy
program,
(j) Commercial multiperil,
(k) Businessowners, and
(l) Professional liability.)) Aircraft hull,
(b) Aircraft liability,
(c) Boiler and machinery,
(d) Burglary and theft,
(e) Businessowners,
(f) Commercial automobile liability,
(g) Commercial automobile no-fault,
(h) Commercial automobile physical damage,
(i) Commercial earthquake,
(j) Commercial fire and allied lines,
(k) Commercial inland marine,
(l) Commercial multiperil,
(m) Dwelling fire and allied lines,
(n) Farm, farmowners, and ranchowners,
(o) Fidelity and forgery,
(p) General liability,
(q) Glass,
(r) Homeowners, tenants, and condominiums,
(s) Mobile homes,
(t) Personal automobile liability,
(u) Personal automobile no-fault,
(v) Personal automobile physical damage,
(w) Personal earthquake,
(x) Personal inland marine,
(y) Personal liability,
(z) Personal theft and residence glass, and
(aa) Professional liability, including medical professional liability.
(2) The statistical plans of the National Association of Independent Insurers with respect to:
(a) Burglary,
(b) Businessowners,
(c) Crop hail,
(d) Farmowners,
(e) Fidelity and surety,
(f) Fire and allied lines,
(g) General liability,
(h) Glass,
(i) Inland marine,
(j) Malpractice and professional liability,
(k) Personal lines (homeowners and dwelling fire),
(l) Commercial multiperil,
(m) Automobile liability, and
(n) Automobile physical damage.
(3) The statistical plans of the American Association of Insurance Services with respect to:
(a) Homeowners,
(b) Farmowners,
(c) Mobile homeowners,
(d) Inland marine,
(e) Farm fire,
(f) Dwelling fire,
(g) Commercial fire,
(h) General liability,
(i) Burglary,
(j) Glass,
(k) Commercial multiperil,
(l) Manufacturers output, ((and))
(m) Businessowners,
(n) Automobile,
(o) Boatowners, and
(p) Artisans.
(4) The statistical plan of the Surety Association of America with respect to fidelity, surety and forgery.
(5) The statistical plan of the National Crop Insurance Services with respect to hail insurance on growing crops and windstorm (when accompanied by hail) insurance on growing crops.
(6) The statistical plan of the Factory Mutual Service Bureau with respect to property insurance.
(7) The statistical plan of the Mill and Elevator Rating Bureau with respect to property insurance.
(8) The statistical plan of ((the)) American Nuclear
((Insurance Rating Bureau)) Insurers with respect to nuclear
physical damage insurance.
(9) The statistical plans of National Independent Statistical Service with respect to the following kinds of insurance:
(a) Automobile liability,
(b) Automobile physical damage,
(c) Boiler and machinery,
(d) Burglary,
(e) Businessowners,
(f) Commercial multiperil,
(g) Farmowners,
(h) Fidelity and surety,
(i) Fire and allied lines,
(j) General liability,
(k) Glass,
(l) Homeowner, mobile home, and dwelling policies,
(m) Inland marine, and
(n) Malpractice and professional liability.
Experience filed by individual carriers is to be kept confidential by these statistical agents and only the consolidated experience will be available as public information.
[Statutory Authority: RCW 48.02.060, 48.19.080 and 48.19.370. 90-13-041 (Order R 90-5), § 284-24-015, filed 6/14/90, effective 7/15/90. Statutory Authority: RCW 48.02.060. 82-06-036 (Order R 82-1), § 284-24-015, filed 3/1/82.]
AMENDATORY SECTION (Amending WSR 94-20-059, filed 9/30/94, effective 10/31/94)
WAC 284-24-060 ((Modification)) Suspension of filing
requirements. (((1) Pursuant to)) Under RCW 48.19.080, ((the
commissioner rules and hereby orders that)) the rate filing
requirements ((set forth)) in chapter 48.19 RCW are ((modified so
that:
(a) No filings with respect to rates pertaining)) suspended
with respect to surplus line coverages. Insurers do not need to
file rates with respect to surplus line coverages placed in this
state ((pursuant to)) under chapter 48.15 RCW ((need be made,
hereby confirming the longstanding practice in this state; and
(b) Rating organizations may make reference filings of
prospective loss costs. Such filings shall contain the
statistical data and supporting information for all calculations
and assumptions underlying the prospective loss costs, but need
not provide the information required by RCW 48.19.040 (2)(b) and
(c). Filings of prospective loss costs must be approved by the
commissioner prior to use by any insurer as a reference document.
A member or subscribing insurer must file a loss cost adjustment
and obtain the commissioner's approval prior to use of rates
based on prospective loss costs.
A member or subscribing insurer of a rating organization may
use rates based on prospective loss costs filed by such an
organization and approved by the commissioner as a reference
document without complying with the requirements of RCW 48.19.040
if:
(i) The insurer has an approved loss cost adjustment on file
with the commissioner and proposes no changes to it; and
(ii) The insurer will begin using the prospective loss costs
on the date proposed by the rating organization and approved by
the commissioner.
(2) For purposes of this section, the following definitions
apply:
(a) "Rating organization" means an organization licensed
pursuant to RCW 48.19.180.
(b) "Member or subscribing insurer" means an insurer that
has granted filing authority to a rating organization pursuant to
RCW 48.19.050.
(c) "Prospective loss cost" means that portion of a rate
that provides only for losses and loss adjustment expense and
does not include provisions for expenses (other than loss
adjustment expenses) or profit, and is based on historical
aggregate losses and loss adjustment expenses adjusted through
development to their ultimate value and projected through
trending to a future point in time.
(d) "Loss cost adjustment" means a factor by which
prospective loss costs are multiplied to obtain final rates. It
takes into account:
(i) Operating expenses;
(ii) Underwriting profit (or loss) and contingencies;
(iii) Investment income;
(iv) Dividends, savings, or unabsorbed premium deposits
allowed or returned to policyholders, members, or subscribers;
(v) Variations in loss experience unique to the insurer
making the filing;
(vi) The effect of the timing difference on the prospective
loss costs in those instances in which an insurer elects to begin
using prospective loss costs on a date other than that proposed
by the rating organization and approved by the commissioner; and
(vii) Other relevant factors, if any.
(e) "Rate" means the cost of insurance per exposure unit,
whether expressed as a single number or separately as prospective
loss cost and loss cost adjustment, prior to any application of
individual risk variations as permitted by WAC 284-24-100, and
does not include minimum premiums or supplementary rating
information.
(f) "Supplementary rating information" means any manual or
plan of policy writing rules, rating rules, classification
system, territory codes and descriptions, rating plans, and any
other similar information needed to determine the applicable
premium for an insured. It includes factors and relativities,
such as increased limits factors, package modification factors,
classification relativities, and deductible relativities)).
[Statutory Authority: RCW 48.02.060. 94-20-059, § 284-24-060, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 48.02.060, 48.19.080 and 48.19.370. 90-13-041 (Order R 90-5), § 284-24-060, filed 6/14/90, effective 7/15/90. Statutory Authority: RCW 48.02.060 (3)(e). 86-24-043 (Order R 86-7), § 284-24-060, filed 11/26/86. Statutory Authority: RCW 48.02.060. 82-06-036 (Order R 82-1), § 284-24-060, filed 3/1/82.]
NEW SECTION
WAC 284-24-062 Modification of filing requirements--Loss cost filings. (1) Under RCW 48.19.080, the rate filing requirements in chapter 48.19 RCW are modified as follows:
(a) Rating organizations may make reference filings of prospective loss costs. The filings shall contain the statistical data and supporting information for all calculations and assumptions underlying the prospective loss costs, but do not need to provide the information required by RCW 48.19.040 (2)(b) and (c). Filings of prospective loss costs must be approved by the commissioner prior to use by any insurer as a reference document.
(b) To use rates based on loss costs, a member or subscribing insurer of a rating organization must make a loss cost adjustment filing, which is subject to the provisions of RCW 48.19.040 and/or RCW 48.19.043. The filing shall include the following forms, completed in their entirety, prescribed by and available from the commissioner:
(i) A Washington Reference Filing Adoption Form;
(ii) For each loss cost adjustment, a Washington Summary of Supporting Information Form; and
(iii) For each loss cost adjustment with which an expense constant is used, a Washington Expense Constant Supplement.
(c) A member or subscribing insurer of a rating organization may use rates based on prospective loss costs filed by the rating organization and approved by the commissioner as a reference document without complying with the requirements of RCW 48.19.040 and 48.19.043 if:
(i) The insurer has an approved loss cost adjustment on file with the commissioner and proposes no changes to it; and
(ii) The insurer will begin using the prospective loss costs on the date proposed by the rating organization and approved by the commissioner.
(d) Once they have been approved and have become effective, the latest prospective loss costs filed by a rating organization are considered to supersede all earlier loss cost filings by that rating organization. Insurers are not permitted to make loss cost adjustment filings using prospective loss costs that have been superseded.
(2) For purposes of this section, the following definitions apply:
(a) "Rating organization" means an organization licensed under RCW 48.19.180.
(b) "Member or subscribing insurer" means an insurer that has granted filing authority to a rating organization under RCW 48.19.050 or has purchased loss cost services from a rating organization.
(c) "Prospective loss cost" means that portion of a rate that provides only for losses and loss adjustment expenses and does not include provisions for expenses (other than loss adjustment expenses) or profit, and is based on historical aggregate losses and loss adjustment expenses adjusted through development to their ultimate value and projected through trending to a future point in time.
(d) "Loss cost adjustment" means a factor by which prospective loss costs are multiplied to obtain final rates. It takes into account:
(i) Operating expenses;
(ii) Underwriting profit (or loss) and contingencies;
(iii) Investment income;
(iv) Dividends, savings, or unabsorbed premium deposits allowed or returned to policyholders, members, or subscribers;
(v) Variations in loss experience unique to the insurer making the filing; and
(vi) Other relevant factors, if any.
(e) "Rate" means the cost of insurance per exposure unit, whether expressed as a single number or separately as prospective loss cost and loss cost adjustment, prior to any application of individual risk variations as permitted by WAC 284-24-100, and does not include minimum premiums or supplementary rating information.
(f) "Supplementary rating information" means any manual or plan of policy writing rules, rating rules, classification system, territory codes and descriptions, rating plans, and any other similar information needed to determine the applicable premium for an insured. It includes factors and relativities, such as increased limits factors, package modification factors, classification relativities, and deductible relativities.
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AMENDATORY SECTION (Amending Order R 90-13, filed 12/17/90, effective 1/17/91)
WAC 284-24-065 Demonstration that rates satisfy the requirements of RCW 48.19.020. (1) RCW 48.19.020 requires that premium rates for insurance shall not be excessive, inadequate, or unfairly discriminatory. A rate is reasonable and not excessive, inadequate, or unfairly discriminatory if it is an actuarially sound estimate of the expected value of all future costs associated with an individual risk transfer. Such costs include claims, claim settlement expenses, operational and administrative expenses, and the cost of capital. When an insurer or rating organization files rates with the commissioner, it must demonstrate how it has accounted for each of these costs, so that the commissioner can determine whether the proposed rates satisfy the requirements of RCW 48.19.020.
(2) An insurer filing rates must demonstrate that it has accounted for the cost of capital by showing that its expected after-tax return on equity is consistent with its expected cost of capital. A rating organization filing rates must demonstrate that it has accounted for the cost of capital by showing that its members' or subscribers' expected after-tax return on equity is consistent with their expected cost of capital. An insurer or rating organization may establish the expected cost of capital by citing:
(a) Data pertaining to historical after-tax returns on equity for the property-casualty insurance industry as a whole; or
(b) Data pertaining to historical after-tax returns on equity for insurers writing coverages involving a similar level of risk; or
(c) Data pertaining to historical after-tax returns on equity for other industries involving a similar level of risk; or
(d) In the case of a stock insurer, data pertaining to the after-tax return on equity necessary to attract and retain investors; or
(e) In the case of a mutual or reciprocal insurer, data pertaining to the after-tax return on equity necessary to maintain policyholders' surplus adequate to support the insurer's business.
(3) For the purposes of this section, equity shall customarily be computed under generally accepted accounting principles. However, at the rate filer's option, insurers' statutory surplus as regards policyholders may be used instead. The equity assigned to the writing of a particular coverage in this state shall be determined by making a reasonable allocation of total equity by coverage and by state. Allocation of equity by coverage may involve a recognition of the differences in the level of risk by coverage.
(4) The expected after-tax return shall include:
(a) Expected underwriting profit or loss; and
(b) Expected investment income, including, but not limited to, investment income on assets corresponding to unearned premium reserves, loss and loss adjustment expense reserves, and statutory surplus as regards policyholders; and
(c) Other expected income, at the filer's option; and
(d) Expected federal income taxes arising from (a), (b), and (c) of this subsection, including, but not limited to, taxes due to the revenue offset, reserve discounting, and alternative minimum tax provisions of the Tax Reform Act of 1986.
(5) Due to the variability of expected realized and unrealized capital gains and taxes thereon, the commissioner will not require that these items be included in the expected after-tax return for ratemaking purposes.
(6) Expected after-tax return on equity shall be determined as the annualized rate of return arising from policies to be written in the period during which the filing is expected to be in effect. The calculations involved should follow from the methods used in preparing the filing.
(7) In lieu of allocating its equity as prescribed by subsection (3) of this section, an insurer may establish a target operating ratio applicable to all coverages. For the purposes of this section, "operating ratio" is the sum of after-tax underwriting profit (or loss) and after-tax investment income on assets corresponding to unearned premium reserves and loss and loss adjustment expense reserves, divided by premium. The insurer must show that its target operating ratio corresponds to an expected after-tax return on equity that is consistent with its cost of capital, in accordance with subsection (2) of this section. Although investment income on assets corresponding to policyholders' surplus is not included in the calculation of an operating ratio, this component of investment income must be considered in establishing the target operating ratio, because it must be included in the expected after-tax return on equity, in accordance with subsection (4) of this section.
(8) For liability insurance, if the increased limits factors include risk loads, the proportion of the expected premium (net of expenses) arising from the risk loads for all policy limits shall be included in the expected underwriting profit or loss.
(9) So that the commissioner may more easily determine whether rates satisfy the requirements of RCW 48.19.020:
(a) The use of the word "indicated" in a rate filing to describe a rate or rate change shall be limited to situations in which:
(i) The insurer or rating organization making the filing has taken into account all of the factors listed in RCW 48.19.030 (3)(a) through (f); and
(ii) The rate or rate change labeled "indicated" corresponds to an expected after-tax return on equity which is supported as required by subsection (2) of this section.
(b) A rate filing must contain an explanation of any material difference between an indicated rate or rate change and a proposed rate or rate change.
(10) Filings of supplementary rating information, as defined
by WAC ((284-24-060)) 284-24-062 (2)(f), are exempt from the
requirements of this section. However, if package modification
factors are not supported by data showing the relationship
between package and monoline loss experience and expenses, the
requirements of this section apply to filings of package
modification factors.
(((11) The requirements of this section shall apply to all
rate filings received by the commissioner after April 30, 1991.))
[Statutory Authority: RCW 48.02.060 and 48.19.080. 91-01-073 (Order R 90-13), § 284-24-065, filed 12/17/90, effective 1/17/91.]
AMENDATORY SECTION (Amending Order R 82-1, filed 3/1/82)
WAC 284-24-070 ((Suspension)) Modification of filing
requirements--(("(A)" rating)) Refer-to-company rating. (1)
((Pursuant to)) Under RCW 48.19.080, the ((commissioner rules and
hereby orders that the casualty)) insurance rate filing
requirements ((set forth)) in chapter 48.19 RCW are ((suspended))
modified as to classes of policies for which the insurer has no
rate, guide rate, range of rates or rating rule except as
described in subsection (2) of this section. These classes may
include:
(a) ((Covering risks in a)) A class((,)) in which risks are
so different from each other that no ((single manual)) rate or
range of rates could be representative of all((,));
(b) ((Covering risks of a classification)) A class that does
not develop enough loss experience to warrant any
((creditability)) credibility for ratemaking purposes((, or));
and
(c) ((Covering risks that involve)) Policies involving a new
product or coverage ((as to)) for which there is no appropriate
analogy to similar exposures for ratemaking purposes.
(2) ((A rate filing for such classes of policies)) Every
rating rule for such classes of policies shall be included in an
appropriate rate manual and filed with the commissioner. Such a
rating rule shall consist only of a notation((, in an appropriate
rate manual,)) of the symbol "(a)" ((following the description of
the risk, which symbol shall indicate that the risk cannot
practicably be filed with the commissioner and that such risk))
or a statement that risks in the class shall be submitted to the
insurer for rating.
(3) The insurer's rating of ((such)) a refer-to-company risk
shall be based on a documented underwriting analysis of:
(a) Specific definable loss potential characteristics,
(b) Analogy to similar exposures, and
(c) Available loss frequency and severity data.
(4) Examples of appropriate (("(a)" rated)) refer-to-company
risks include but are not limited to:
(a) Manufacturing and construction risks, such as:
(i) Ammunition manufacturing,
(ii) Dam construction,
(iii) Irrigation works operation, and
(iv) Logging railroad--operation and maintenance.
(b) Owners, landlord and tenants risks, such as:
(i) Amusement devices, designed for small children only, not otherwise classified (NOC),
(ii) Christmas tree lots--open air,
(iii) Bleachers or grandstands,
(iv) Dude ranches,
(v) Firing ranges--indoor,
(vi) Parks or playgrounds, and
(vii) Zoos.
(c) Product risks, such as:
(i) Aircraft or aircraft parts manufacturing,
(ii) Ball or roller bearing manufacturing,
(iii) Chemical manufacturing--household--NOC,
(iv) Discontinued operations--products,
(v) Electronic component manufacturing,
(vi) Firearms manufacturing--over .50 caliber
(vii) Instrument manufacturing--NOC,
(viii) Levee construction,
(ix) Machinery or machinery parts manufacturing,
(x) Pharmaceutical or surgical goods manufacturing,
(xi) Products--NOC,
(xii) Sign manufacturing--NOC,
(xiii) Tank manufacturing--metal--not pressurized,
(xiv) Textile coating or impregnating,
(xv) Tool manufacturing--hand type--powered,
(xvi) Valves manufacturing,
(xvii) Wheels manufacturing,
(xviii) Wire goods manufacturing--NOC, and
(xix) Wood products manufacturing--NOC.
(5) Insurers writing (("(a) rated)) risks((")) subject to
this regulation shall maintain separate documentation, including
loss experience, on each risk written and shall be prepared to
provide such documentation to the insurance commissioner upon
request.
[Statutory Authority: RCW 48.02.060. 82-06-036 (Order R 82-1), § 284-24-070, filed 3/1/82.]
AMENDATORY SECTION (Amending Order R 86-7, filed 11/26/86)
WAC 284-24-080 Rate filings required for certain inland
marine risks. RCW 48.19.030 and 48.19.070 recognize that certain
inland marine risks are by general custom of the business not
written according to manual rates or rating plans. The following
inland marine classes of risks are, however, by general custom of
the business written according to manual rates or rating plans,
and, therefore, manual rates or rating plans applicable to the
following ((such)) risks shall be filed with the commissioner
((and may be used only after approval except as otherwise
permitted by WAC 284-24-060 (1)(b))):
(1) Accounts receivable and valuable papers and records,
(2) Agricultural machinery, farm equipment and livestock floaters,
(3) Bicycle floater,
(4) Cameras,
(5) Camera and musical instrument dealers,
(6) Equipment dealers,
(7) Hardware and implement dealers floater,
(8) Implement dealers stock floater,
(9) Fine arts (private collections),
(10) First class mail,
(11) Floor plan,
(12) Furriers' block,
(13) Furriers' customers,
(14) Garment contractors,
(15) Golfer's equipment floater,
(16) Musical instruments,
(17) Negative film floater,
(18) Neon signs,
(19) Personal articles floater,
(20) Personal effects,
(21) Personal furs or fur floater,
(22) Personal jewelry or jewelry floater,
(23) Personal property floater,
(24) Physicians' and surgeons' equipment floater,
(25) Registered mail,
(26) Silverware floater,
(27) Stamp and coin collection floater,
(28) Theatrical floater,
(29) Tourist baggage,
(30) Travel baggage (issued in combination with accident and sickness insurance),
(31) Wedding presents, and
(32) Boatowners' and/or boats ((under)) twenty-((seven)) six
feet and under in length that are used for pleasure.
[Statutory Authority: RCW 48.02.060 (3)(e). 86-24-043 (Order R 86-7), § 284-24-080, filed 11/26/86. Statutory Authority: RCW 48.02.060. 82-06-036 (Order R 82-1), § 284-24-080, filed 3/1/82.]
AMENDATORY SECTION (Amending Order R 90-5, filed 6/14/90, effective 7/15/90)
WAC 284-24-100 Standards for schedule rating plans((,
noncomplying filings ineffective)). ((Pursuant to RCW 48.19.120,
and to effectuate the provisions of RCW 48.19.030, the
commissioner finds that existing schedule rating plans permit
excessive credits or debits, commonly resulting in discrimination
against insureds or inadequate premiums, and, for that reason,
fail to meet the requirements of chapter 48.19 RCW. Therefore,
no filing of a schedule rating plan shall be effective or
accepted after January 1, 1986, unless it meets the following
standards:))
(1) A schedule rating plan shall apply only to those classes of insurance (monoline or packaged) commonly known as commercial vehicle, commercial general casualty, commercial inland marine, commercial fidelity, surety, commercial crime, and commercial property.
(2) A schedule rating plan shall provide for no more than a
twenty-five percent credit (reduction) or debit (charge)((,
excluding any expense adjustment permitted by a lawfully filed
and approved expense adjustment plan)). A schedule rating plan
shall not be combined with other rating plans or rating rules in
such a way that the schedule rating affects the premium by more
than twenty-five percent.
(3) Any expense modification rule which does not prescribe specific credits or debits for particular situations is considered to be similar to schedule rating. In such a case, the combined effect of schedule and expense modifications shall not exceed twenty-five percent.
(4) If an expense modification plan prescribes specific credits for particular situations (such as various premium size ranges or commission levels), the credits or debits are not included in the twenty-five percent schedule rating maximum.
(5) A schedule rating plan must provide for an objective analysis by the insurer of the risk and be based on specific factual information supporting the rating. Items such as the following may be considered:
(a) Management capacity for loss control and risk improvement, including financial and operating performance.
(b) Condition and upkeep of premises and equipment.
(c) Location of risk and suitability of occupancy.
(d) Quality of fire and police protection.
(e) Employee training, selection, supervision, or similar elements.
(f) Type of equipment.
(g) Safety programming.
(h) Construction features and maintenance.
(i) Classification variances, including differences from average hazards.
(((4) A plan must provide that when)) (6) If a risk is rated
below average (debited) under a schedule rating plan, an insured
or applicant, upon timely request, will be advised by the insurer
of the factors which resulted in the adverse rating so that the
insured or applicant will be fairly apprised of any corrective
action that might be appropriate with respect to the insurance
risk.
(((5))) (7) A schedule rating plan shall be administered
equitably and applied fairly to every eligible risk which an
insurer elects to insure. Records supporting the development of
individual risk modifications shall be retained by the insurer
for a minimum of three years or until the conclusion of the next
regular examination conducted by the insurance department of its
domicile, whichever is later, and made available at all
reasonable times for the commissioner's examination. ((Such))
The records must include copies of all documentation used in
making each particular determination, even though a credit or
debit may not result.
[Statutory Authority: RCW 48.02.060, 48.19.080 and 48.19.370. 90-13-041 (Order R 90-5), § 284-24-100, filed 6/14/90, effective 7/15/90. Statutory Authority: RCW 48.02.060. 85-23-031 (Order R 85-4), § 284-24-100, filed 11/14/85.]
NEW SECTION
WAC 284-24-110 Effect of changes to zip code boundaries. An insurer shall not change an insured's rates solely because the insured's zip code has been changed by the United States Postal Service. This section shall not be construed to prohibit insurers from using zip codes to define rating territories. However, the zip code boundaries in effect at the time an insurer makes a rate filing defining the territories shall determine the physical boundaries of these territories. These boundaries can be changed only by the insurer's subsequent rate filings.
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