General Guidelines for Rate, Form, Territory, Classification and Rule Filings
Section II. Additional Requirements for Rate, Rating Plan, and Rating Rule Filings:
In addition to the requirements contained in Section I (as applicable), the following requirements are specifically applicable to rate, rating plan, and rating rule filings:
All rate, rating plan, and rating rule filings must be submitted in accordance with the instructions of Supplement No. 4 to Circular Letter 11 (1998), issued on August 9, 2002, which outlines the new mandatory filing procedures. These procedures contain the minimum required information that must accompany all rate, rating plan, and rating rule filings. Failure to provide this minimum required information will result in your filing being returned without review. In addition to complying with the minimum required information set forth below, in order to expedite the Departments review of your rate filing, please refer to Section IV Review Standards Checklists, Compliance Questionnaires, Forms and Optional "Speed to Market" Filing Procedures below.
1) Insurers are required to submit individual risk rate filings for those "a" rated risks that are subject to prior approval. Pursuant to Circular Letter No. 4 (1996), insurers are not required to submit rate filings for policies covering individually rated commercial umbrella and other "a" rated risks that are not subject to prior approval. In lieu of individual risk rate filings, insurers are required to retain in the individual policy file the supporting information that would otherwise be provided in a properly completed form 129-C (contained in Circular Letter No. 19 (1992)). Such information must be available for inspection by the Department for a period of five years from the date the policy is issued.
3) Rate filings must include appropriate supporting information as outlined in the Rate Filing Sequence Checklist. Please note the relevant requirements contained in Section 2304 of the New York Insurance Law. For commercial lines filings subject to flex-rating under Section 2344, please also refer to Regulation 129 (11 NYCRR 161).