General Guidelines for Rate, Form, Territory, Classification and Rule Filings
(PROPERTY BUREAU)
Section IV. Review Standards Checklists, Compliance Questionnaires, Forms and Optional "Speed to Market" Filing Procedures:
To assist you in preparing filings, the Department has developed review standards checklists and compliance questionnaires intended to provide guidance to many of the Department’s requirements. Submission of available review standards checklists is mandatory with filings submitted on a "Speed to Market" basis and optional with filings submitted on a regular , non "Speed to Market" basis pursuant to Supplement No. 5 to Circular Letter No. 11 (1998), issued on March 21, 2003. An applicable set of compliance questionnaires may be required if the filing refers to or should refer to a specific review standard listed in the review standards checklist. In either situation, submission of appropriately completed review standards checklists and compliance questionnaires will expedite the review process. However, insurers, or their authorized representatives, should submit filings with sufficient time prior to the implementation date to permit review of the filing by Department staff.
To make "Speed to Market" filings, please follow the procedures described in Supplement No. 3 to Circular Letter No. 11 (1998), issued on August 21, 2000; Supplement No. 5 to Circular Letter No. 11 (1998), issued on March 21, 2003; and the instructions contained in the Master List of Review Standards Checklists and Compliance Questionnaires. The cover letter of the filing should also clearly state that the filing has been submitted on a "Speed to Market" basis. The review standards checklists, which are based upon Annual Statement Lines of Business, list the categories of review standards that a filing will be expected to evidence. A brief summary of each review standard is provided along with a hyperlink to the specific statutes, regulations, circular letters, and compliance questionnaires. The review standards checklists must be fully completed for new programs and major revisions to existing programs. If the submission is limited to minor revisions of previously approved programs, endorsements, etc., that do not include changes to regulatory requirements, insert a brief explanation onto the first page of the review standards checklist indicating the reason(s) the review standards and the related compliance questionnaires are not applicable.
To complete the review standards checklists, please follow these instructions:
- Whenever the insurer determines that all or part of a review standards checklist is not applicable to a filing due to the nature of the submission, it may use the space available on the top of the first page to so indicate and explain. Where additional comment is needed it should be included in the filing memorandum.
- Column One lists the categories of review standards that the filing will be expected to evidence. Where compliance is not applicable to all parts of the filing an explanation should be provided.
- Column Two provides the statutory or regulatory reference to each requirement contained in the review standards checklist and a hyperlink to such reference.
- Column Three includes an explanation of the specific requirement standard that must be met in order to comply with the item(s) reference in Column Two. This may include a link where such specific requirements are explained or discussed in the form of a compliance questionnaire or web page(s).
- The completion of Column Four is required in order to identify the location of compliance within the filing. If the compliance is required in more than one location in the filing, attachments may be used for further explanation. Where compliance is not applicable to all parts, an explanation should be provided.
NOTE: The optional "Speed to Market" filing procedures do not apply to rate filings for the following lines of business: (i) Personal Automobile; (ii) Public Automobile; and (iii) Workers Compensation; and (iv) Physicians' & Surgeons' Medical Malpractice Liability.
An applicable set of review standards checklists and the related compliance questionnaires should be completed for each coverage part included in the filing. For example, if a filing contains forms for Commercial General Liability coverage (written on an occurrence basis with defense outside limits) and Directors and Officers and Employment Practices Liability coverage parts (written on a claims-made basis with defense within limits), the insurer must complete and submit the following forms, review standards checklists, and compliance questionnaires:
- One Master List of Review Standards Checklists and Compliance Questionnaires;
- One Policy Form Compliance Certification;
- Two Commercial Liability Review Standards Checklists (one for Commercial General Liability form and one for Employment Practices Liability Coverage Part);
- One Directors and Officers Review Standards Checklist ( for the Directors and Officers form)
- Three Commercial Liability Insurance Form Filing Compliance Questionnaires (for the Commercial General Liability form, Directors and Officers form, and Employment Practices Liability Coverage Part);
- Two Claims-Made Policies Form Filing Compliance Questionnaires (one for Directors and Officers Coverage Part and one for Employment Practices Liability Coverage Part);
- Two Defense-Within-Limits Form Filing Compliance Questionnaires (one for Directors and Officers Coverage Part and one for Employment Practices Liability Coverage Part);
- One or more Commercial Lines Cancellation & Nonrenewal Form Filing Compliance Questionnaires (one compliance Questionnaire for each form that contains separate cancellation and nonrenewal provisions); and
- One or more Supplementary Form Information (if needed ).
For all rate, rating plan, and rating rule filings, a Rate Filing Sequence Checklist must be submitted.
Compliance with the review standards checklists does not guarantee approval of any filing. If you have questions regarding completion of the review standards checklists or compliance questionnaires, please contact a Department representative as per the following table:
| Line of Business | Name of Representative | E-mail address | Phone Number |
|---|---|---|---|
| Automobile | Holford Marshall | Mr. Holford Marshall | (212) 480-5596 |
| Liability | Bruce Ascher Siu Ping Wong |
Mr. Bruce Ascher Mr. Siu Ping Wong |
(212) 480-7484 (212)480-5502 |
| Property | Lavi Mathai | Mr. Lavi Mathai | (212) 480-5501 |
| Actuarial | Anthony Yoder | Mr. Anthony Yoder | (212) 480-5500 |
If you have any trouble with formatting, viewing or printing of any of the review standards checklists or compliance questionnaires, please download the check.dot template and open all review standards checklists and compliance questionnaires with this template.
Some review standard checklists and compliance questionnaires contain macros. You may enable these macros by clicking the middle button.
The following forms, review standard checklists, and compliance questionnaires are currently available in Word and PDF formats. Please note that we are constantly revising/updating existing forms, review standard checklists, and compliance questionnaires and adding new forms, review standard checklists, and compliance questionnaires to our Web site. A revised checklist or compliance questionnaire can be identified by its edition date. Accordingly, it is important that you visit the links provided below every time you need to complete and submit a form, review standards checklist, or compliance questionnaire. This will ensure that you are using the latest version.
Mandatory "SPEED TO MARKET" Forms
The forms contained in this table are mandatory for, and should only be used with " Speed to Market" filings. Do not include these forms in filings submitted for review on a regular basis.
| Form Title & Links | Instructions |
|---|---|
Amended! |
This form is required for all "Speed to Market" filings. Detailed instructions on how to complete the form are contained within the form itself. |
| This certification must be included in any "Speed to Market" filing that contains forms. | |
| This certification must be included in any "Speed to Market" filing that contains rates, rules, classifications, territories or rating plans. |
Review Standards Checklist
As previously noted, submission of review standards checklist is mandatory for filings submitted on a "Speed To Market" basis and optional for regular non "Speed To Market" basis.
| Line of Business | Review Standards Checklists | Compliance Questionnaires |
|---|---|---|
1.0001 |
Property (Commercial) Review Standards Checklist CP |
|
4.0000 |
Homeowners Review Standards Checklist HO |
|
5.0000 |
Commercial Multi-Peril Review Standards Checklist CMP |
|
6.0000 |
Mortgage Guaranty Review Standards Checklist MG |
|
9.0005 |
Inland Marine (Commercial) Review Standards Checklist CIM |
|
9.0006 |
Inland Marine (Personal) Review Standards Checklist PIM |
|
10.0000 |
Financial Guaranty Review Standards Checklist FG |
|
11.0000 |
Medical Malpractice Review Standards Checklist MM |
|
16.0000 |
Worker's Compensation (& Employers Liability) Review Standards Checklist WC |
|
16.0003 |
Worker's Compensation (Excess Worker's Compensation) Review Standards Checklist EWC |
|
17.0001 |
Other Liability (Commercial Liability) Review Standards Checklist CL |
|
17.0003 17.0021 |
Other Liability (Personal Umbrella/Excess) Review Standards Checklist PLU |
|
17.0006 |
Other Liability (Directors & Officers Liability) Review Standards Checklist DO |
|
17.0019 |
Other Liability (Professional Liability and Errors & Omissions) Review Standards Checklist PL |
|
17.0020 |
Amended! |
|
18.0000 |
Products Liability Review Standards Checklist PR |
|
|
21.1000 |
Private Passenger Automobile Review Standards Checklist PA |
|
19.2000 21.2000 |
Commercial Automobile Review Standards Checklist CA |
|
22.0000 |
Aircraft Review Standards Checklist AIR |
|
23.0000 |
Fidelity Review Standards Checklist FID |
|
24.0000 |
Surety Review Standards Checklist SU |
|
26.0000 |
Crime (Burglary & Theft) Review Standards Checklist CR |
|
27.0000 |
Boiler & Machinery Review Standards Checklist B&M |
|
28.0000 |
Credit (Credit Personal Property) Review Standards Checklist CrP |
|
33.0000 |
Other Lines of Business (Credit Card, Debit Card or Checking Account Group Policies) Review Standards Checklist CC |
|
33.0000 |
Other Lines of Business (Miscellaneous forms) |
Form Filing Compliance Questionnaires
As previously noted, submission of available compliance questionnaires is mandatory if the contents of the filing refers to or should have referred to a specific review standard listed in the review standards checklist.
| Title & Links | Instructions |
|---|---|
|
Claims Made Policies Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains one or more forms written on a Claims-Made basis. |
|
Amended! Commercial Auto Declarations Page Form Filing Compliance Questionnaire Word | PDF |
Complete this compliance questionnaire if the filing contains a declarations page for Commercial Automobile. |
|
Commercial Auto Liability and Physical Damage Coverages Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains one or more forms that provide coverage for Commercial Automobile Liability and/or Physical Damage. |
|
Commercial Liability Insurance Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing containing forms for Commercial Liability (except Commercial Automobile Liability, which has its own separate compliance questionnaire). This also includes, but is not limited to, Legal Services, Directors & Officers, Employee Benefits, Commercial Excess, Commercial Umbrella and Employment Practices insurance and policies issued to Purchasing Groups. If the form contains Legal Services insurance, the Legal Services Insurance Form Filing Compliance Questionnaire should also be completed. |
|
Commercial Lines Cancellation and Nonrenewal Form Filing Compliance Questionnaire (NYIL §3426) Word | PDF |
This compliance questionnaire should be included in any Commercial lines filing that contains (or should contain) cancellation and nonrenewal provisions. |
|
Commercial Lines Property Insurance Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing containing Commercial Property forms including, but not limited to, Group Property policies, NYPIUA policies, Credit Property policies and Forced Fire policies. For Credit Property forms, the Credit Property Insurance Form Filing Compliance Questionnaire should also be completed. For Forced Fire forms, the Forced Fire Insurance Filing Compliance Questionnaire should also be completed. Note also that this compliance questionnaire does not apply to Commercial Auto Physical Damage coverage. Complete the Commercial Auto Liability and Physical Damage Coverages Form Filing Compliance Questionnaire for this line. |
|
Credit Card, Debit Card or Checking Account Group Policies Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains Credit Card, Debit Card or Checking Account Group forms. |
|
Credit Property Insurance Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains Credit Property forms. In addition, the Commercial Lines Property Form Filing Compliance Questionnaire should also be completed. |
|
Defense-Within-Limits Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains forms with a defense cost offset provision against the liability limits or the deductible, forms containing a separate defense limit for UST owners/operators, or forms providing Legal Services insurance. If the form contains Legal Services insurance, the Legal Services Insurance Form Filing Compliance Questionnaire should also be completed. |
|
Excess Workers' Compensation Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains forms and/or rates for Excess Workers' Compensation insurance. |
|
Financial Guaranty Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains forms for Financial Guaranty insurance. |
This compliance questionnaire should be included in any filing that contains forms and/or rates for Gap insurance, including Lessor/Lender Gap policies and Consumer Gap policies. |
|
|
Legal Services Insurance Form Filing Compliance Questionnaire (Regulation 162) Word | PDF |
This compliance questionnaire should be included in any filing that contains forms providing Legal Services insurance, including coverage for administrative proceedings, claims seeking injunctive or other nonpecuniary relief, and defense of allegations that are excluded. |
|
Mortgage Guaranty Form & Supplemental Rate Filing Compliance Questionnaire Word | PDF |
This is a combined compliance questionnaire for Mortgage Guaranty forms and rates. If the filing contains both forms and rates, complete sections I and II. If the filing contains forms only, complete section I. |
|
Personal Auto Cancellation and Nonrenewal Form Filing Compliance Questionnaire (NYIL §3425) Word | PDF |
This compliance questionnaire should be included in any Personal Auto form filing that contains (or should contain) cancellation and nonrenewal provisions. For purposes of this compliance questionnaire, "auto" includes motorcycles and motor homes. For all other Personal Lines insurance, complete the Personal Lines (other than auto) Cancellation & Nonrenewal Form Filing Compliance Questionnaire. |
|
Personal Auto Declarations Page Form Filing Compliance Questionnaire Word | PDF |
Complete this compliance questionnaire if the filing contains a declarations page for Personal Auto. For purposes of this compliance questionnaire, "auto" includes motorcycles and motor homes. |
|
Personal Auto Liability and Physical Damage Coverage Form Filing Compliance Questionnaire (Regulation 35-A) Word | PDF |
This compliance questionnaire should be included in any filing that contains one or more forms that provide coverage for Personal Automobile Liability and/or Physical Damage. For purposes of this compliance questionnaire, "auto" includes motorcycles and motor homes. |
|
Amended! |
This compliance questionnaire should be included in any filing that contains forms for Personal Liability and/or Personal Umbrella. |
|
Amended! |
This compliance questionnaire should be included in any Personal Lines (other than auto) form filing that contains (or should contain) cancellation and nonrenewal provisions. For Personal Auto, complete the Personal Auto Cancellation & Nonrenewal Form Filing Compliance Questionnaire. |
|
Personal Lines Property Insurance Form Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing containing Personal Property forms, including NYPIUA policies. |
|
Product or System Group Policies Filing Compliance Questionnaire (Regulation 167) Word | PDF |
This compliance questionnaire should be included in any filing containing rates and/or forms for Product or System Group policies. |
|
Standard Fire Policy Form Filing Compliance Questionnaire (NYIL §3404) Word | PDF |
This compliance questionnaire should be included in any filing containing the Standard Fire Policy. |
This is simply a blank form that can be used to provide additional references to forms or comments pertaining to the filing that could not be provided in the other compliance questionnaires. |
Rate Filing Compliance Questionnaires
As previously noted, submission of available compliance questionnaires is mandatory if the contents of the filing refers to or should have referred to a specific review standard listed in the review standards checklist.
| Title & Links | Instructions |
|---|---|
This compliance questionnaire should be included in any filing that contains forms and/or rates for Gap insurance, including Lessor/Lender Gap policies and Consumer Gap policies. |
|
|
Excess Workers' Compensation Filing Compliance Questionnaire Word | PDF |
This compliance questionnaire should be included in any filing that contains forms and/or rates for Excess Workers' Compensation insurance. |
|
Mortgage Guaranty Form & Supplemental Rate Filing Compliance Questionnaire Word | PDF |
This is a combined compliance questionnaire for Mortgage Guaranty forms and rates. If the filing contains both forms and rates, complete sections I and II. If the filing contains rates only, complete section II. |
|
Amended! |
This compliance questionnaire should be included in any filing containing a Multi-Tier program for personal automobile policies. |
|
Product or System Group Policies Filing Compliance Questionnaire (Regulation 167) Word | PDF |
This is a combined compliance questionnaire for Product or System Group forms and rates. If the filing contains both forms and rates, complete all sections of the compliance questionnaire. If the filing contains rates only, complete sections III and V. |
This checklist is mandatory for all rate, rating plan, and rating rule filings. Please refer to the checklist and the related instructions |
|
|
Report of Changes In Rates, Prospective Loss Costs and Rating Rules (NYSID Form 129-B) Word | PDF |
Completion of this form is mandatory for any filing containingrates, rules, classifications, territories, or rating plans. Refer to Regulation 129, and Department Circular Letter No. 19 (1992) which contains detailed instructions for the completion of specific sections of these form. |
This is simply a blank form that can be usedto provide additional references to exhibits or comments pertaining to the filing that could not be provided in the other compliance questionnaires. |
|
|
Workers' Compensation Managed Care Premium Credit Programs Filing Compliance Questionnaire Word | PDF |
Complete this compliance questionnaire for any Workers' Compensation program providing a Managed Care Credit. |
