IMPORTANT NOTICE: Regulation 195 (11 NYCRR Part 6) was adopted on November 27, 2019 to become effective May 25, 2020. The regulation requires, among other things, that rate, rating plan, rating rule, rating manual, rating classification, territory, or insurance contract or policy form filings must be submitted to the Department through SERFF. See §6.2(a)(2) of the regulation. Effective May 25, 2020, the Property Bureau will no longer accept these filings made in paper or any manner other than SERFF, except for an assessment cooperative insurer, or where an exemption has been granted for a specific submission pursuant to §6.3 of the Regulation.

Exemption Requests should be made to:

New York State Department of Financial Services
Property Bureau - 6th Floor
One State Street
New York, NY 10004
Attn: MARS Unit

All policies and guidelines provided for SERFF filings must be followed for paper filings as applicable.  This information, and all forms for filing referred to below, including Review Standards Checklist & Compliance Questionnaires, may be found on the page Guidelines for Rate, Form, Territory, Classification and Rule Filings Submitted via SERFF.

1. Filings should be addressed to:

   New York State Department of Financial Services
   Property Bureau
   Preparation & Analysis Unit
   One State Street, 6th Floor
   New York, NY 10004-2319

2. Circular Letter No. 5 (2009) advises that the Property & Casualty Transmittal Document should be completed for all submissions of paper filings. See SECTION II PROPERTY & CASUALTY TRANSMITTAL DOCUMENT below.
3. Insurers or their authorized representatives should submit filings with sufficient time prior to the proposed implementation date to permit review of the filing by Department staff.
4. The entire filing should be submitted in DUPLICATE except a filing related to automobile insurance should be submitted in TRIPLICATE.
5. If you wish to have the receipt of a filing acknowledged, please refer to Supplement No. 1 to Circular Letter No. 11 (1998), issued on November 10, 1998.
6. Filings made by entities that do not have an NAIC # (Company Code): Below are Department Entity Codes to be used by entities that do not have an NAIC # (Company Code) when submitting filings. For all new rates, forms, territories, classifications or rules submitted by any of the entities listed in the table below the designated Dept. Entity Code should be entered in the “NAIC #” field on the Property & Casualty Transmittal Document. If a Dept. Entity Code is not listed contact Alan Goren by phone at (212) 480-5587 or email to obtain instructions on how to submit the filing.
   However, for any insurer or other entity that submits a paper filing in lieu of a SERFF filing for any policy form, rate and/or rule, the guidelines, requirements and other instructions that must be complied with are described below. 

The Property & Casualty Transmittal Document is required to be completed for all paper submissions of filings.

The Property & Casualty Transmittal Document will facilitate handling of paper filings by the Department. The use of a uniform transmittal document will streamline the process of capturing necessary data and other key information related to the filing. Currently, insurers that use the paper filing method provide this important information in various formats and in various documents within a filing.

Credit Scoring Model filings:

Follow all directions provided under Section VI of the SERFF filings page.

Instructions for the Property & Casualty Transmittal Document:
Note, an asterisk "*" on the form denotes a required field on the Property & Casualty Transmittal Document.

1. General Information 

   Fields 1 through 19 on the first two pages of the Property & Casualty Transmittal Document are for general information about the filing. These fields must be completed by all filers.

   1. Group Name and Group NAIC # as assigned by NAIC.
   2. Company Name(s), State of Domicile, NAIC #, FEIN#: Every company to which this filing applies must be listed and the company information must be supplied. A filing that lists a group without supplying company info will not be accepted. If the company does not have an NAIC # please follow the instructions in Section I, (A) (6) above.
   3. Company Tracking Number: The filing number assigned by the insurance company, if any.
   4. Contact Information: The company must supply the information on the person the Department should contact if there is a question/problem with the filing.
      Third-Party Filer: Use check boxes to indicate “Yes” or “No”. If “Yes” complete the name of the Third-Party entity
   5. Date submitted: The date the company sends the filing.
   6. Are you making this filing on a Speed-To-Market basis: Use check boxes to indicate “Yes” or “No”. For information regarding Speed-To-Market, please review Supplement No. 5 to Circular Letter No. 11 (1998), issued on March 21, 2003.
   7. Effective Date(s) Requested: This is the effective date the company requested when they made the filing. It is not necessarily the date the filing officially becomes effective. This is also where the company can indicate the different effective dates for new or renewal business.
   8. Type of Insurance (TOI): The general type of insurance applicable to the filing. This roughly corresponds to the annual statement line of business.
   9. Sub-type of Insurance (Sub-TOI): The specific sub type of insurance or product type applicable to the filing.
   10.  
       1. Are you making an informational-only filing?: Use check boxes to indicate “Yes” or “No”.
       2. Filing Type: Choices are Rate; Rules; Rates/Rules; Forms; Forms/Rates, Forms/Rules, Combination Rates/Rules/Forms, FTZ Class 3 Certificate of Insurance, FTZ Class 3 Form.
          • If the filing type is Rules, then the filer must answer whether any of these rules contain a rate effect by checking the box indicating “Yes” or “No”.
          • If the filing type is Form/Rules, then the filer must answer whether any of these rules contain a rate effect by checking the box indicating “Yes” or “No”.
   11. Product Name: Marketing title, if applicable.
   12. Project Name: Project name, if applicable
   13. Project Number: Project number, if applicable
   14. Domicile Status: Place for the company to show if filing has been filed in its domiciliary state and its status. Comments must be supplied if the Domicile Status is Disapproved.
   15. RSO Reference Filing: Use check boxes to indicate “Yes” or “No”. For adoption of RSO filings answer “Yes”, and complete items #16, #17, and #18.
   16. Reference Organization (if applicable): The name of the advisory organization—i.e. ISO, NCCI, AAIS, etc.
   17. Reference Organization # (if applicable): This is the unique number that the reference organization gives to the filing. It is generally not the same number as the circular number.
   18. Reference Organization Title (if applicable): This is the title the reference organization gives to the filing.
   19. Filing Description: This area is to be used in lieu of a cover letter or filing memorandum and is free-form text. The Filing Description should clearly explain the intent of the filing and highlight any substantive changes (such as changes in rate making methodology or major coverages provided). If more details are required, you may attach a supplementary explanatory memorandum to the Property and Casualty Transmittal Document.

2. Form Schedule

   The form filing schedule must be completed for all form filings.

   1. This filing transmittal is part of Company Tracking #: This number ties all of the pages of the transmittal to the same filing.
   2. This filing corresponds to the companion rate/rule filing number: If the company is submitting the rates/rules and forms separately, please indicate the company tracking number for the associated rate/rule filing.

   3. Form Name, Form #, Edition Date, Form Type/Description: This is a list of forms being filed. Complete this information for each form included in the filing.

      Form Action: Use the check boxes to indicate if this is a new form, replacement form, or a withdrawal of an existing form.

      If replacement give Form # it replaces: If this is a replacement form, please provide the form number of the form that is being replaced.

      Previous filing # if previously submitted: The Department filing number of the previous submission.

      Readability Score: If applicable, please provide the readability score.

3. Rate Data Schedule 

   The rate data schedule must be completed for all rates and/or rating rules filings.

   1. This schedule transmittal is part of Company Tracking #: This number ties all of the pages of the transmittal to the same filing.
   2. This filing corresponds to Form filing number: If the company is submitting the rates/rules and forms separately, please indicate the company tracking number for the associated form filing.
   3. Filing Method of this Filing (Prior Approval, File & Use, Informational, Use & File): This is the review method for which the filing is being submitted.
   4. Is this Filing Subject to Flex Rating?: Use check boxes to indicate “Yes” or “No”. For information regarding flex rating, please review Regulation 129 (11 NYCRR 161).
   5. Rate Change Type: Use check boxes to indicate if this is a rate increase, a rate decrease or rate neutral. If this is a filing for a new program or this is a filing for new rates, the company should select rate neutral.
   6. Rate Change by Company (As Proposed): Complete all fields for each company included in the filing.
      1. Company Name: Name of Company.
      2. Overall % Rate Impact- This is the statewide average percentage change to the rates for the coverages included for each company.
      3. Written premium change for this program- This is the statewide dollar change in written premium for each company.
      4. # of policyholders affected for this program - This is the number of policyholders affected by the overall percentage rate impact for each company.
      5. Written premium for this program - This is the statewide written premium for each company.
      6. Maximum % Change & Minimum % Change :
         • If all the policyholders get increases, then the maximum change is the largest increase and the minimum change is the smallest increase.
         • If all the policyholders get decreases, then the maximum change is the smallest decrease and the minimum change is the largest decrease.
         • If some of the policyholders get increases and others get decreases, then the maximum change is the largest increase and the minimum change is the largest decrease.
   7. Overall percentage rate impact for this filing: This is the statewide average percentage change to the rates for the coverages included in the filing. This field only needs to be completed for group filings.
   8. Effect of Rate Filing—Written premium change for this program: This is the statewide dollar change in written premium based on the proposed overall percentage rate impact. This field only needs to be completed for group filings.
   9. Effect of Rate Filing—Number of policyholders affected: This is the number of policyholders affected by the overall percentage rate impact. This field only needs to be completed for group filings.
   10. Overall Percentage of Last Rate Revision: This is the statewide average of the last percentage change implemented in the state.
   11. Effective Date of Last Rate Revision (Renewal Business): This is the implementation date of the last overall percentage rate impact.
   12. Filing Method of Last Filing (Prior Approval, File & Use, Informational, Use & File): This is the review method for which the last filing was submitted.

4. Rate/Rule Schedule 

   The rate/rule schedule must be completed for all rate and/or rule filings

   1. This filing is part of Company Tracking #: This ties all of the pages of the transmittal to the same filing.
   2. This filing corresponds to form filing number: If the company is submitting the rates/rules and forms separately, please indicate the company tracking number for the associated form filing.
   3. Exhibit Name, Rule # or Page # Submitted for Review: This is the list of changes to the rate/rule manual. Complete this information for each rule included in the filing.

   Rule Action: Please select whether the rate/rule page is new, replacing an existing rate/rule or is being withdrawn.
   Previous State File Number: If the rate/rule page is a replacement or is being withdrawn, provide the previous state file number.

   If new form(s), territories, classification(s), or rule(s) are being filed and they are similar to ones currently approved for use by a Rate Service Organization (RSO), then Items #15, 16, 17, and 18 of the Property & Casualty Transmittal Document must be completed and the Filing Description should include the Department's "R" file number and the effective date of the approval for the applicable RSO filing. If the insurer’s filing is currently in use in another state, this should be indicated in the Filing Description.

   Requests for Confidentiality / Proprietary Material:

   Follow all directions provided under Section II.B of the SERFF filings page.

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.

The requirements listed below contain detailed instructions for specific lines of business and insurance. In addition to the General Information on Rate and Form Filings, the Review Standards Checklists outline the required minimum policy provisions, rating information and support for each line of insurance, the relevant statutes and Department Regulations necessary for the approval or acknowledgment of a filing. Space is provided for the company to indicate the location within their filing of the provisions that complies with the requirements. The Review Standards Checklists contain additional references to all pertinent Compliance Questionnaires. These "fill-in" questionnaires facilitate an "eyeball" review where the filer and reviewer may be alerted to regulatory concerns within the filing, and the statutes or regulations specifically to each standard. Submission of available review standards checklists and compliance questionnaires is mandatory with "Speed to Market" filings pursuant Supplement No. 5 to Circular Letter No. 11 (1998), and is recommended to be submitted with any other filings to facilitate review (see Section IV below).

Departmental Requirements for Individual Lines of Business and Insurance

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.

Please note that the forms, review standard checklists, and compliance questionnaires listed below are subject to revising/updating, and the addition of new forms, review standard checklists, and compliance questionnaires. A revised checklist or compliance questionnaire can be identified by its edition date in the footer. Accordingly, it is important that you visit the links on the SERFF filings page every time you need to complete and submit a form, review standards checklist, or compliance questionnaire to ensure that you are using the correct latest version.

The use of review standards checklists and compliance questionnaires are mandatory for "Speed to Market" filings pursuant to Supplement No. 5 to Circular Letter No. 11 (1998), issued on March 21, 2003, Insurers may utilize this optional procedure to further expedite the Department’s review of form, rate and rule filings. Filings submitted under this process will be given priority over other paper filings in the review process. The Department will rely on insurers’ submission of completed certificate of compliance and the completed products checklists in order to shorten the period of review.

A Speed-To-Market Filing requires the signature of an authorized officer of the company on the "Speed-To-Market" certification form(s). The Explanatory Memorandum for a filing does not require an officer's signature.

The Department will hold the officer whose signature is affixed to the "Speed To Market" certifications responsible for the representations made therein, to the same extent that the person would be held responsible were his or her wet signature affixed to a paper certification. In addition, the insurer, on whose behalf the filing is being made, will be held responsible by the Department for, and be bound by, the signatures of those officers to whom it has given authority to sign the certifications as to the representations contained therein. Insurers are expected, in light of their responsibilities in this regard, to implement internal controls and procedures for the utilization of signatures in this context to protect against unauthorized use and, to maintain a record of those officers who have been given authority to sign these certifications for the insurer.

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 Filing Description on the Transmittal 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 references 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.

*** 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. ***