SB 187 (BR 1598) - R. Roeding
AN ACT relating to insurance.
Amend KRS 304.13-011 on insurance rates to amend and create definitions; amend KRS 304.13-021 to exempt title insurance, liability self-insurance groups, and wet marine and transportation insurance from the provisions of subtitle 13; amend KRS 304.13-031 to clarify what constitute excessive rates, inadequate rates, and unfairly discriminatory rates; prohibit a risk classification from being based upon race, creed, national origin, or the religion of the insured; permit the commissioner to order a refund of excessive rates; amend KRS 304.13-041 to specify information the commissioner must use in determining the competitiveness of a market; repeal and reenact KRS 304.13-051 to require the filing of every manual, underwriting guideline, minimum premium, class rate, rating schedule or rating plan, every other rating rule, and all modifications; authorize the commissioner to require the rates be based upon the insurer's own loss, special assessment, and expense information; provide for filing of rates in a competitive market and in a noncompetitive market; amend KRS 304.13-057 to require rates to be based on Kentucky experience when actuarially credible; amend KRS 304.13-061 to authorize the commissioner to assure that the experience of all insurers is made available at least annually in such form and detail as necessary to aid in determining whether rating systems comply with standards of this subtitle; authorize the commissioner and every insurer, advisory organization, and statistical agent to exchange information and experience data with insurance supervisory officials, insurers, and advisory organizations in other states; repeal and reenact KRS 304.13-071 to authorize appeal of a filing rejected by the commissioner; allow the commissioner to order discontinuance of the use of a rate that no longer meets the requirements of this chapter; amend KRS 304.13-081 to authorize the commissioner to utilize, develop, or cause to be developed a consumer information system; repeal and reenact KRS 304.13-091 to prohibit any advisory organization, statistical agent, or form provider from providing any permitted service until it has obtained a license; provide that licenses are effective for one year unless revoked or suspended; amend KRS 304.13-111 to make it applicable to statistical agents; amend KRS 304.13-121 to provide powers of advisory organizations; create new sections of subtitle 13 of KRS Chapter 304 to designate powers of statistical agents; require advisory organizations to make certain filings with the commissioner; require workers' compensation insurers to adhere to a uniform classification system and uniform experience rating system filed with the commissioner; prohibit the willful withholding of information which will affect rates or premiums or knowingly giving false or misleading information to the commissioner, any statistical agent, any advisory organization, or any insurer; amend KRS 304.13-131 to prohibit advisory organizations, in addition to insurers, from making any arrangement to unreasonably restrain trade or lessen competition; prohibit an insurer or advisory organization from attempting to monopolize an insurance market and from engaging in a boycott of a market; amend KRS 304.13-141 to authorize the commissioner to examine any statistical agent and any form provider; require statistical agents to maintain reasonable records; amend KRS 304.13-151 to provide for regulation of joint reinsurance pools; require a residual market mechanism to be submitted to the commissioner; amend KRS 304.13-350, 304.13-355, 304.13-360, and 304.13-370 on fire protection classifications to make technical change; KRS 304.14-120 to require property and casualty insurers to file forms requiring an insurer to reject coverage, remove coverage, or reduce coverage; require every advisory organization and form provider to file for approval every property and casualty policy form and endorsement.
Feb 2-introduced in Senate
Feb 4-to Banking and Insurance (S)