North Carolina Administrative Code

11 NCAC 10 .0712 FORM E History Note: Authority G.S. 58-436; 58-437; 58-438; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Repealed Eff. April 1, 2001.

11 NCAC 10 .0713 FORM E-1 History Note: Authority G.S. 58-2-40; 58-21-80; 58-21-85; 58-21-90; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017; E…

11 NCAC 10 .0714 FORM: INSTRUCTIONS/REQUIREMENTS/SURPLUS LINES COMPANY History Note: Authority G.S. 58-2-40; 58-21-65; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Repeal Eff. July 1, 2012.

11 NCAC 10 .0715 ADJUSTMENT OF LOSSES FOR UNAUTHORIZED COMPANY History Note: Authority G.S. 58-51; Eff. February 1, 1976; Readopted Eff. July 11, 1978; Amended Eff. July 1, 1986; Repealed Eff. April 1, 1992.

11 NCAC 10 .0716 FORM SL-3: CORPORATE LICENSE APPLICATION History Note: Authority G.S. 58-433; Eff. July 1, 1986; Repealed Eff. April 1, 1992.

11 ncac 10 .0717 SURPLUS LICENSEE REPORT In addition to the information specified in G.S. 58-21-35(a), the report required by G.S. 58-21-35(a) shall contain the kind of insurance placed by the licensee, the zip code of the location of the risk, and the amount of any additional or…

11 ncac 10 .0718 "FORM F" REPORT History Note: Authority G.S. 58-2-40; 58-21-35; Eff. April 1, 2001; Amended Eff. December 1, 2007; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

11 NCAC 10 .0805 PPNF AUTO INSURANCE STATISTICAL AGENTS - REPORTS History Note: Authority G.S. 58-9; 58-25.1; 58-124.18(d); 58-131.50; Eff. September 30, 1981; Repealed Eff. January 1, 1989.

11 NCAC 10 .0806 CHANGES IN FILED INFORMATION History Note: Authority G.S. 58-2-40; 58-40-55; 58-40-60; Eff. January 1, 1989; Repealed Eff. October 1, 2006.

11 NCAC 10 .0904 PROHIBITED PRACTICES History Note: Authority G.S. 58-9; 58-131.44; Eff. July 11, 1978; Repealed Eff. July 1, 1988.

11 NCAC 10 .0905 INSURER'S REPORT ON INSURANCE ADVISORY ORGANIZATIONS History Note: Authority G.S. 58-9; 58-131.41; 58-131.44; Eff. July 11, 1978; Repealed Eff. January 1, 1989.

SECTION .1000 - LICENSING OF JOINT UNDERWRITING ORGANIZATIONS 11 NCAC 10 .1001 GENERAL INFORMATION History Note: Authority G.S. 58-2-40; 58-40-60; Eff. July 11, 1978; Amended Eff. February 1, 1991; January 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantiv…

11 NCAC 10 .1002 PROCEDURE FOR APPLICATION OF NEW LICENSE Joint underwriting organizations and joint reinsurance organizations not previously licensed shall submit the fee set forth in G.S. 58-6-7 and an application, including, but not limited to: (1) the name and address of the …

11 NCAC 10 .1003 CHANGES IN FILED INFORMATION Any change in or amendment to any document described in Rules .1002 or .1007 of this Section shall be promptly filed with the commissioner. History Note: Authority G.S. 58-2-40; 58-40-60; Eff. July 11, 1978; Amended Eff. January 1, 19…

11 NCAC 10 .1004 PROHIBITED PRACTICES No joint underwriting organization shall engage in any unfair or unreasonable practices. History Note: Authority G.S. 58-2-40; 58-40-60; Eff. July 11, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Ef…

11 NCAC 10 .1005 INSURER'S REPORT ON UNDERWRITING ORGANIZATIONS History Note: Authority G.S. 58-9; 58-131.45; Eff. July 11, 1978; Repealed Eff. January 1, 1989.

11 NCAC 10 .1006 FORM: LICENSE CERTIFICATE History Note: Authority G.S. 58-2-40; 58-40-60 Eff. January 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017; Expired Eff. December 1, 2024 pursuant to G.S. 150B-21.3A.

11 NCAC 10 .1007 RENEWAL LICENSE FEE FOR LICENSED ORGANIZATIONS The renewal license fee set forth in G.S. 58-6-7 shall be paid annually to the commissioner before March 1 of each year. The renewal license application shall include, but not be limited to: (1) the name and address …

SECTION .1100 - RATE FILINGS 11 NCAC 10 .1101 PURPOSE The purposes of this Section are the following: (1) To expedite the review of rate filings so that statutory time limits can be met; (2) To avoid the time and expense of unnecessary and duplicative data requests; (3) To provid…

11 NCAC 10 .1102 APPLICABILITY The following Subparagraphs indicate which Rules of this Section apply to a particular filing. All rate filings must be submitted separately and under independent cover from form filings. (1) Rule .1111 applies to all workers' compensation insurance…

11 NCAC 10 .1103 WORKERS' COMPENSATION History Note: Authority G.S. 58-2-40; 58-36-15(h); Eff. January 1, 1989; Amended Eff. October 1, 1990; Repealed Eff. February 1, 1996.

11 NCAC 10 .1104 NONFLEET PRIVATE PASSENGER AUTOMOBILE The information required by N.C.G.S. 58-36-15(h) for nonfleet private passenger automobile rate filings shall be presented as follows: Note: If data required by this Rule, other than that specified in Subparagraph (3)(c), are…

11 NCAC 10 .1105 OTHER RATE BUREAU LINES The information required by N.C.G.S. 58-36-15(h) for rate filings made by the North Carolina Rate Bureau affecting other than workers' compensation or nonfleet private passenger automobile policies shall be presented as follows: Note: If t…

11 NCAC 10 .1106 DEVIATIONS FROM RATES OF THE NORTH CAROLINA RATE BUREAU (a) Definitions: (1) Rate deviation refers to the entire collection of differences from the Rate Bureau rates and rating plan that a company has implemented or proposes to implement. Deviation and aggregate …

11 NCAC 10 .1107 COMMERCIAL LINES QUESTIONNAIRE The information required by G.S. 58-41-50 for those lines of business described in 11 NCAC 10 .1102 (5) shall be submitted by the completion of a Rate/Loss Cost Filing Questionnaire and the necessary supplementary exhibits to which …

11 NCAC 10 .1108 NONESSENTIAL LINES ADDITIONAL DATA For those filings meeting one or more of the criteria described in Rule .1102(5) of this Section, the Commissioner may request, in addition to the Rate Filing Questionnaire described in Rule .1107 of this Section, that all or pa…

11 NCAC 10 .1109 RATING ORGANIZATIONS All rating organizations participating in a filing submitted by the North Carolina Rate Bureau or the North Carolina Reinsurance Facility shall provide the following items to the Department within 30 days after the filing has been made: (1) G…

11 NCAC 10 .1110 WORKERS' COMPENSATION LOSS COSTS QUESTIONNAIRE For those filings made in accordance with 11 NCAC 10 .1102(15), supporting information shall be presented as follows: (1) Reference Filing Adoption Form: (a) Insurer's name. (b) Contact person for filing. (c) Title o…

11 NCAC 10 .1111 WORKERS' COMPENSATION The following information is required pursuant to G.S. 58-36-15(h) for those filings made under G.S. 58-36-100: (1) North Carolina losses and loss adjustment expenses, each on paid and incurred bases without trending or other modification fo…

11 NCAC 10 .1112 ACTUARIAL CERTIFICATION Each rate deviation filing made under G.S. 58-36-30 shall be accompanied by an actuarial certification that the deviation is based on sound actuarial principles. History Note: Authority G.S. 58-2-40; 58-36-30; Eff. July 18, 2002; Pursuant …

11 NCAC 10 .1113 REFERENCE FILINGS With the exception of flood insurance written in accordance with Federal Emergency Management Agency requirements, or with the requirements of any successor agency, rate filings, including loss costs multipliers, by reference are not permitted. …

11 NCAC 10 .1114 TRANSMITTAL HEADER All rate filings shall be accompanied by a transmittal header, which shall include the company name, company state of domicile, NAIC number, company filer contact information, and filing information. The transmittal header is available at the D…

SECTION .1200 - FORMS FILINGS 11 NCAC 10 .1201 GENERAL REQUIREMENTS (a) Insurers, licensed advisory organizations, joint underwriting associations, and reinsurance organizations shall submit form filings under independent cover separate from rate and rule filings, which shall be …

11 NCAC 10 .1202 REFERENCE FILINGS With the exception of Flood Insurance written in accordance with Federal Emergency Management Agency (FEMA) requirements, form filings by reference are not permitted. If an insurer adopts a form that has been promulgated by a licensed bureau, li…

11 NCAC 10 .1203 LETTER OF TRANSMITTAL History Note: Authority G.S. 58-9; 58-54; 58-124.17; 58-124.28; 58-131.34; 58-131.60; 58-148; 58-157; 58-180.2; 58-248.2; 58-248.40; Eff. January 1, 1989; Repealed Eff. August 1, 2002.

11 NCAC 10 .1204 PROHIBITED POLICY PROVISIONS Policy forms will be disapproved if they contain any of the following kind of policy provisions: (1) a provisions that the application is a consideration of coverage; unless the application is physically attached to the policy; (2) a …

11 NCAC 10 .1205 ESSENTIAL LINES - N.C. RATE BUREAU (BUREAU) (a) All policy forms used by members of the North Carolina Rate Bureau shall be filed by the bureau and approved by the commissioner prior to their use. (b) When the bureau is filing a modification to an existing form, …

11 NCAC 10 .1206 COMMERCIAL LINES All licensed insurance companies or any other licensed entity filing forms for coverages governed by G.S. 58, Articles 40 and 41 shall: (1) complete a transmittal header as prescribed in 11 NCAC 10 .1209; (2) complete the Questionnaire as prescri…

11 NCAC 10 .1207 FORM(S) QUESTIONNAIRE All Property and Casualty Insurance Companies shall submit the following information with all forms filings on a form prescribed by the commissioner: (1) name of the filer; (2) Federal Employer's 11 Digit Number; (3) filer's file number; (4)…

11 NCAC 10 .1208 HEALTH CARE PROVIDER DEFINED; CGL POLICIES As used in G.S. 54-40-140, "health care provider" includes any person who, under G.S. 90 is licensed, registered, or certified to engage in the practice of or performs duties associated with any of the following: medicin…

11 NCAC 10 .1209 TRANSMITTAL HEADER All form filings shall be accompanied by a transmittal header, which shall include the company name, company state of domicile, NAIC number, company filer contact information, and filing information. The transmittal header is available at the D…

SECTION .1300 - NORTH CAROLINA JOINT UNDERWRITING ASSOCIATION 11 NCAC 10 .1301 RATES: RATING PLANS: RATING RULES AND FORMS APPLICABLE Unless otherwise approved by the commissioner, the rates, rating plans, rating rules and forms applicable shall be in accordance with the most rec…

11 NCAC 10 .1302 CHANGE TO RATES: RATING PLANS: RATING RULES: FORMS APPLICABLE Unless otherwise approved by the commissioner, any changes to the manual rates, rating plans, rating rules and forms promulgated by either the North Carolina Rate Bureau or the Insurance Services Offic…

11 NCAC 10 .1303 LOSS COST RATE FILINGS If the North Carolina Rate Bureau or the ISO Commercial Risk Services, Inc. makes a loss cost rate filing that requires the N.C. Joint Underwriting Association to make a filing in order to have final rates, the Association must make its fil…

SECTION .1400 - NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION 11 NCAC 10 .1401 RATES: RATING PLANS: RATING RULES AND FORMS APPLICABLE Unless otherwise approved by the commissioner, the rates, rating plans, rating rules and forms applicable shall be in accordance with the most…

11 NCAC 10 .1402 CHANGES TO RATES: RATING PLANS: RATING RULES: FORMS APPLICABLE Unless otherwise approved by the commissioner, any change to the manual rates, rating plans, rating rules and forms promulgated by either the North Carolina Rate Bureau or the Insurance Services Offic…

11 NCAC 10 .1403 LOSS COST RATE FILINGS If the North Carolina Rate Bureau or ISO Commercial Risk Services, Inc. makes a loss cost rate filing that requires the N.C. Insurance Underwriting Association to make a filing in order to have final rates, the Association must make its fil…

11 NCAC 10 .1505 FUNCTION OF SECTION History Note: Authority G.S. 57-10; 57A-18; 58-7.3; 58-9; 58-9.2; 58-16; 58-25; 58-25.1; 58-26; 58-27; 58-296; Eff. December 15, 1979; Transferred from T11.04 .0200 Eff. August 14, 1986; Repealed Eff. July 1, 1988; Transferred from T11.11G Eff…

SECTION .1600 - PROSPECTIVE LOSS COSTS FILINGS 11 NCAC 10 .1601 PURPOSE; SCOPE; APPLICABILITY (a) This Section specifies the system under which rating organizations and their participating insurers that elect to adopt a prospective loss cost system will operate. Under this system…

11 NCAC 10 .1602 DEFINITIONS As used in this Section: (1) "Developed losses" means losses (including loss adjustment expenses) adjusted, using standard actuarial techniques, to eliminate the effect of differences between current payment or reserve estimates and those needed to pr…