HB 773 — Commercial Lines Modernization Act; enact.

HB 773 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Ford (54th) House Bill 773 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTION 83-2-7, MISSISSIPPI CODE OF 1972, TO ENACT THE COMMERCIAL LINES MODERNIZATION ACT;

TO AMEND SECTION 83-2-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF INSURANCE TO ADOPT RULES AND REGULATIONS TO ESTABLISH THE CRITERIA AND PROCEDURES FOR DETERMINING WHEN A RATE FILING SHOULD BE SUBMITTED TO AN ACTUARY FOR REVIEW;

TO AMEND SECTION 45-45-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OWNER OF AN ELEVATOR THAT SERVES ONLY TWO ADJACENT FLOORS MAY REQUEST AN EXEMPTION FROM THE ANNUAL INSPECTION REQUIREMENT UNDER THE MISSISSIPPI CONVEYANCE SAFETY ACT PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER OF INSURANCE;

     (5)  Subject to the provisions of subsections (6), (7) and (8) of this section, rates and supplementary rate information for the following commercial lines insurance coverages shall be exempt from filing and approval requirements.  However, the rates shall remain subject to the standards set forth in Section 83-2-3.  Policy forms and endorsements for the following commercial lines insurance coverages must be filed with the commissioner within sixty (60) days of use for informational purposes only.only:

     SECTION 2.  ThisSection act83-2-3, shallMississippi takeCode effectof and1972, beis inamended forceas fromfollows: and after July 1, 2020.

     83-2-3.  (1)  Rates shall comply with the following standards:

          (a)  Rates shall not be excessive, inadequate or unfairly discriminatory.            (b)  A rate is excessive if it is likely to produce a profit that is unreasonably high for the insurance provided or if the expense provision included therein is unreasonably high in relation to the services rendered.            (c)  A rate is inadequate if it threatens the solvency of the insurance company or tends to create a monopoly.            (d)  Unfair discrimination exists if, after allowing for practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses.  A rate is not unfairly discriminatory because different premiums result for policyholders with like loss exposures with different expenses, or like expenses but different loss exposures, so long as the rate reflects the differences with reasonable accuracy.       (2)  In determining whether rates comply with the standards set forth in subsection (1), the following criteria shall apply:

          (a)  Due consideration shall be given to past and prospective loss and expense experience within and outside this state;

to catastrophe hazards;

to any residual market loss redistributions and other similar obligations;

to a reasonable provision for profit and contingencies;

to trends within and outside this state;

to loadings for leveling premium rates over a reasonable period of time or for dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers;

and to all other relevant factors, including the judgment of the filer.            (b)  Risks may be classified in any reasonable way for the establishment of rates except that no risks may be grouped by classifications based, in whole or in part, on race, color, creed, or national origin of the risk.  Rates may be modified for individual risks in accordance with rating plans or schedules which provide for recognition of probable variations in hazards, expenses or both.            (c)  The systems of expense provisions included in rates for use by an insurer or group of insurers may differ from those of other insurers or group of insurers to reflect the operating methods of such insurer or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof.

            (d)  Any homeowners' insurance policy filed with the Commissioner of Insurance that offers a percentage deductible for the peril of windstorm from a named storm shall offer a buy-back provision for that deductible which is actuarially sound;

however, the Commissioner of Insurance may grant a waiver from the mandatory buy-back provision in accordance with the following procedure and criteria:

              (i)  An insurance company shall make a formal filing requesting a waiver from the buy-back provision requirement with the Commissioner of Insurance.                (ii)  An insurance company shall submit written proof in its formal filing as to why it is in the best interest of Mississippi policyholders to receive a waiver from the buy-back provision requirement and shall provide any supporting documentation requested by the commissioner deemed appropriate to make his decision.                (iii)  All expenses incurred by the Commissioner of Insurance or his designee in determining the validity of the waiver request shall be borne by the petitioning insurer.  Such expenses may include, but not be limited to, the cost of reviewing the filing by actuaries, and if the commissioner deems a public hearing appropriate, the cost of a facility, the cost of publicity and the cost of a court reporter for the hearing.

          (e)  The commissioner shall establish by regulation uniform policy language regarding the applicability of hurricane deductibles and the form of notice to be provided to an insured under a homeowner's insurance policy by an insurer utilizing a hurricane deductible program or programs.  The term "hurricane," for the purpose of a hurricane deductible program, means a storm system that has been declared to be a hurricane by the National Hurricane Center of the National Weather Service.  The duration of the hurricane includes the time period, in Mississippi:

              (i)  Beginning at the time a hurricane watch or hurricane warning is issued for any part of Mississippi by the National Hurricane Center of the National Weather Service;

              (ii)  Continuing for the time period during which the hurricane conditions exist anywhere in Mississippi;

and               (iii)  Ending twenty-four (24) hours following the termination of the last hurricane watch or hurricane warning issued for any part of Mississippi by the National Hurricane Center of the National Weather Service.

     (3)  To ensure the most appropriate use of state resources with respect to the engagement of actuarial services for the review of rate filings under this chapter, the commissioner may adopt rules and regulations to establish the criteria and procedures for determining when a rate filing should be submitted to an actuary for review.

     SECTION 3.  Section 45-45-27, Mississippi Code of 1972, is amended as follows:

     45-45-27.  (1)  It shall be the responsibility of the owner of all new and existing conveyances located in any building or structure to have the conveyance inspected annually (ASME A17.1/CSA B44, category one) by a licensed elevator inspector who shall supply the property owner or lessee and the licensing authority with a written inspection report that describes any and all code violations.  However, if the conveyance is an elevator that serves only two (2) adjacent floors, the owner may request an exemption from the annual inspection requirement pursuant to rules and regulations promulgated by the commissioner governing said exemption.  Property owners shall have thirty (30) days from the date of the published inspection report to be in full compliance with correcting the violations.

     (2)  (a)  It shall be the responsibility of the owner of all conveyances to hire an elevator contractor or a limited elevator contractor to supervise the required tests at intervals in compliance with the ASME A17.1/CSA B44 Appendix N, ASME A18.1 and ASCE 21.

          (b)  All tests shall be performed by a licensed elevator mechanic.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2020.