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BILL AS PASSED BY HOUSE 2007-2008

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H.704

AN ACT RELATING TO NOTICES OF TRANSFER BY AN INSURER TO AN AFFILIATE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  8 V.S.A. § 3882(c) is added to read:

(c)  An insurer may transfer a policy to an affiliate, as defined by subdivision 3681(1) of this title, upon expiration of the policy without providing notice of nonrenewal, provided that:

(1)  the rating by A. M. Best or a similarly qualified rating service of the affiliate is equal to or better than the transferring insurer;

(2)  there is no diminution in the terms and conditions of coverage; and

(3)  notice of the transfer is provided to the insured at least 45 days prior to the transfer by first class mail, and in connection with such notice the insurer:

(A)  complies with any requirements of federal law relating to notice of adverse credit determination;

(B)  includes in the notice of transfer a telephone number of the insurer, or the producer, if any, and a toll free telephone number of the insurer in the case of personal lines policies, where the insured can learn additional information concerning the transfer and the reasons for the transfer; and

(C)  complies with the other provisions of this section relating to renewal policies.

Sec. 2.  8 V.S.A. § 4225a is added to read:

§ 4225a.  RENEWAL POLICIES

(a)  If the insurer has the necessary information to issue the renewal policy, the insurer shall confirm in writing at least 45 days prior to expiration its intention to renew the policy and the premium at which the policy is to be renewed.  The insured shall have the right to renew the policy at this premium.

(b)  An insurer not complying with subsection (a) of this section shall grant its insured renewal coverage at the rate or premium in effect under the expiring or expired policy or at rates lawfully in effect on the expiration date, which have been approved by the commissioner.  This shall be done on a pro rata basis and shall continue for 45 days after the insurer confirms renewal coverage and premium.  This subsection shall not apply if the insured accepts the renewal policy.

(c)  An insurer may transfer a policy to an affiliate, as defined by subdivision 3681(1) of this title, upon expiration of the policy without providing notice of nonrenewal, provided that:

(1)  the rating by A. M. Best or a similarly qualified rating service of the affiliate is equal to or better than the transferring insurer;

(2)  there is no diminution in the terms and conditions of coverage; and

(3)  notice of the transfer is provided to the insured at least 45 days prior to the transfer by first class mail, and in connection with such notice the insurer:

(A)  complies with any requirements of federal law relating to notice of adverse credit determination;

(B)  includes in the notice of transfer a telephone number of the insurer, or the producer, if any, and a toll free telephone number of the insurer in the case of personal lines policies, where the insured can learn additional information concerning the transfer and the reasons for the transfer; and

(C)  complies with the other provisions of this section relating to renewal policies.

Sec. 3.  8 V.S.A. § 4715(c) is added to read:

(c)  An insurer may transfer a policy to an affiliate, as defined by subdivision 3681(1) of this title, upon expiration of the policy without providing notice of nonrenewal, provided that:

(1)  the rating by A. M. Best or a similarly qualified rating service of the affiliate is equal to or better than the transferring insurer;

(2)  there is no diminution in the terms and conditions of coverage; and

(3)  notice of the transfer is provided to the insured at least 45 days prior to the transfer by first class mail, and in connection with such notice the insurer:

(A)  complies with any requirements of federal law relating to notice of adverse credit determination;

(B)  includes in the notice of transfer a telephone number of the insurer, or the producer, if any, and a toll free telephone number of the insurer in the case of personal lines policies, where the insured can learn additional information concerning the transfer and the reasons for the transfer;

(C)  complies with the other provisions of this section relating to renewal policies.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us