Unfair Property/Casualty Claims Settlement Practices


230-RICR-20-40-2 PROPOSED RULE

Title 230 Department of Business Regulation (includes the Office of the Health Insurance Commissioner)
Chapter 20 Insurance
Subchapter 40 Claims
Part 2 Unfair Property/Casualty Claims Settlement Practices
Type of Filing Direct Final Amendment
Regulation Status Proposed View Active Rule
Filing Notice Date 01/16/2020
Public Comment Dates 01/16/2020 to 02/15/2020

Regulation Authority :

R.I. Gen. Laws § 27-9.1-4

Purpose and Reason :

The rule sets forth the regulatory requirements for Unfair Property/Casualty Claims Settlement Practices. 

In the 2018 legislative session, the legislature amended the statute upon which the regulation is based by virtue of 2018 P.L. chs. 298 and 321.  Those changes were incorporated into the regulation by amendment after hearing effective June 11, 2019.  Another amendment was made to the statute in 2019 P.L. chs. 84 and 85.  When the regulation was proposed on 09/08/19 for amendment to incorporate the changes necessary by virtue of the 2019 legislative change, the 2018 amendments were inadvertently reversed.  This proposal reincorporates the necessary amendments resulting from the 2018 legislative changes, which have already been the subject of a complete rulemaking process (public comment period from 1/17/19 to 2/19/19 with a public hearing on 2/13/19). 

The Department proposes to make the following substantive changes to the regulation to comport with the statutory changes:

§ 2.3(A)(1) – the word “body” has been removed in accordance with the statutory amendment.

§ 2.3(A)(14) – the definition of “licensed motor vehicle glass repair shop” has been added.

§ 2.8(A)(3) – the phrase “of the fair market value of the motor vehicle immediately preceding the time it was damaged” has been added to provide clarification to the requirement.

§ 2.8(C)(5) – the provision has been amended to match the 2018 amendments to the statute cited above.

The Department does not expect these proposed amendments to be controversial. 

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