C. Exemptions from Filing
1. Commercial Special Risks: Please see RI General Laws § 27-65-1 et seq. for an inclusive
list of commercial lines products that are NOT subject to rate and form filing
requirements, generally including Excess and Umbrella, “A” Rates, Highly Protected
Risks, Aviation, Credit Property, Boiler and Machinery and Equipment Breakdown,
Inland Marine, Fidelity and Surety, Crime, Burglary and Theft Risks, Directors and
Officers (D&O), Fiduciary Liability, Employment Practices Liability, Kidnap and
Ransom, and Management Liability. Disclosure notices must be provided at policy
issuance and renewal and records of disclosure must be maintained by the insurer.
Disclosure notices are NOT required to be filed with the Department.
2. Exceptions under RI General Laws § 27-16-1.2: Ocean Marine and Industrial Insured
Risks are exempt from filing requirements.
3. Anti-Fraud Plans, Applications, Binders, Cancellation Notices, Certificates of Insurance,
Disclosure Notices, and Non-Renewal Notices are NOT required to be filed with the
Department. See Insurance Bulletin 2010-3 for reference.
4. Underwriting Guidelines are NOT required to be filed with the Department. If different
rating tiers are used to rate business, the insurer must have underwriting guidelines that
clearly delineate which risks are acceptable for each tier within an insurer or group of
insurers.
5. Surplus Lines: See RI General Laws §27-3-38c and 230-RICR-20-50-1 for exemption
from diligent search requirements. Private flood is now included in the list of exempt
lines. Notice must be provided on every application form, every affidavit form executed,
and every policy.
D. Prohibitions and specific statutory mandates that should be considered
when preparing filings
1) Civil unions and same sex marriage: Effective August 1, 2013, “Same Sex Marriage”
law took effect in RI, RI General Laws § 15-1-1 et seq. Please see 230-RICR-20-60-12
and Insurance Bulletin 2013-2 for filing requirements and coverage standards. Prior to 8-
1-2013, Civil Union provisions applied.
2) Commission contributions or expense modification endorsements: RI does not allow
commission contribution in rating manuals or rule filings nor do we allow agents to
negotiate rates with insureds via an expense modification endorsement. The Department
could find such practices to be in violation of rating statutes. RI issued Insurance Bulletin
2002-11 that allows net of commission filings. There is also a deregulation statute (RI
General Laws § 27-65-1) for those commercial risks that qualify for exemption from rate
and form filings. Outside of these two provisions, allowing commission contributions or
the negotiation of rates between agents and insureds could result in unfair discrimination