SENATE DOCKET, NO. 1909 FILED ON: 1/14/2009
SENATE . . . . . . . . . . . . . . No. 490
The Commonwealth of Massachusetts
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PRESENTED BY:
Joan M. Menard
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To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relating to the requirements of the private passenger auto
mobile insurance residual market plan.
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PETITION OF:
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Name:
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District/Address:
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Joan M. Menard
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First Bristol and Plymouth
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act
relating to the requirements of the private passenger automobile insurance residual market plan.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
WHEREAS Section 113H of
chapter 175 of the General Laws requires the fair and equitable apportionment of the premiums, losses and expenses of the plan among all licensed insurers writing private passenger automobile insurance in the Commonwealth;
and
WHEREAS the Commissioner of
Insurance has adopted r
ules inconsistent with this mandate in that the rules exempt n
ew market entrants from this apportionment for two years,
NOW THEREFORE
Section 113H of chapter 175 is hereby amended by striking the second sentence of Section
A(
2) and
replacing it with the following clause:
Such a plan shall provide for the fair and equitable apportionment, among all licensed insurance companies writing private passenger automobile insurance in the Commonwealth, of the premiums, losses and expenses gen
erated by the risks insured through the plan. Whether the residual market is shared by direct assignment of risks or otherwise,
the risks,
premiums, losses and expenses of the plan shall be allocated to all licensed insurers writing private passenger auto
mobile insurance in the Commonwealth
based on each insurer’s contemporaneous share of
private
passenger voluntary exposures
, and may include ceded exposures where appropriate, and as adjusted for any credits authorized by the plan,
and no exemption from su
ch allocation shall be permitted for any insurer, including new entrants to
the market, except in those instances where the Commissioner determines that the continuation of an insurer’s obligations under the plan would imminently threate
n the solvency of
s
uch insurer.
Notwithstanding any rule,
regulation,
order, ruling or decision to the contrary
, t
his amendment is to be effective immediately upon enactment
,
and the allocation of the residual market as set forth herein shall be applied to all licensed insur
ance companies that write private passenger automobile insurance in the Commonwealth, regardless of the date on which said insurer first writes such insurance.
