May 28, 2008



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COMMERCIAL LINES WIND/HAIL EXCLUSIONS
APPROVED IN ALABAMA AND MISSISSIPPI

As of June 1, 2008, new windstorm or hail exclusions will be in effect in Alabama and Mississippi under the AAIS Artisans, Businessowners, and Commercial Properties programs. The exclusions and corresponding rating information were recently approved by the insurance departments of the respective states.

In both states, exclusions allow insurers of commercial property to exclude coverage for direct damage to buildings and personal property by wind or hail. In Mississippi, one option allows insurers to exclude coverage for loss of income, as well. In Alabama, companies must follow special advance notice requirements before attaching the exclusion to a renewal policy.


NEW MINNESOTA LAW
MANDATES FLOOD NOTICES

Minnesota Gov. Tim Pawlenty recently signed a law requiring annual disclosures to homeowners policyholders concerning coverage for flood losses. (The requirement extends to mobile-homeowners policies, which are included under the definition of "homeowners insurance" in Minnesota.)

As of Aug. 1, 2008, insurers in Minnesota must provide an annual notice to each homeowners and mobile-homeowners policyholder indicating that the policy does not cover loss due to flood. The notice may inform the policyholder that the company offers flood insurance through the National Flood Insurance Program's "Write Your Own" program.

Since the exact requirements for the notice--including title, type size, and wording--are specified in the statute and do not have to be filed, AAIS is not taking action on this matter.


UMBRELLA UIM ENDORSEMENTS
TO BE WITHDRAWN IN GEORGIA

AAIS will submit filings in Georgia to withdraw uninsured motorist coverage endorsements and related rejection notices under the AAIS Personal Umbrella, Commercial Umbrella, and Farm Umbrella programs.

The endorsements and notices were originally filed in the wake of an August 2006 court ruling which held that uninsured motorist coverage had to be included in all policies that provided excess auto liability insurance. Recently, however, Gov. Sonny Perdue signed a new law exempting umbrella and excess policies from any requirement to provide uninsured motorist coverage.

AAIS maintains uninsured motorist coverage under its umbrella programs only when the coverage is required by statute, regulation, or case law. Thus, AAIS will file to withdraw the endorsements and notices in Georgia. The filings will have a proposed advisory effective date of Jan. 1, 2009.


KANSAS ENACTS NCOIL'S
FLEX-RATING MODEL ACT

Kansas Gov. Kathleen Sebelius recently signed a "Flex Rating Regulatory Improvement Model Act" based on the National Conference of Insurance Legislators' Flex-Rating Model Act. The act takes effect July 1, 2008.

The act will allow property/casualty insurers operating in Kansas to increase or decrease rates up to 12% without regulatory approval. The bill also preserves the insurance department's authority to stop a rate filing if it is deemed inadequate or unfairly discriminatory..


Transmitted by the American Association of Insurance Services, 1745 S. Naperville Road, Wheaton, IL 60187.
 


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