230 R.I. Code R. 230-RICR-20-05-13.12

Current through December 3, 2024
Section 230-RICR-20-05-13.12 - Emergency Measures
A. The Insurance Division will utilize the declaration of a catastrophe by the Insurance Services Offices ("ISO") or its successor organization for purposes of the declaration of emergency measures pursuant to R.I. Gen. Laws § 27-76-6.
B. When ISO declares a catastrophe the Insurance Division may require insurers to take any of the following actions:
1. Allow grace periods for the payment of insurance premiums for a time period established by the Insurance Division;
a. The Department will establish the time period indicated above by considering the severity of the catastrophe and the number and severity of claims.
b. The Department shall order a maximum grace period of 90 days by bulletin. This requirement does not prevent the Department from amending this Part during the grace period to establish a longer grace period.
c. At the end of the grace period insurers may bill insureds that have elected to take advantage of the grace period for the premium accumulated during the grace period as long as the insurer has notified the insured at the time of the request that premium will accumulate during the grace period.
d. Insurers may treat nonpayment of accumulated premium in the same manner as nonpayment of premium under the policy as long as the insurer has notified the insured at the time the request for the grace period is requested that the premium will be due upon expiration of the grace period or at whatever longer interval is established by the insurer.
2. Suspending performance of other duties under the policy for persons displaced by the catastrophic event.
a. The insureds duty under the policy to mitigate damages shall not be excused.
b. The Department will determine what duties will be suspended by consideration of the severity of the catastrophe and the number and severity of claims in Rhode Island.
c. The Department will notify insurers of the exact duties for a specific catastrophe by issuance of a bulletin or industry alert.
3. Suspension of cancellations and non-renewals of insurance policies for a time period established by the Insurance Division;
a. The Department will establish the time period by taking into consideration the severity of the catastrophe and the number and severity of claims.
b. The Department shall order a maximum period of 90 days by bulletin.
c. This requirement does not prevent the Department from moving to amend this Part to establish a longer grace period.
d. This provision will not apply to cancellations that were sent out prior to the hurricane but which had not yet become effective on the date of the occurrence.
4. The Department may establish additional emergency measures depending upon the circumstances of the catastrophe. In such a circumstance the Department will, at the same time the bulletin or industry alert establishing the requirement is issued, begin the process of amending this Part to solicit comment on the emergency requirements.

230 R.I. Code R. 230-RICR-20-05-13.12