230 R.I. Code R. 230-RICR-20-05-5.6

Current through December 3, 2024
Section 230-RICR-20-05-5.6 - Exemptions to Inspection Requirement
A. An insurer may elect to waive the applicability of this Part pursuant to R.I. Gen. Laws § 27-10.1-10. If an insurer chooses to elect waiver, the insurer shall deliver to the Insurance Division a written notice that the election has been made. An insurer that files an election is not subject to the provision of this Part. An insurer may, upon written notice to the Insurance Division withdraw its election. If the election is withdrawn the insurer must comply with all provisions of this Part. The withdrawal of the election shall require compliance with the Part for all policies issued after the date of withdrawal.
B. The requirement of an inspection shall not apply to the following:
1. a new, unused motor vehicle, including demonstration vehicles, from an automobile dealership where the insurer is provided with either:
a. a copy of the bill of sale which contains a full description of the motor vehicle, including all options and accessories; or
b. a copy of the window sticker or the dealer invoice showing the itemized options and equipment in addition to the total retail price of the vehicle.
c. The Physical Damage Coverage on such new, unused motor vehicle, including demos, shall not be suspended during the term of the policy due to the applicant's failure to provide the required documents. Payment of a claim, however, may be conditioned upon the receipt by the insurer of such documents, and no physical damage loss occurring after the effective date of the coverage shall be payable until the documents are provided to the insurer. If the above documents are not submitted by the applicant at least sixty (60) days prior to the applicant's annual renewal date, the insurer, before renewing the Physical Damage Coverage, must require an inspection as set forth in this Part.
2. a motor vehicle which is already insured for such Physical Damage Coverages with the insurer by the applicant.
3. a temporary substitute motor vehicle.
4. a motor vehicle which is leased for less than six (6) months, provided the insurer receives the lease or rental agreement containing a description of the leased motor vehicle, including its condition. Payment of a physical damage claim may be conditioned upon receipt of the lease or rental agreement.
5. when requiring an inspection would cause a serious hardship to the insurer or the applicant, and such hardship is documented in the applicant's policy record.
C. An insurer shall state in the applicant's policy record the reason a vehicle is being exempted from the inspection requirement.
D. An insurer may require an inspection of a motor vehicle otherwise exempt, provided that the decision to inspect such motor vehicle is reasonable and supported by objective facts. The decision to require such an inspection shall not be based on the age, race, sex, or marital status of the applicant or the customary operators of the vehicle, or the principal place of garaging. A written statement of the reasons for requiring an inspection shall be placed in the applicant's policy record.

230 R.I. Code R. 230-RICR-20-05-5.6