230 R.I. Code R. 230-RICR-20-55-1.5

Current through December 3, 2024
Section 230-RICR-20-55-1.5 - Filing Requirements
A. Foreign insurance companies seeking a Rhode Island Certificate of Authority must submit those items listed in the NAIC's UCAA Expansion Application. When completing an application for a Rhode Island Certificate of Authority, applicant companies should particularly follow the Rhode Island specific items in Sections II and III of the NAIC UCAA Manual for the Expansion Application.
B. The Insurance Commissioner reserves the right to require any applicant company to furnish additional material or information deemed necessary in the course of this Department's review.
C. In addition to the specific requirements for filing an Expansion Application, a foreign insurance company must file the following information and/or documents for the Commissioner's consideration:
1. A foreign insurance company may not transact business in Rhode Island until it has appointed, in writing, the Insurance Commissioner as attorney to receive service of process (to be accompanied by a certified copy of the resolution of its Board of Directors authorizing such appointment).
2. A Retaliatory Statement must be completed by the applicant company's state of domicile Insurance Department/Division for submission to the Department.
3. If the applicant company's state of domicile insurance holding company disclosure requirements and standards are substantially similar to the requirements of R.I. Gen. Laws Chapter 27-35, the applicant shall submit only an affidavit attesting to that "substantial similarity" and shall not submit a full Form B filing. If such an affidavit cannot be provided, the Form B filing should be submitted with a cover letter explaining the absence of "substantial similarity."
4. R.I. Gen. Laws § 27-34-6 requires that all Property and Casualty insurers shall be and remain members of the Rhode Island Insurers' Insolvency Fund.
5. R.I. Gen. Laws § 31-33-8 and "INSURANCE REGULATION 98 RHODE ISLAND AUTOMOBILE INSURANCE PLAN" require that all automobile insurers must participate in the Rhode Island Automobile Insurance Plan ("Rhode Island Assigned Risk Plan"). A company applying for a Rhode Island Certificate of Authority that will include those lines of business must submit a statement on company letterhead, signed by the appropriate company official and certifying that the company will become a member of the Rhode Island Automobile Insurance Plan upon approval and issuance of its Rhode Island Certificate of Authority.
6. R.I. Gen. Laws § 27-33-2 and Subchapter 05 Part 11 of this Chapter require that all insurers licensed to write those classes of insurance listed in R.I. Gen. Laws §§ 27-8-1 and 27-8-3 on a direct basis, must participate in the basic property insurance program established in Rhode Island, the Rhode Island Joint Reinsurance Association ("RI FAIR Plan"). A company applying for a Rhode Island Certificate of Authority that will include those lines of business must submit a statement on company letterhead, signed by the appropriate company official and certifying that the company will become a member of the Rhode Island Joint Reinsurance Association upon approval and issuance of its Rhode Island Certificate of Authority.
7. Under R.I. Gen. Laws § 42-14.1-1 and Subchapter 10 Part 1 of this Chapter all insurers licensed to write "personal injury liability insurance" on a direct basis are, by operation of law, members of the Medical Malpractice Joint Underwriting Association of Rhode Island (MMJUA).
8. R.I. Gen. Laws § 27-34.3-6(a) requires that all Life or Health insurers shall be and remain members of the Rhode Island Life and Health Insurance Guaranty Association.
9. A foreign life company planning to include variable life and/or variable annuity authority must also submit a written opinion as to whether the applicant company's state of domicile regulation provides a degree of protection to policyholders and the public which is substantially equal to that provided by R.I. Gen. Laws Chapter 27-32.

230 R.I. Code R. 230-RICR-20-55-1.5