211 CMR, § 134.08 - Acquisition of SDIP Information or Merit Rating Information from the Merit Rating Board

(1) Insurers shall acquire SDIP Information from the Merit Rating Board, as set forth in 211 CMR 134.08(2) through 211 CMR 134.08(6), during Fixed-and-established Markets. Insurers may acquire Merit Rating Information from the Merit Rating Board at any time, at the discretion of the Insurer, during Competitive Markets. Insurers are not required to obtain Merit Rating Information from the Merit Rating Board for calculating Private Passenger Motor Vehicle insurance premiums pursuant to a Merit Rating Plan filed by the Insurer for use in a Competitive Market.

(2) Initial Inquiries.

(a) New Policies. Insurers shall acquire SDIP Information for a new Policy subject to 211 CMR 134.00 from the Merit Rating Board no earlier than 45 days before the first day of the month of the effective date of the Policy and no later than 15 days after the date the Policy is issued. The inquiry shall be made in the manner prescribed in the MRB Manual(s).

(b) Renewal Policies. Insurers shall acquire SDIP Information for a renewal Policy subject to 211 CMR 134.00 from the Merit Rating Board no earlier than 75 days before the first day of the month of the effective date of the Policy and prior to issuing the Policy. The inquiry shall be made in the manner prescribed in the MRB Manual(s).

(3) Inquiries for New Operators. In the event a Policy subject to 211 CMR 134.00 is endorsed to add an operator as a Listed Operator during the first 245 days of the Policy term, the Insurer shall acquire SDIP Information for the operator that is being added from the Merit Rating Board in the manner prescribed in the MRB Manual(s).

(4) Inquiries for "Add Property Damage Liability Coverage". Insurers shall acquire SDIP Information for a Policy subject to 211 CMR 134.00 when Property Damage Liability Coverage is added to a Policy that previously had no Property Damage Liability Coverage no earlier than 45 days before the first day of the month of the endorsement date and no later than 15 days after the effective date of the endorsement. The inquiry shall be made in the manner prescribed in the MRB Manual(s).

(5) Inquiries for "Add Collision Coverage". Insurers shall acquire SDIP Information for a Policy subject to 211 CMR 134.00 when Collision Coverage is added to the Policy that previously had no Collision Coverage no earlier than 45 days before the first day of the month of the endorsement date and no later than 15 days after the effective date of the endorsement. The inquiry shall be made in the manner prescribed in the MRB Manual(s).

(6) Reinquiries. Following the receipt of a Notice to Reinquire from the Merit Rating Board, an Insurer must submit a request for SDIP or Merit Rating Plan Information to the Merit Rating Board for the Policyholder and for each Listed Operator in the manner prescribed in the MRB Manual(s).

(7) Policy Numbers. Insurers must assign policy numbers unique to each Policy being issued within a particular policy year. This number must be consistently reported and/or used on the Coverage Selections Page, inquiries to the Merit Rating Board, Notices of At-fault Accident Determination, Surcharge Notices, Comprehensive Coverage claim notices, Personal Injury Protection Coverage claim notices, premium and loss statistical records, Policy data reported to the Registry of Motor Vehicle's Uninsured Motorist System (UMS), and any other document calling for identification utilizing a Policy number. Upon written request by an Insurer, the Commissioner may grant a one-year waiver of the requirements of 211 CMR 134.08(7) if the Insurer demonstrates that compliance would result in undue hardship.

Notes

211 CMR, § 134.08

Amended by Mass Register Issue 1355, eff. 12/29/2017. Amended by Mass Register Issue 1365, eff. 12/29/2017.