Section 134.11 - Application of Safe Driver Insurance Plan or Merit Rating Plan(1)211 CMR 134.11(2) through 211 CMR 134.11(5) shall be required only for Policies issued during a Fixed-and-established Market. 211 CMR 134.11(6) through 211 CMR 134.11(8) apply in both Fixed-and-established and Competitive Markets.(2)Policy Issuance. No Policy subject to 211 CMR 134.00 shall be issued without SDIP Information, except as approved by the Commissioner, and as specified in the MRB Manual(s).(3)Coverage Selections Page. Each Insurer shall assure that the first Coverage Selections Page sent to a Policyholder shows the total premium, correctly adjusted for the operator credit factor or operator surcharge factor, as applicable, unless an explicit provision of the MRB Manual(s) allows, or the Insurer has requested, and has received from the Commissioner, in writing, a waiver that allows the Insurer to display the total premium adjustment amount for the Policy either on a replacement Coverage Selections Page or on an invoice for the Policy, in lieu of displaying it on the initial Coverage Selections Page, as required by 211 CMR 134.11(3).(4)Safe Driver Insurance Plan (SDIP) Statement. For Policies subject to the SDIP during Fixed-and-established Markets, each Insurer shall assure that each Policyholder not eligible for the Excellent Driver Discount Plus receives a SDIP Statement, which includes an itemization on a form approved by the Commissioner of the total number of operator SDIP points assigned to each Listed Operator. The SDIP Statement and the method of mailing the SDIP Statement to the Policyholder shall conform to the requirements specified in the MRB Manual(s).(5)Assignment of Operators to Policies. For Policies subject to the Safe Driver Insurance Plan, the process for assigning operators to vehicles shall be consistent with the rules prescribed in the Private Passenger Motor Vehicle Insurance Manual from which the premium is generated.(6)Refunds. (a)For Policies Subject to Merit Rating Plans during Competitive Markets. Whenever responsibility for an At-fault Accident or a traffic law violation of an Involved Operator is reversed by a court of competent jurisdiction or the Board of Appeal for an incident previously reported and billed, Insurers shall re-rate Policies to exclude the effect of such incident in the calculation of Private Passenger Motor Vehicle insurance premiums.(b)For Policies Subject to the Safe Driver Insurance Plan during Fixed-and-established Markets. Whenever the number of SDIP points is decreased by reason of a reversal by the Superior Court or the Board of Appeal of an incident previously reported and billed, Insurers shall re-rate policies to exclude the effect of such accident in the calculation of Private Passenger Motor Vehicle insurance premiums.(7)Affirmative Duty. All Insurers and their producers have an affirmative duty to correctly apply the Safe Driver Insurance Plan's operator surcharge factor, operator credit factor or Credit Code, or the premium adjustment calculated in accordance with the Insurer's Merit Rating Plan, as applicable, for each Listed Operator.(8)Penalties. Failure to correctly apply the Safe Driver Insurance Plan's operator surcharge factor, operator credit factor, or Credit Code, or the premium adjustment calculated in accordance with the Insurer's Merit Rating Plan, as applicable, for each Listed Operator may subject the Insurer to penalty set forth in 211 CMR 134.16.Amended by Mass Register Issue 1355, eff. 12/29/2017.