N.Y. Comp. Codes R. & Regs. tit. 11 § 161.4
Current through Register Vol. 46, No. 45, November 2, 2024
Section 161.4 - Flexibility bands(a) Flex-bands will be periodically reviewed by the superintendent, in light of factors such as: (1) the extent and nature of competition;(2) size and significance of the coverage;(3) level and range of rates and rate changes among insurers;(4) investment and underwriting experience of insurers;(5) reinsurance availability;(7) extent of denials and restrictions of coverage;(8) volume of cancellations and nonrenewals; and(9) changing conditions in the economic, judicial and social environment.(b) Flex-bands define the extent to which, during a one-year period in connection with a particular market, rate level increases or decreases may take effect without prior approval. The following flex-bands shall be in effect, beginning September 26, 1986, in regard to the specified markets: | (1) | municipal liability | ±15% |
| (2) | public school liability | ±15% |
| (3) | child care liability | ±10% |
| (4) | nonprofit philanthropic and civic activity liability | ±15% |
| (5) | public officials liability | ±15% |
| (6) | nonprofit IRC section 501(c)(3) directors and officers | ±10% |
| (7) | other directors and officers liability | ±20% |
| (8) | professional liability | ±20% |
| (9) | other errors and omissions liability | ±20% |
| (10) | recreational liability | ±15% |
| (11) | other owners, landlords and tenants liability | ±15% |
| (12) | other manufacturers and contractors liability | ±15% |
| (13) | products liability | ±20% |
| (14) | completed operations liability | ±20% |
| (15) | liquor law liability | ±15% |
| (16) | nonlivery commercial motor vehicle | ±15% |
| (17) | CMP combined effect (see section 161.3[b][2][i] exception) | ±15% |
| (18) | business owners policies (BOP) | ±15% |
| (19) | business auto policies (BAP) | ±15% |
| (20) | high limits excess liability renewal policies | ±30% |
| (21) | 'a' rated renewal policies | ±30% |
| (22) | all other liability | ±20% |
(c)Flex-bands for legal services insurance and prepaid legal services plans.(1) The flex-band for a prepaid legal services plan, including legal services insurance written as part of such a plan, is ±20 percent.(2) The flex-band for legal services insurance written as part of a policy of liability insurance shall be:(i) the same flex-band that applies to the underlying liability insurance policy, where there is no separate identifiable premium for the legal services insurance; and(ii) ±20 percent, where there is a separate identifiable premium for the legal services insurance.N.Y. Comp. Codes R. & Regs. Tit. 11 § 161.4