The Division of Insurance has announced that it will hold a hearing at 10AM on September 20, 2013, regarding the proposed adoption of amendments to regulation 211 CMR 74.00. That regulation entitled “Standard of Fault to be Used by the Board of Appeal on Motor Vehicle Liability and Bonds and Insurers in Determining the Application of Surcharges in Accordance with M.G.L. c.175, §113P” determines the standards of fault used to assess whether a private passenger automobile operator is more than 50% at fault in a particular accident.
The proposed changes to this regulation would remove any reference to the Safe Driver Insurance Plan. The proposed changes are intended to clarify that the standards of fault apply in both a competitive and fixed and established private passenger auto insurance marketplace. The DOI says that reference to the SDIP, which exists in the current regulations, does not apply in a competitive private passenger motor vehicle insurance market that the Commonwealth employs right now and should thus be removed.
In addition to the above changes, the DOI hearing will also include a discussion on whether the proposed amendments to the regulation should indicate that the failure of an insurer to employ the standards of fault in determining whether an auto insured is more than 50% at fault constitutes an unfair act or practice in the business of insurance.
The deadline to submit oral testimony is September 13, 2013
Those individuals or parties interested in providing oral comment during the DOI hearing have until September 13, 2013 to contact the DOI Docket Clerk. The DOI will accept written comments until the record of the hearing is closed. All submissions can be sent either by mail to the Docket Clerk, Hearings and Appeals, Division of Insurance, 1000 Washington Street, Suite 810, Boston, MA 02118-6200 or by electronic mail at Doidocket.Mailbox@state.ma.us. Make sure that all corresponded references Docket No. G2013-08 in the subject line.