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PA Bulletin, Doc. No. 99-1232

STATEMENTS OF POLICY

Title 31--INSURANCE

INSURANCE DEPARTMENT

[31 PA. CODE CH. 68]

Motor Vehicle Financial Responsibility Law

[29 Pa.B. 4076]

   The Insurance Department (Department) deletes Chapter 68, Subchapters B, C and F and Appendices A and B to read as set forth in Annex A. The statement of policy was originally published at 20 Pa.B. 2166 (April 20, 1999). The statement of policy was effective July 1, 1990.

Purpose

   The Department recommends these statements of policy for deletion. The original intent of the statements of policy was to notify the insurance industry of the Department's position regarding changes to 75 Pa.C.S. Chapter 17 (relating to the Motor Vehicle Financial Responsibility Law) (act). Both the passage of time and examination of market practices have led to the adoption of the statements of policy as standard industry practice, thereby making the statements of policy obsolete. Additionally, significant portions of the statements of policy are now moot as they related to rate and form filings to be made with the Department by 1990.

Explanation of Regulatory Changes

   Chapter 68, Subchapter B is being deleted because these provisions are redundant and unnecessary as they are sufficiently addressed within the act. Additionally, § 68.112 is obsolete as it required filing endorsements by May 1, 1990, and now serves no further purpose. Finally, the Department, through its market conduct activities, will continue to monitor insurers to ensure compliance with statutory requirements for filing and approval of forms.

   Chapter 68, Subchapter C is being deleted because these provisions are redundant and unnecessary as they are sufficiently addressed within the act. Additionally, the rate and rule filings required by this chapter are now obsolete as they related to rate and rule filings required to be filed in 1990.

   Chapter 68, Subchapter D was previously deleted on October 27, 1997. See 27 Pa.B. 5502 (October 25, 1997).

   Chapter 68, Subchapter E is being deleted because the requirements of this chapter expired in 1990 and are now obsolete. Additionally, the required contents of antifraud plans in § 68.401(b) is now addressed in 75 Pa.C.S. § 1812 (relating to content of plans). The requirement for a Motor Vehicle Insurance Fraud Index Bureau in § 68.402 has been superseded by 75 Pa.C.S. §§ 1821--1823 (relating to comprehensive database system) which only requires membership of insurance companies in a Comprehensive Database System.

   Chapter 68, Subchapter F and Appendices A and B are being deleted because these provisions relate to filing guidelines for July 1, 1991, through June 30, 1992, and are, therefore, now moot.

   Following careful review, the Department decided to delete these statements of policy for the following reasons. First, the deletion of these statements of policy in no manner affect the insurance availability and consumer protections afforded by the statute. Second, many of the provisions of the statements of policy are now moot and their continued presence will only serve to confuse. Finally, the Department's ongoing market conduct examinations and random field surveys of producers and insurers have not revealed that the notice and guidance that is offered by these statements of policy are necessary at this time. For all of the foregoing reasons, it is no longer necessary to continue the publication of these statements of policy within the body of the Department's regulations.

Affected Parties

   There are no parties affected by the deletion of these statements of policy.

Fiscal Impact

   The deletion of these statements of policy has no fiscal impact.

Paperwork

   The deletion of these statements of policy has no impact on paperwork.

Effectiveness/Sunset Date

   The deletion of these statements of policy will become effective upon publication in the Pennsylvania Bulletin. Because the Department is deleting outdated statements of policy, no sunset date has been assigned.

Contact Person

   The person to contact for information on the deletion of these statements of policy is Peter J. Salvatore, Regulatory Coordinator, 1326 Strawberry Square, Harrisburg, PA 17120, (717) 787-4429. Requests for additional information may also be e-mailed to psalvato@ins.state.pa.us or faxed to (717) 705-3873.

   (Editor's Note: The regulations of the Insurance Department, 31 Pa. Code Chapter 68, are amending by deleting a statement of policy in §§ 68.101--68.113, 68.201--68.206, 68.401, 68.402, 68.601--68.604 and Appendices A and B to read as set forth in Annex A.)

M. DIANE KOKEN,   
Insurance Commissioner

   Fiscal Note: 11-189. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 31.  INSURANCE

PART VII.  PROPERTY, FIRE AND CASUALTY INSURANCE

CHAPTER 68.  MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW AMENDMENTS--STATEMENTS OF POLICY

Subchapter B.  (Reserved)

§§ 68.101--68.113.  (Reserved).

Subchapter C.  (Reserved)

§§ 68.201--68.206.  (Reserved).

Subchapter E.  (Reserved)

§ 68.401.  (Reserved).

§ 68.402.  (Reserved).

Subchapter F.  (Reserved)

§§ 68.601--68.604.  (Reserved).

Appendix A.  (Reserved)

Appendix B.  (Reserved)

[Pa.B. Doc. No. 99-1232. Filed for public inspection July 30, 1999, 9:00 a.m.]


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