Session Overview. General Subjects

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1 NEW YORK AUTOMOBILE INSURANCE PLAN Producer Procedures Course 1

2 Session Overview General Subjects NYAIP Contact Information NYAIP Producer Certification NYAIP SIU Peer Review NYAIP Assignments, Quotas, Eligibility Ineligible Applicant Program Unbound MVRs Manual and Information Updates Electronic Access Surcharges Discounts 2

3 Session Overview General Subjects Coverages Regulation 79 Compliance Payment Options Effective Dates Supporting Application Documents Cancellations 3

4 Session Overview General Subjects Producer Commissions & Fees Performance Standards Private Passenger Classifications PASS New Business Application PASS Retraction & Flat Cancellation PASS Endorsements Private Passenger and Commercial Pre-PASS Assignments 4

5 Session Overview Commercial Information Trucks, Tractors, Trailers Public Transportation Garage Coverage Non-owned Coverage Miscellaneous Section Light Commercial Physical Damage 5

6 Session Overview Commercial Information PASS New Business Application PASS Retraction & Flat Cancellation Other Commercial Forms Special Risk Distribution Procedure 6

7 Session Overview Miscellaneous PASS Options ID Card Inquiry Reprint Rating Examples Motorcycle Truck Limousine 7

8 NYAIP Contact Information Address 22 Cortlandt Street,15 th Floor New York, NY Mailing Address PO Box 2318 Peck Slip Station New York, NY Telephone Fax 8

9 NYAIP Contact Information Websites: Homepage: PASS: On Line Assignment Confirmation: (login and password required) Customer Service General Information: Rules, Procedures and Compliance: PASS Processes and Support: E-Pay: 9

10 NYAIP The central mechanism established pursuant to Article 53 of the New York Insurance Law to provide auto liability and physical damages coverages to those insureds who are unable to obtain such auto insurance in the voluntary market. All insurers writing automobile insurance in New York State must participate in the NYAIP by providing such insurance. All agents and brokers holding a valid license to transact automobile insurance business in New York State must be certified by the Governing Committee in accordance with standards and procedures approved by the Superintendent of Insurance prior to submitting applications to the Plan. 10

11 NYAIP The central mechanism established pursuant to Article 53 of the New York Insurance Law to provide auto liability and physical damages coverages to those insureds who are unable to obtain such auto insurance in the voluntary market. Applicants must declare and certify that they have tried and failed to obtain automobile insurance in New York State within the preceding 60 days and have been unable to obtain such insurance at rates not exceeding those applicable under the plan. NYAIP rules concerning assignments are developed in a subcommittee structure by insurance professionals (producer and company) and approved by the NYAIP Governing Committee and the Insurance Department. 11

12 Producer Certification Getting Certified License Requirements Lines of Authority Satellite Offices License Expirations Procedures Course Requirements Attend within 60 days of certification Sublicensees Complete course every 4 years for continued certification 12

13 Producer Certification Certification Application and Undertaking Statement Download, print and complete application from NYAIP website Attach Copy of License Affiliations Register for On Line Manual and Circulars Keep acknowledgment of subscription to NY Manuals. Needed for Certification. Keep Your NYAIP Acknowledgement of Certification It contains Certification Number needed to register for PASS 13

14 Producer Certification Register for PASS establishing a Login ID. New Security features enable you to establishand manage a separate login for each user in your office. Register with Lexis Nexis(within 30 days of registration) Register at AIPSO.com and subscribe to NY Manuals and Circulars. A copy of the confirmation of subscription to NY manuals is required for certification Satellite office requirement Sub-licensee requirements Performance Standards Compliance Definition of Affiliation Important! 14

15 Producer Certification Affiliation Reminder Producers need to be aware of the activities of those producers with whom they become affiliated. Adverse performance records that cause restrictions to be placed on any producer within an affiliate group, will affect the privileges, requirements, and certification of ALL of the producers in that group. Restrictions include, but are not limited to: ID card privilege restrictions; Certified check requirements; and PASS privilege restrictions. 15

16 Registering for NYPASS The NYAIP online system is available to producers licensed in NY and certified with the NYAIP. This facility allows a producer to electronically bind and submit all NYAIP applications and policy change requests and electronically produce bar coded ID cards. Once a producer is certified and receives their certification number in the mail, they can proceed to register for NYPASS at (www.nypass.com). NYPASS has enhanced Login and Management security features for your protection. Do not share your certification number, login ID or password. Managements tools are available for offices with multiple users. 16

17 Registering at NYPASS.COM Login ID and Password Requirements. Producer will establish their own login ID and password. No need to share logins if you have multiple users in your office. Establish and manage separate logins for each user. Account Management Tools: You can add, change or delete users, establish individual user s logins and passwords, and you can even assign administrator rights to someone to manage these logins for you. Video Tutorials: Video tutorials are available to walk you through the various. The tutorials are also offered as printable PDF documents 17

18 Special Investigations The Insurance Fraud Problem Insurance fraud costs the insurance industry an estimated $30 billion per year, according to the Insurance Information Institute. This costs the average household between $200 and $400 in increased automobile insurance premiums every year. The New York Automobile Insurance Plan has taken a strong stand against insurance fraud! The Plan s investigators and analyst have developed and maintain an effective fraud containment program for the detection, investigation and prevention of fraud in the automobile residual market. 18

19 Special Investigations New York Automobile Insurance Plan s Response The Plan s Special Investigations Unit was established during 2001 in cooperation with the New York State Insurance Department. This unit was expanded substantially in 2002 to perform investigative fieldwork and forensic analysis in conjunction with the NY State Insurance Fraud Bureau. Investigative efforts are coordinated with the Plan s subscriber carriers, and Federal, State, and Local law enforcement. The success of New York s fraud containment program is being acknowledged by other State Plans implementing similar programs. 19

20 Peer Review Panel Appointed by NY Superintendent of Insurance to conduct hearings for adverse performance involving: Rate Evasion Premium Diversion Fraud reported by carriers or IFB Performance Standard Violations Unbound MVRs Ordered through PASS Deficient applications Dishonored checks Late applications Misused ID cards Misused electronic binding Misused electronic app Pattern of abuse 20

21 Peer Review Panel Peer Review Penalties Conditioned Certification Suspended Certification Revoked Certification 21

22 Assignments, Quotas, Eligibility Assignment Hierarchy Reassignment Household Random Quota Reduction Programs Voluntary Credit Programs; Youthful Males Territories Takeout 22

23 Assignments, Quotas, Eligibility Eligibility (Sections 3 and 9) New York Vehicles (registered or to be registered) Non-resident Students and Military Ineligible Applicant Program (IAP) Vehicles in-transit/originating in NY Commercial submitted as PP risks Prior non-good faith cancellations (Section 20) Valid license or permit for the type and class of the vehicle to be insured ( Section 9.A.1. ) See MV-500C and CDL-101 for information regarding commercial driver s license and any endorsement to these licenses at the DMV website: or 23

24 Ineligible Applicant Program Applies to all NYAIP assigned policies Includes severed coverage for which premium is not paid Unpaid earned premium due at cancellation Notice sent to policyholder & producer Reported to NYAIP after 20 days Can be resolved in PASS when applying for new coverage Appeal processes available Carrier Plan Expedited appeal (within 48 hrs) 24

25 Ineligible Applicant Program During the application process, reported unpaid earned premium is displayed and must be resolved in order to proceed further. Full payment (1a) and settlement options (1b)are available 25

26 Ineligible Applicant Program If you select Full Payment,1a, Click here to print the form and mail to carrier with the full earned premium payment. 26

27 Ineligible Applicant Program If you and the carrier agree on an alternative, click on bullet 1B on the first screen; then select Save. Then click to print the form and mail to the carrier with partial payment. 27

28 Ineligible Applicant Program Click on bullet 2A or 2B if the application cannot be completed. Click on bullet 3A or 3B if NYAIP mediation is requested. 28

29 Ineligible Applicant Program When you select Mediation you will see this form. Simply complete the form and follow the instructions. 29

30 PASS Unbound MVRs MVRs and CLUE reports are automatically ordered for private passenger applications. MVR data is prefilled in the application. Clue information is not prefilled. If the application is not assigned, the MVR is considered unbound. Unbound applications result from a variety of valid reasons, which cause applicants to decline coverage after the MVRs are ordered. Lexis Nexis provides the Plan a discounted price for MVRs ordered that are already in its database as a result of receiving the record from a previous request made within the prior 60 days. However, the Plan pays a higher cost if Lexis Nexis must obtainanewmvrfromthestate. In theory, most MVRs obtained through PASS should be at a discounted rate since producers are required to make attempts to place the applicant in the voluntary market prior to submission to the Plan. 30

31 PASS Unbound MVRs Avoiding Unbound MVRS Quick Quote(Private Passenger PASS) provides a quote based on the information entered by the producer without ordering an MVR. saves all information entered, if the insured decides to proceed with the application. Unbound MVRs Threshold No more than 5 total unbound/retracted MVRs per month, of which no more than 30% should be new MVRs. Alerts In PASS PASS monitors unbound MVRs and provides producers with information and alerts about their unbound MVRs 31

32 PASS Unbound MVRs On the PASS Welcome page, the Plan Provides Alerts to Unbound MVR Performance. Please Note: Additional Certification Details are also displayed, including E-Pay Status, ID Card Eligibility, # of Late Apps, Lexis Nexis Registration and Status of Producer Procedure Course Requirement. Producers are provided alerts as to their status for Unbound MVRs. 32

33 Information Updates and Alerts The Plan provides updates and important information by regarding issues such as: Unbound MVR Violations Expired Producer License Alerts Expired Procedures Course Alerts PASS enhancements NYAIP procedural changes and requirements Aipso.com/ny Announcements Manual and Information Updates The alerts are issued to certified producers using the address provided when registering for PASS or AIPSO.com. To receive these important Information Updates, keep your address current in PASS and AIPSO.com. To update your account information: NYPASS-logon to nypass.com and click on Edit Profile. AIPSO-log on to aipso.com/ny and click on your name in the upper right corner 33

34 Electronic Access to Manuals Producers MUST register at to access the NYAIP website Home Page for Manuals and Circulars. 34

35 AIPSO.com Registration Complete the required fields Reminder: Make Note of the Username & Password used for aipso.com. It may differ from what you use in NYPASS. 35

36 AIPSO.com Registration After submitting the registration page, you will receive a confirmation from AIPSO.com. It will contain a verification code and link to complete your registration. Dear New Producer, We are pleased to advise that you have been added as a Registered User to AIPSO.com. Your username is the address you provided at registration. The first time you log in, you will need to provide the following Verification Code: You can use the following link to complete your verified registration: &verificationcode= Thank you, AIPSO 36

37 AIPSO.com Registration Click on the Link contained in the Confirmation . First Time Login requires your Username, Password and the verification Code sent to you in that . 37

38 AIPSO.com Registration After login is complete, tabs will appear at the top of the page for access to manuals and circulars. 38

39 AIPSO.com Registration You must first subscribe for updates to the NYAIP Manual and Circulars. Choose s alerts from the left column 39

40 AIPSO.com Registration alerts: Check the box for 1-NY-Manuals- Circulars 2-NY Manuals Check the box for NY-PPE Check the box for Symbol alerts 40

41 AIPSO.com Registration The NYAIP Certification process requires a copy of the confirmation of Registration to the NYAIP Electronic manual subscription. Please retain a copy of this confirmation. From: NY-Manuals Sent: Wednesday, January 18, :05 AM To: New broker Subject: subscribe message Welcome! You have successfully subscribed to the NYAIP Electronic Manuals (emanuals) update notice list. This list will be used to update notices about changes to the NYAIP e-manuals. ATTENTION CERTIFIED PRODUCERS: Please remember that the NYAIP requires that producers maintain a subscription for updates to the Plan manuals for the duration of the period of certification. If this address changes, you must unsubscribe the expired address and subscribe the new address. Failure to maintain a subscription via an accurate, active address may jeopardize your certification status. To subscribe or unsubscribe to the NY-manuals list make changes and submit the form found after logging in at https://www.aipso.com/ alerts.aspx 41

42 Electronic Manuals alerts are provided for all updates and revisions to the NYAIP manual. This is a typical e-manuals message. To view the full text of the message, click on the link in the . Revision: NY-2012-Revision-001 Effective Date: February 15, 2012 for new business and April 1, 2012 for renewal business Summary of Changes: Manual of Rules and Rates The Commercial Automobile Liability rates, including rates for personal injury protection (Rule 9), zone rated autos (Rule 74), additional provisions for automobile and trailer dealers (Rule 90), hired automobiles (Rule 98), nonowned auto liability coverage (Rule 99), drive other car coverage (Rule 101), and leasing or rental concerns (Rule 119) are revised. In addition, the rating factors for increased limits (Rule 50) and the long distance zone definitions (Rule 74) are revised. The electronic manual is available at New York Manuals. (Analyst: Link this to state manual page.) A downloadable Adobe PDF version of this Revision is now available and the interactive manual will be updated on the effective date. You received this message because you have subscribed to the Electronic Manuals Alerts. 42

43 Electronic Manuals After login is complete, tabs will appear at the top of the page for access to manuals and circulars. 43

44 Electronic Manuals The NYAIP Homepage displays current announcements and provides access to all forms, guides and instructions in the section marked forms. 44

45 Electronic Manuals After logging in, you will be brought to the manual page, click on New York Interactive Manual Then Choose Current Version 45

46 Electronic Manuals The left margin displays links, with sub-chapters wherever a (+)is displayed. The right side displays manual text. Click on a link Click on a Link Or, search by a word and click go. Or Search by a word and click GO 46

47 Electronic Manuals For example, to review Uninsured Motorists limits & rates, 1. Click on the (+)to the left of 02 General Rules 2. Click on the (+) to the left of Rule 8. and 3. Click on Uninsured Motorists Coverage

48 Electronic Manuals Click on B. Supplementary Uninsured 48

49 Electronic Manuals Current manuals, prior versions of manuals and change notifications are available in PDF. Click on the appropriate link. 49

50 Electronic Manuals Changes to the NYAIP Manual of Rules & Rates are displayed under the What s New section of the New York Manuals Page. 50

51 Electronic Manuals ISO Symbols & Identification Manual Click on this link to access Symbols and Identification Information. 51

52 Electronic Manuals Registration-ISO Symbols & Identification Manual Click on the appropriate bulleted circle and submit 52

53 Electronic Manuals Using the Electronic Symbol and Identification Manual Click on Interactive S&I Lookup 53

54 Electronic Manuals Using the Electronic Symbol and Identification Manual Select lookup by VIN or Make & Model 54

55 Electronic Manuals Using the Electronic Symbol and Identification Manual to obtain the correct symbol code 55

56 WebPages For Producers A company name and address directory is available at Aipso.com/ny in the left column under New York Plan Links Scroll down this same page for a list of Plan Documents which includes the Application Deficiency Code list. 56

57 WebPages For Producers The Company Directory provides DMV codes and contact information for all carriers receiving assignments or having policies in effect from prior NYAIP assignments. 57

58 WebPages For Producers Since PASS displays for you any application deficiencies, the deficiency code list is provided on aipso.com/ny under Plan Documents. 58

59 MVRs Surcharges PASS automatically orders MVRs and CLUE reports for private passenger applications. The data from the MVR is prefilled into the application and used to develop the rate and deposit premiums. Information not provided on the reports must be entered by the producer. Surcharge determination and specific nonchargeable accident explanation is necessary to provide applicants with proper surcharge premium and carriers with any adequate non-chargeability. 59

60 Surcharges Surcharge Experience Period The experience period is the 3 years ending on the last day of the 4 th month preceding the effective date of the new or renewal policy 60

61 Policy Effective: MONTH Surcharges Surcharge Experience Period Each period begins and ends on the same day of the same month. For example the surcharge period for January 2012 is Sep 30, 2008 through Sep 30, YEAR Surcharge Period Surcharge Period Surcharge Period Jan Sep Sep Sep Feb Oct Oct Oct Mar Nov Nov Nov Apr Dec Dec Dec May Jan Jan Jan Jun Feb Feb Feb Jul Mar Mar Mar Aug Apr Apr Apr Sep May May May Oct Jun Jun Jun Nov Jul Jul Jul Dec Aug Aug Aug

62 Surcharges Rule 29 Additional Charges A.Eligibility -This Rule applies to private passenger automobiles, low speed vehicles, personal use motorcycles, ATVs, snowmobiles, antique autos, classic autos, and named non-owners. Exception:For risks of five or more motor vehicles, refer to Rule 51 for application of additional charges if the risk is not eligible for experience rating. B.Experience Period -Determine additional charges based on accidents and convictions occurring during the three years ending on the last day of the fourth month preceding the effective date of the new or renewal policy. 62

63 Surcharges Rule 29 Additional Charges C. Application -Additional charges are applicable to bodily injury liability, property damage liability, mandatory personal injury protection, and collision coverages. Exception: For motorcycles, additional charges are applicable to bodily injury liability, property damage liability, personal injury protection, medical payments, and collision coverages only. D.Assign penalty points for convictions and accidents involving the applicant, principal operator, and anyone who usually operates the motor vehicle. 63

64 Surcharges 64

65 Surcharges 65

66 Surcharges Note: Assign two penalty points for conviction of two separate moving traffic violations other than those set forth above and two penalty points for each additional conviction. Moving traffic violations include: (1) Operating a motor vehicle in violation of a restriction on a driver s license as defined In Section of the Vehicle and Traffic Law; (2) High occupancy vehicle (HOV) lane violations. Please refer to Note for Penalty Pointsapplicable to Mobile Device Surcharge. 66

67 Surcharges Note: Assign two penalty points for: (1) the first two automobile accidents, other than those set forth above, resulting in damage to any property, including his or her own, regardless of the amount of damage and two points for each additional accident. (2) the first two at-fault accidents that were incurred by operators other than usual operators and two points for each additional accident. 67

68 Surcharges Rules of Application a. Do not assign penalty points for accidents and/or convictions incurred by an operator demonstrated to be a named insured or an operator of an automobile insured under a separate policy provided that an additional charge for such accident/conviction has been applied to said policy and satisfactory proof of same is secured by the assigned carrier. b. Do not consider an automobile rolling from a parked position as lawfully parked, but consider it as the operation of the last operator. 68

69 Surcharges Multicar Risks (1) Where there is a single operator, apply penalty points to the highest rated motor vehicle subject to a maximum additional charge of 200%. (2) Where there are multiple operators, apply penalty points of each operator to the motor vehicle they usually operate subject to a maximum additional For private passenger automobiles or motorcycles, penalty points are assignable for accidents only while operating a private passenger automobile or motorcycle. 69

70 Surcharges Refund of Additional Charge Refund or credit any additional premium to present or former insureds in any of the following circumstances: An insured has the option of receiving a dollarrefundinlieuofacreditif (1) it is subsequently established that the accident for which an additional charge was applied falls under one of the exceptions enumerated above, or (2) the conviction for a chargeable violation or traffic infraction is ultimately reversed, or (3) an additional charge was levied through mistake, carelessness, misinformation, or other error, or (4)the insurer has established a reserve but no claim was submitted for a period of the three years after the date of the incident, or the statute of limitations has run and no suit has been filed. the insurer has established a reserve but no claim was submitted for a period of the three years afterthedateoftheincident,orthestatuteoflimitationshasrunandno suit has been filed. 70

71 Surcharges Snowmobiles Penalty points applicable for the rating of other vehicles owned by the insured will have dual application and additionally be applied in the rating of a snowmobile. h. Assign penalty points for all accidents resulting in bodily injury or property damage or for violations resulting in convictions incurred during a period of suspension or revocation of the operator s license of an applicant, insured, other usual operator, or any individual operator, 71

72 Surcharges 4. Exceptions a. Do not consider the following as moving traffic violations: (1)Any motor vehicle equipment requirement of the Vehicle and Traffic Law, including any seat belt violation (2) Failure to display proper number plates provided such plates are in existence (3) Failure to have in possession operator s or chauffeur s license provided there is one in existence (4) Failure to display an inspection sticker provided such sticker is in existence 72

73 Surcharges b. Do not assign penalty points for accidents under the following circumstances: (1) when the auto was lawfully parked; or (2) the insured or insurer has received reimbursement or a judgment of 33⅓% or more of the value of the insured s property damage claim. The value of the insured s property damage claim is defined as the lesser of the adverse carrier s or the insured s estimate; or (3) when the auto of the insured or other operator resident in the same household was struck in rear by another vehicle, and the insured or other resident operator has not been convicted of a moving traffic violation in connection with the accident; or 73

74 Surcharges b. Do not assign penalty points for accidents under the following circumstances: (4) when there was another motor vehicle involved in the accident, the driver of the other motor vehicle was convicted of a moving traffic violation, and the applicant, insured, or other operator was not convicted of a moving traffic violation; or (5) when the auto operated by the insured or other operator resident in the same household was struck by a hit-and-run vehicle, if the accident is reported to the proper authority within 24 hours by the insured or resident operator; or (6) accidents involving damage caused by contact with animals; or 74

75 Surcharges b. Do not assign penalty points for accidents under the following circumstances: (7) accidents resulting in damage limited to and caused by flying gravel, missiles, or falling objects; or (8) applicant, insured, other operator resident in the same household, or owner who receives payment under mandatory personal injury protection or additional personal injury protection when such individual is not at fault or the vehicle was not in operation. The establishment of a residual bodily injury liability reserve will not in itself imply that the insured was at fault. An additional charge may not be imposed for bodily injury if the accident that resulted in the bodily injury is already subject to an additional charge; or 75

76 Surcharges b. Do not assign penalty points for accidents under the following circumstances: (9) when a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency was using any vehicle in the performance of his or her duty, or was performing any other governmental function in a public emergency; or (10) when the insured or other resident in the insured s household operates a vehicle for hire or a motor vehicle other than a private passenger automobile, and the accident occurred while in the course of employment and said accident did not result in a conviction for a moving traffic violation; or 76

77 Surcharges b. Do not assign penalty points for accidents under the following circumstances: (11) accidents involving bodily injury or property damage occurring while the insured was operating, as an employee, a motor vehicle, other than a public livery vehicle, furnished to such employee, by the employer. This exception does not apply under either of the following circumstances: (a) The insured was not acting within the scope of employment and in thedischargeofhisorherdutiesatthetimeoftheaccident. (b) The accident was caused by the intentional actions or recklessness oftheinsured,orbythenegligentoperationofthemotorvehicleby the insured. The term negligent operation as used here does not include the insured s failure to refuse to drive or operate a vehicle that has a defective condition where the insured is aware of the defective condition and has reported it to his or her immediate supervisor or employer. 77

78 Surcharges b. Do not assign penalty points for accidents under the following circumstances: (12) accidents incurred by an operator demonstrated to be a named insured or a principal operator of an auto insured under a separate policy provided that a additional charge for such accident has been applied to said policy; or (13) accidents for which the operator is not at fault. The establishment of a reserve will not in itself imply that the operator was at fault. 78

79 Surcharges Additional Charges Rule 29 Penalty Points Factor or more

80 Surcharges Inexperienced Operator Must be principal operator (50% or greater use) 20% charge for Liability, PIP and Collision coverages 80

81 Discounts Accident Prevention Course Passive Restraints Anti-lock Brakes Running Lights Anti-theft Device Multicar Driver Training Careful Driver Credit 81

82 Coverage Supplementary Spousal Liability ATV Restrictions: 25/50/10 Snowmobiles: 10/20/5 Increased limit factors (Rule 23 for private passenger types and Rule 50 for commercial see charts on next two pages) 82

83 Limits of Liability Coverage Bodily Injury Liability 25/50-50/ / /500 Property Damage Liability Commercial CSL , 750,000, 1,000,000 1,500,000 and 5,000,000 (available if required by law) 83

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