Life insurance illustrations filing guidance (.pdf)
NEW! Minnesota Statutes have established two new and separate reporting, filing and disclosure requirements related to life insurance illustrations. One is related to new SERFF filings, and the other must be filed at a specific email address. This document provides instructions on how to comply with each and includes a special email address for filings.
Checklist: Credit Insurance (.pdf)
Effective July 1, 2009 Minnesota adopted new rules governing rates and forms for credit life and disability insurance. You do not need to submit the checklist with your filing.
The Department will NOT approve terrorism exclusions for workers' compensation products due to the fact that the Workers' Compensation Reinsurance Association (WCRA) has announced that it will continue to provide reinsurance coverage for any future terrorism losses. All workers' compensation insurers licensed in Minnesota are required to be a member of the WCRA under Minnesota Statute 79.34. According to the statute, the WCRA is required to provide 100 percent indemnification for ultimate loss sustained by its members in each loss occurrence relating to one or more claims arising out of a single compensable event in excess of the retention limit selected by the member.
Minnesota Statutes §§ 62S.28, subd. 1 and 62A.31, subd. 5 – As of May 1, 2009, advertising materials for Long-Term Care and Medicare Supplement Insurance are to be submitted via SERFF. Department Bulletin 2009-1, issued on January 28, 2009 contains the necessary filing details.
Minnesota Statute §60A.08, subd. 5 states: “All insurance policies shall be signed by the secretary or an assistant secretary, and by the president or vice president, or in their absence, by two directors of the insurer. The signatures may be facsimile signatures.
1. The cover/signature pages must be filed.
2. The revision date the form must be changed, but a new form number is not required.
3. The Department does not accept bracketing of officer signatures.
Minnesota Rule Part 2605.0400 and Minnesota Statute §60A.08, subd. 5 – This department does not accept bracketing of officer signatures.
Endorsements that serve to correct the contract/policy at issue are not acceptable for approval. The practice of issuing endorsements to correct a contract/policy impacts readability and revising contract/policy terms and conditions in this manner will not be approved for use at issue. Companies must incorporate proposed changes within the text of the contract/policy and file for prior approval. Revised forms must be identified to indicate that a change has occurred since the prior approval. Companies may revise the form number or include a new edition date next to the form number. If the change being made to the policy is minor and does not impact other sections of the policy, you may file just the affected page or pages.
Endorsements used with in-force contracts/policies:
Identify the contract/policy to be amended by form number and include the approval date and SERFF tracking number.
If provisions within the contract/policy are being revised, provide a red-lined copy of the original form, highlighting the changes.
Explain why the endorsement is necessary and how it enhances the contract/policy. Endorsements that eliminate benefits or increase costs within an approved form are unacceptable.
All new filing submissions must contain a certification that the filing submission is in compliance with all statutes and administrative rules. A separate filing certification form is not required. Instead, please incorporate your certification language under the General Information tab of your SERFF filing.
Language similar to the following will be acceptable:
“I certify that I have reviewed the contents of this filing, and all applicable Minnesota statutes and administrative rules prior to its submission. I understand that if this filing does not comply with Minnesota statutes and administrative rules, the Minnesota Department of Commerce may take administrative action, including levying of fines against the company.
Property & Casualty Filings not including Workers’ Compensation Filings
The Filing Certification Form (Standard), which appears on the Supporting Documentation tab in SERFF must be completed and submitted with all filings. The only exception is if the company submitting a Personal Auto or Homeowners filing under the Expedited Form and Rate Filing provisions of Minn. Stat. §60A.315. In that case the Expedited Filing Certification Form, which also appears on the Supporting Documentation tab in SERFF, should be completed and submitted instead.
Workers’ Compensation Filings
No filing certification form is required form workers’ compensation filings.
For Association filings you must submit a copy of the association’s constitution or by-laws demonstrating that the requirements of Minn. Stat. §60A.02, subd. 1a have been met. Applies to all types of insurance
When submitting a life, annuity, or supplemental health group filing in SERFF, you should complete the Market Type field as Group and the Group Market Type as Employer or Association, whichever is applicable.
Affinity Programs – applies to private passenger automobile, homeowners, and pet insurance
The Affinity Program Process can be found on the Supporting Documentation tab when creating a filing for one of the three types of insurance for which affinity programs are permitted under Minn. Stat. §72A.328. A copy of the Affinity Program Form, which also can be found on the Supporting Documentation tab, must be attached for every affinity program included in the filing.
Minn. Stat. §§61A.70 – 61A.745: Appointments and changes of illustration actuaries, as well as the required annual illustration certifications, must be submitted to the Department via SERFF. When submitting annual illustration certifications, please select “Annual Illustration Certifications” as the TOI. When submitting an appointment or change of illustration actuary, please select “Appointment or Change of Illustration Actuary” as the TOI. There are no SERFF filing fees for these submissions. Any questions regarding this topic are to be emailed to firstname.lastname@example.org.
The department does not accept matrix language on new contract/policy filings. Forms must be formatted in a manner that allows the department to determine how the forms (contract/policy, rider, etc.), will look at issue.
The department provided issuers a review on Medicare Supplement plans during a webinar presented on June 11, 2019. This webinar included an overview of Minnesota’s Medicare Supplement coverages, laws and filing rules. In addition to the review, the Department also provided an overview of Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) and the recent legislation passed during the 2019 legislative session to show conformity with the Federal requirements. While the Department is making this presentation publicly available, this is meant only to be a guide to assist you with your product filings. This document is in no way exhaustive or a complete statement of all requirements and provisions that might be applicable, and does not replace the form compliance review process. Please note that the power point presentation may only include part of an applicable law or regulation. Therefore, issuers should refer to all relevant Minnesota Statutes and Rules as well as applicable Federal law in developing product filings that they submit to the Department for approval. This tool is not a legal document, nor used by enforcement. To the extent the provisions in this Checklist Guide conflict with state or federal law, companies making filings should comply with the language of state or federal law. This document is a representation of general provisions and should not be construed as a legal opinion or advice.
Please submit an explanation of all variability in forms; including ranges, which may be attached to the Supporting Documentation tab in SERFF. Approval is limited to the language provided in the MOV/SOV. Please refer to the Filing Rules in SERFF for additional information on MOV/SOVs.