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1997 Exemption Order Rescission FAQ

These forms, etc. have been exempt from filing since 1997?  Why the change?
What types of forms are required to be filed?
Are group policies required to be filed?
Are group rates required to be filed?
Are policies sold to exempt commercial policyholders affected by this change?
What is the timeline/deadline for submitting these forms?
Do existing forms currently in use have to be filed with OFIR as of August 1st?
Can an insurer continue to use forms currently in use?
If an existing policy form is amended, is it required to be submitted to OFIR as of August 1st?
How long does OFIR anticipate it will take staff to complete its review of each filing?
 
 
Question These forms, etc. have been exempt from filing since 1997?  Why the change?
Answer

OFIR Commissioner Ken Ross has concluded this review is necessary in order to protect the welfare of Michigan citizens.

   
Question What types of forms are required to be filed?
Answer

All personal lines of insurance – including, but not limited to, life, health and annuities.

   
Question Are group policies required to be filed?
Answer Yes.  All group policies, such as those sold to an employer, which are purchased for the personal, family, or household purposes of the covered individuals are required to be filed.
   
Question Are group rates required to be filed?
Answer

Group rates for life and health coverage do not need to be filed. However, group rates for personal lines property and casualty coverage must be filed.

   
Question Are policies sold to exempt commercial policyholders affected by this change?
Answer

No.  The exemption contained in MCL 500.2236(8)(e), which applies to policies sold to exempt commercial policyholders, is unaffected by the Commissioner’s Order. 

   
Question What is the timeline/deadline for submitting these forms?
Answer

All new filings must be submitted to OFIR through SERFF as of August 1, 2010.

   
Question Do existing forms currently in use have to be filed with OFIR as of August 1st?
Answer

No.  Existing policy forms currently in use do not need to be submitted to OFIR at this time.   OFIR will be requesting these forms at a later date

   
Question Can an insurer continue to use forms currently in use?
Answer

Any forms previously exempt from filing and are currently being marketed/sold in Michigan can continue to be used.

   
Question If an existing policy form is amended, is it required to be submitted to OFIR as of August 1st?
Answer

Yes.  Amended filings are considered new filings, which will be required to be submitted to OFIR as of August 1st.

   
Question How long does OFIR anticipate it will take staff to complete its review of each filing?
Answer

OFIR is allowed 30 days from the date of submission to review all policy forms.  The only exception to the 30-day timeframe is advertising, which OFIR is allowed 45 days.  If the filing is not reviewed within these statutory timeframes, the filing will be deemed approved.

   
   

The answers provided are not meant to be a substitute for legal advice.

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