The NAIC Innovation and Technology (EX) Task Force met December 4th and discussed and adopted model law language amendments to the Unfair Trade Practices Act (#880) pertaining to anti-rebating. The adopted amendments permit the offer or provision by insurers or producers, by or through employees, affiliates or third party representatives, of value-added products or services at no or reduced cost when such products or services are not specified in the policy of insurance if the product or service relates to the insurance coverage and meets certain other specified criteria. By way of example, under the revised model language, an insurer or a producer may:
(i) Relates to the insurance coverage; and
(ii) Is primarily designed to satisfy one or more of the following: (I) Provide loss mitigation or loss control; (II) Reduce claim costs or claim settlement costs; (III) Provide education about liability risks or risk of loss to persons or property; (IV) Monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk; (V) Enhance health; (VI) Enhance financial wellness through items such as education or financial planning services; (VII) Provide post-loss services; (VIII) Incent behavioral changes to improve the health or reduce the risk of death or disability of a customer (defined for purposes of this subsection as policyholder, potential policyholder, certificate holder, potential certificate holder, insured, potential insured or applicant); or (IX) Assist in the administration of the employee or retiree benefit insurance coverage.
(iii) The cost to the insurer or producer offering the product or service to any given customer must be reasonable in comparison to that customer’s premiums or insurance coverage for the policy class.
(iv) If the insurer or producer is providing the product or service offered, the insurer or producer must ensure that the customer is provided with contact information to assist the customer with questions regarding the product or service.
(v) The availability of the value-added product or service must be based on documented objective evidence and offered in a manner that is not unfairly discriminatory.
NAIC Executive Committee adopted the amendments at its Committee Meeting on December 9th.
The post NAIC Adopts Amendments to the Unfair Trade Practices Act Model Pertaining to Anti-Rebating appeared first on Insurance & Reinsurance.
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