For Insurers

Applying the regulatory surcharge

The policyholder surcharge applies to all lines of insurance and must be at a uniform rate that is “reasonably calculated.” It also must be separately stated on either a billing statement or a policy statement sent to an insured.

“Reasonably calculated” means the policyholder surcharge is based on the portion of the regulatory surcharge that is applicable to that policy. For example, if personal lines auto insurance makes up 40% of a company’s premium volume, then 40% of the company’s regulatory surcharge should be uniformly charged to personal lines auto policies.

“Uniformly charged” means the policyholder surcharge is based on the policy’s annual premium and not a fixed amount assessed without considering the policy’s annual premium.

If an insurer decides to collect the regulatory surcharge directly from its policyholders, may a policy be canceled for non-payment if the policyholder does not remit the policyholder surcharge with the premium payment?

No. The regulatory surcharge and resultant policyholder surcharge is not considered part of premium and an insurer may not cancel a policy solely because a policyholder fails to remit the surcharge to the insurer.

Does an insurer have to file new rates (if rates/rating manuals must be filed for a line of business) if it does not plan to recoup the regulatory surcharge by using a direct policyholder surcharge?

No. If an insurer continues to include the regulatory surcharge in its rate structure, a new rate filing is not necessary. See Section 2 of Understanding the regulatory surcharge for further guidance.