Attorney General Calls for Massachusetts Auto Insurance Rate Hearing

Attorney General Martha Coakley's Office issued a request to the Department of Insurance (DOI) to initiate the administrative review to assess the rates of a new auto insurance company in the market in Massachusetts. Occidental Fire and Casualty Insurance Company of North Carolina (Occidental) returns to the drivers of Massachusetts charging rates that are based on the rates the company charges”high risk” drivers. The company also seeks additional fees and surcharges that the further increase in costs for a number of potential drivers. In its rate filing Occidental failed to provide required data to justify additional rate is charged to policyholders, including the good drivers and do not justify their proposals for fees and surcharges.

"We have serious concerns Occidental proposed rates and this will have an impact on drivers without insurance different choices," said Attorney General Coakley. "We have recently learned that a number of auto insurers in Massachusetts are not renewing contracts with multiple agents or agents of the city in less affluent, minority areas. Occidental If only companies offering insurance in these areas, many consumers are directed to pay these unjustified and excessive contributions. "

The Attorney General's Office has the right to challenge the proposed premium rates under Massachusetts law. In accordance with state law, if the Attorney General's Office challenges the rate of application, the Commissioner of Insurance can not approve Occidental's feet without a public hearing. At the hearing, Attorney General's Office is entitled to cross examine the testimony of witnesses and to ensure by independent experts on the proposed rate.

Occidental submitted its initial rate filing for 13 February 2009. The company proposes to charge the base rate which is higher than 10% of the basic rate charged by Massachusetts' residual market last year. Residual market pool of drivers is that insurance companies consider to be "high risk" and usually do not have to offer policies. A "high risk "driver is someone who is insured, usually with poor driving record, which has to pay the losses that are above average. While the residual market interest rates are generally much higher than average rates because they are based on high-risk pool drivers, Occidental does not provide support or justification in its submission to charge similar rates to all its consumers, not just those who are high risk.

The Attorney General's Office is also a challenge to various provisions of Occidental's application to be unfair or in any other manner inconsistent with the law in Massachusetts. Here are some examples:

• The company proposes to add 35% surcharge on each policy that can not verify your driving record. This includes any official from a foreign country that can not be obtained in English. Under this policy, each of the recent immigrants do not speak English, the country can not be charged to evaluate the inexperienced driver, but in addition, 35% surcharge, which the Attorney General challenges unjustified.
• Occidental high fees and unnecessary charges, including $ 25 policy fee "to" cover the costs necessary to attract the customer and write, "and $ 8 an installment fee in violation of Massachusetts law if the fees are not justified.
• Occidental requires consumers to pay a deductible in addition to comprehensive general deduction of glass on glass claims in violation of Massachusetts law.
• Occidental may prevent consumers from its policy after the restoration of their receipt of the notice of appeal for nonpayment, which is contrary to the law of Massachusetts.

This case is handled by Assistant Attorneys General Monica Brookman and Peter Leight Attorney General Coakley to the insurance and financial services Division.