House
Study
Bill
520
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
YOUNG)
A
BILL
FOR
An
Act
relating
to
withdrawal
requirements
for
insurance
1
companies,
insurance
company
affiliates,
and
other
entities
2
engaged
in
the
business
of
insurance.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
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H.F.
_____
Section
1.
NEW
SECTION
.
505.36
Insurer
——
withdrawal
1
requirements.
2
1.
Definitions.
As
used
in
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Commissioner”
means
the
commissioner
of
insurance.
5
b.
“Insurer”
means
an
insurance
company,
an
affiliate
of
6
an
insurance
company,
or
other
legal
entity
authorized
to
7
engage
in
the
business
of
insurance
in
this
state,
including
8
a
reciprocal
exchange,
an
interinsurance
exchange,
and
a
9
lloyd’s
plan.
“Insurer”
does
not
include
an
eligible
surplus
10
lines
insurer
under
chapter
515I,
a
county
mutual
insurance
11
association
under
chapter
518,
a
state
mutual
insurance
12
association
under
chapter
518A,
an
entity
offering
health
13
coverage,
or
an
entity
offering
accident
and
sickness
coverage.
14
2.
Exemption.
This
section
shall
not
apply
to
a
transfer
of
15
business
from
one
insurer
to
another
insurer
if
the
insurer
to
16
whom
the
business
is
being
transferred
is
all
of
the
following:
17
a.
Within
the
same
insurance
holding
company
system
as
the
18
insurer
from
whom
business
is
being
transferred.
19
b.
Authorized
to
engage
in
the
business
of
insurance
in
this
20
state.
21
c.
Not
a
reciprocal
or
interinsurance
exchange,
a
lloyd’s
22
plan,
a
state
mutual
insurance
association,
or
a
county
mutual
23
insurance
association.
24
3.
Withdrawal
plan
required.
An
insurer
shall
file
a
25
withdrawal
plan
with
the
commissioner
in
any
of
the
following
26
circumstances:
27
a.
The
insurer
intends
to
reduce
the
insurer’s
total
annual
28
premium
volume
in
the
state
by
fifty
percent
or
more.
29
b.
For
an
insurer
whose
premiums
for
the
immediately
30
preceding
year
are
greater
than
one
tenth
of
one
percent
of
the
31
total
direct
premiums
written
in
this
state
by
all
insurers
32
for
that
line
of
business
in
the
four
most
recent
quarters
of
33
published
data
on
the
division’s
internet
site,
the
insurer
34
intends
to
reduce
the
insurer’s
total
annual
premium
in
the
35
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state
in
a
line
of
insurance
by
seventy-five
percent
or
more.
1
c.
For
any
line
of
business
with
annual
premiums
greater
2
than
twenty
thousand
dollars,
the
insurer
intends
to
reduce
the
3
insurer’s
total
annual
premium
volume
in
the
state
in
a
line
of
4
private
passenger
automobile
insurance,
homeowners
insurance,
5
or
dwelling
property
insurance
by
fifty
percent
or
more.
6
4.
Withdrawal
plan.
7
a.
A
withdrawal
plan
filed
under
this
section
shall
provide
8
for
all
of
the
following:
9
(1)
The
insurer
fulfilling
all
contractual
obligations.
10
(2)
The
insurer
providing
service
to
all
policyholders
and
11
claimants.
12
(3)
The
insurer
meeting
all
statutory
obligations,
13
including
but
not
limited
to
payment
of
assessments
to
the
14
guaranty
fund
and
participation
in
an
assigned
risk
plan.
15
b.
A
withdrawal
plan
filed
pursuant
to
this
section
shall,
16
at
a
minimum,
include
all
of
the
following:
17
(1)
The
date
on
which
the
insurer
proposes
to
commence
18
execution
of
the
withdrawal
plan,
and
the
date
on
which
19
execution
of
the
withdrawal
plan
will
be
completed.
20
(2)
The
reason
for
withdrawal
for
each
line
of
insurance.
21
(3)
Each
policy
form
by
number,
and
all
of
the
following
22
information:
23
(a)
The
total
number
of
policyholders.
24
(b)
The
total
amount
of
premiums
impacted
for
each
line
of
25
insurance.
26
(4)
The
total
number
of
insurance
producers
impacted
for
27
each
line
of
insurance.
28
(5)
A
copy
of
the
notification
the
insurer
will
provide
to
29
each
impacted
insurance
producer.
30
(6)
A
copy
of
the
notification
or
nonrenewal
the
insurer
31
will
provide
to
each
impacted
policyholder.
32
(7)
Details
regarding
the
insurer’s
fulfillment
of
33
contractual
obligations
to
the
insurer’s
policyholders
during
34
the
withdrawal.
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(8)
Whether
replacement
coverage
will
be
provided
to
a
1
policyholder
and,
if
so,
the
insurer
shall
provide
all
of
the
2
following:
3
(a)
The
insurer’s
relationship
with
the
replacing
insurer.
4
(b)
The
underwriting
requirements
and
rates
that
will
be
5
used
to
underwrite
the
policyholder.
6
(9)
An
estimate
of
the
percentage
of
the
Iowa
market
7
affected
by
withdrawal.
8
(10)
Any
third-party
contracts
that
provide
for
continuity
9
of
coverage
for
policyholders.
10
(11)
A
list
of
the
lines
of
insurance
that
the
insurer
will
11
continue
to
offer
in
the
state.
12
5.
Commissioner
approval.
13
a.
Except
as
provided
in
paragraph
“b”
,
the
commissioner
14
shall
approve
a
withdrawal
plan
that
has
been
determined
to
15
meet
all
of
the
following
requirements:
16
(1)
The
withdrawal
plan
provides
a
minimum
of
one
hundred
17
eighty
calendar
days’
notice
to
the
commissioner.
18
(2)
The
withdrawal
plan
includes
notice
to
policyholders
as
19
required
by
chapter
515.
20
(3)
The
withdrawal
plan
complies
with
subsection
4.
21
b.
If
the
commissioner
finds
that
a
withdrawal
plan
does
22
not
comply
with
paragraph
“a”
,
the
commissioner
may
modify,
23
restrict,
limit,
or
deny
the
withdrawal
plan.
24
c.
An
insurer
may
request
a
hearing
within
thirty
calendar
25
days
of
the
commissioner’s
decision
to
modify,
restrict,
limit,
26
or
deny
the
insurer’s
withdrawal
plan.
A
hearing
under
this
27
paragraph
shall
be
held
within
sixty
calendar
days
of
the
28
insurer’s
request
unless
a
later
date
is
agreed
to
by
the
29
insurer
and
the
commissioner,
or
permitted
by
the
commissioner
30
for
good
cause.
31
6.
Resumption
of
writing
insurance
after
withdrawal.
An
32
insurer
that
withdraws
from
writing
all
lines
of
insurance
33
in
the
state
shall
not,
without
prior
approval
of
the
34
commissioner,
resume
writing
insurance
in
the
state
for
a
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_____
minimum
of
five
years
from
the
date
of
completion
of
the
1
insurer’s
withdrawal.
2
7.
Remedies.
A
violation
of
this
section
shall
constitute
3
an
unfair
method
of
competition
and
unfair
or
deceptive
act
or
4
practice
under
section
507B.4.
5
8.
Rules.
The
commissioner
may
adopt
rules
pursuant
6
to
chapter
17A
as
necessary
to
administer
and
enforce
this
7
section.
8
Sec.
2.
Section
507B.4,
subsection
3,
Code
2026,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
w.
Improper
withdrawal
of
an
11
insurer.
Failure
of
an
insurer
to
comply
with
section
12
505.36.
As
used
in
this
paragraph,
“insurer”
means
the
same
as
13
defined
in
section
505.36,
subsection
1.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
withdrawal
requirements
for
insurance
18
companies,
insurance
company
affiliates,
and
other
entities
19
engaged
in
the
business
of
insurance.
20
The
bill
requires
an
insurer,
prior
to
withdrawing,
to
file
21
a
withdrawal
plan
(plan)
with
the
commissioner
of
insurance
22
(commissioner)
if
the
insurer
intends
to
reduce
the
insurer’s
23
total
annual
premium
volume
in
the
state
by
50
percent
or
more,
24
intends
to
reduce
the
insurer’s
total
annual
premium
in
the
25
state
in
a
line
of
insurance
by
75
percent
or
more,
or
intends
26
to
reduce
the
insurer’s
total
annual
premium
volume
in
the
27
state
in
a
line
of
private
passenger
automobile
insurance,
28
homeowners
insurance,
or
dwelling
property
insurance
by
50
29
percent
or
more.
Withdrawal
requirements
do
not
apply
to
a
30
transfer
of
business
from
one
insurer
to
another
insurer
that
31
are
both
within
the
same
insurance
holding
company
system
32
if
the
insurer
to
whom
the
business
is
being
transferred
is
33
authorized
to
engage
in
the
business
of
insurance
in
the
34
state,
and
the
business
is
not
a
reciprocal
or
interinsurance
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H.F.
_____
exchange,
a
lloyd’s
plan,
or
a
state
or
county
mutual
insurance
1
association.
“Insurer”
is
defined
in
the
bill.
2
If
the
plan
meets
all
of
the
requirements
as
described
in
3
the
bill,
the
commissioner
shall
approve
the
plan.
If
the
4
commissioner
finds
that
a
plan
does
not
meet
all
requirements,
5
the
commissioner
may
modify,
restrict,
limit,
or
deny
the
6
withdrawal
plan.
7
An
insurer
may
request
a
hearing
on
the
commissioner’s
8
decision
as
described
in
the
bill.
An
insurer
that
withdraws
9
from
writing
all
lines
of
insurance
in
the
state
shall
not,
10
without
prior
approval
of
the
commissioner,
resume
writing
11
insurance
in
the
state
for
a
minimum
of
five
years.
A
12
violation
of
the
withdrawal
requirements
constitutes
an
unfair
13
method
of
competition
and
unfair
or
deceptive
act
or
practice.
14
The
commissioner
may
adopt
rules
to
administer
and
enforce
the
15
bill.
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