31.08.12.02

.02 Filing a Temporary Moratorium Protocol.

A. An insurer that intends to activate a temporary moratorium in response to an event or emergency listed in Regulation .03C of this chapter shall file its moratorium protocol with the Administration.

B. The moratorium protocol shall:

(1) Be filed with the Commissioner as an underwriting standard or as a rating rule prior to its use;

(2) Be filed for all lines of insurance business to which the underwriting standard or rating rule applies;

(3) Identify the events or emergencies listed in Regulation .03C of this chapter that will trigger the activation of the temporary moratorium; and

(4) Identify the events that will result in the deactivation of the temporary moratorium.

C. If a moratorium protocol under žB of this regulation is not filed with the Administration, a temporary moratorium as described in §A of this regulation is not valid and may subject the insurer to appropriate administrative action.