31.13.03.21

.21 Review of Credit Operations.

A. Review Required.

(1) Every insurer transacting credit involuntary unemployment benefit insurance business in Maryland shall conduct a review of each of its creditor accounts with respect to the credit involuntary unemployment benefit insurance business of the creditor to ensure compliance with the insurance laws and regulations of Maryland.

(2) Unless a satisfactory review has been made within 2 years before the effective date of this chapter, the first review shall be made not later than 15 months after the effective date of this chapter or of the date of the initial credit involuntary unemployment benefit insurance transaction between the creditor and the insurer, whichever is later.

(3) After review under §A(2) of this regulation, a review shall be made not later than 36 months after the last preceding review.

B. The review shall include but need not be limited to a determination that:

(1) The proper premium charges to debtors are made by the creditor and remitted in a timely manner to the insurer;

(2) The proper refunds are being accurately calculated and promptly made by the creditor;

(3) All claims are being filed promptly and properly handled;

(4) Amounts of insurance payable in excess of the amounts necessary to extinguish the indebtedness are properly calculated and reported to the insurer in proofs of loss; and

(5) The creditor is promptly and fairly processing complaints concerning its credit insurance operations and is maintaining proper procedures for, and records of, the complaints processed.

C. Insurers shall retain copies of the reviews in their home offices for at least 5 years.

D. An insurer may retain copies of the reviews in paper, photographic, microprocessed, magnetic, mechanical, electronic, digital, or any other medium if the copies of the reviews are maintained in a manner that:

(1) Is clear and legible;

(2) Accurately represents the original document in its entirety, including any attachment to the document;

(3) Is capable of producing a clean and legible hard copy of the original document; and

(4) Preserves evidence of any signature contained in the original document.