Sec. 31.04.19.04. Submission Requirements for File and Use Method

A. An insurer may request that a form filing be accepted under a file and use method.

B. The cover letter included with forms filed under the file and use method shall include the following:

(1) A reference line that indicates that the forms are being filed under the file and use method;

(2) A list of the forms included in the submission; and

(3) For each form listed in the cover letter required under §B(2) of this regulation, a cite to the authority to file the form under Regulation .05 of this chapter.

C. The use of the file and use method shall be limited in accordance with the types of forms specified in Regulation .05 of this chapter.

D. An insurer may not combine in the same submission:

(1) Forms filed under the file and use method; and

(2) Forms filed under the prior approval method.

E. A request under a file and use method shall include a signed certification from a responsible officer that, to the best of the officer's knowledge and belief, the forms comply with applicable statutes and regulations.

F. A filing made under a file and use method shall be subject to the same filing fee requirements applicable to filings made under a prior approval method.

G. An insurer may issue a form for delivery in Maryland that was filed under the file and use method at the earlier of the following dates:

(1) 30 days after the date the form has been received by the Commissioner, provided the Commissioner has not previously disapproved the filing; or

(2) The date the insurer receives written notice from the Commissioner that the filing has been accepted under the file and use method.

H. An insurer may not use the file and use method before the insurer has had a certificate of authority to write the same type of coverage in Maryland for at least 12 months.

I. An insurer may not use the file and use method to file a form in Maryland if:

(1) The form has previously been disapproved by the Commissioner;

(2) The form has been previously filed for approval with the Commissioner under the prior approval method and is still pending final disposition with the Commissioner; or

(3) The Commissioner has decided that the form has been previously withdrawn by the insurer in accordance with COMAR 31.04.17.05.