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State RegulationsNY specificDifficulty 3/5

A New York insurer that issued guaranteed renewable long-term care policies experiences rising claims costs across its entire block of business. Under Reg 62, how may the insurer respond?

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Answer & full 3-part explanation (select an option above, or peek)

Why C is correct

Under Reg 62 (11 NYCRR Part 52), the guaranteed renewable standard allows a New York long-term care insurer to adjust premiums only on a class basis - the same percentage change for every policy in the class, subject to the regulatory approval process - and never selectively against particular insureds. The trade-off the law imposes is simple: the insurer may re-price the class, but it may not target the sick or the claimants.

Why the other options are wrong

  • A) A claims-based surcharge is individual underwriting in disguise; premium changes must be class-wide and cannot single out insureds who used their benefits.
  • B) Health deterioration since issue is not a permissible ground for cancelling or refusing to renew a guaranteed renewable long-term care policy.
  • D) Benefits already written into the policy cannot be unilaterally stripped down; reducing coverage is not a lawful substitute for a class rate increase.

Memory hook

Rate the class, never the claimant.

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