
PDF version of FAQs
Frequently Asked Questions and Answers regarding the 2007
TRIA Extension - Provided by The Hartford:
Q: What is the effective period of the 2007 Terrorism Risk Insurance Act?
A: This act, entitled “Terrorism Risk Insurance Program
Reauthorization Act of 2007 (TRIPRA), became effective immediately upon the
President’s signature (December 26, 2007), and will remain in effect until
December 31, 2014.
Q: Did the Reauthorization Act result in any
significant changes from the prior legislation?
A: Yes, as a result of the December 2007 legislation, three major
changes were made to the federal program:
- The definition of “certified acts of terrorism” was amended to include
what is commonly referred to as domestic acts of terrorism. This is viewed
as a major improvement in the legislation, as TRIA could now address
attacks similar to those in London and Madrid, however, as a policy may
contain a limitation or exclusion relating to “certified acts of
terrorism” and/or “other acts of terrorism” or “non-certified acts of
terrorism” this change in the legislation may impact coverage.
- The operation of the $100 billion cap on losses in a Program Year
(January 1 through December 31) has been clarified.
- The federal participation in the payment of terrorism losses has been
set at 85% of that portion of such insured losses that exceed the
applicable insurers deductible.
Q: Will The Hartford notify policyholders of the
major changes in the legislation?
A: Yes, The Hartford will comply with TRIA’s disclosure and
notification requirements.
- For mid-term policies, defined as policies in effect prior to December
26, 2007, no action is required or is being taken. Offers and disclosures
that were made on those policies that are in compliance with the Terrorism
Risk Insurance Extension Act of 2005 are deemed in compliance with the
2007 legislation.
- For policies effective December 26, 2007 and later, but processed
before modifications to policy writing and quote systems are completed,
The Hartford will mail important compliant disclosure notices along with
appropriate endorsements or forms to policyholders.
Link
to correspondence with policyholders and related endorsements.
Q: What does a policyholder do if they want to
continue to decline terrorism coverage?
A: Based upon the changes in the 2007 legislation, should a
policyholder elect to decline coverage for certified acts of terrorism, they
will need to notify The Hartford of such an election, as prior declinations
of coverage cannot be assumed on a going forward basis. Policyholders, or
their agents, may not elect to decline coverage for certified acts of
terrorism before a new offer is made by The Hartford.
Q: Will agents or brokers be permitted to make
blanket acceptance or rejections on behalf of policyholders?"
A: No. Based on the “make available” requirements under
TRIA, The Hartford is requiring that policyholders provide a written
confirmation of their desire to reject coverage for “certified acts of
terrorism”.
Q: As a result of the 2007 legislation, will
there be any changes to Workers' Compensation forms and rates?
A: Yes. The Hartford has amended its disclosure notice to
provide updated information on the 2007 legislation. The Hartford will also
be implementing changes in the foreign terrorism endorsement and the
Domestic Terrorism, Earthquakes and Catastrophic Industrial Accidents (DTEC)
endorsement as filed by the National Council on Compensation Insurance, Inc.
(NCCI) on our behalf. There are some variations by state based on what has
been filed by the Bureaus.
Q: Where can I find additional information
relating to TRIA?
A: www.treas.gov is the website of
the United States Department of the Treasury. Information on TRIA, as well
as a copy of the Act and relevant regulations, along with other materials
can be found on this site. To help guide your navigation of this website,
The Terrorism Risk Insurance Program is located under the Office of
Financial Institutions, which is part of the Domestic Finance Section.
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