# RI Insurance Bulletin 2003-2: Mold Exclusions/Limitations Property & Casualty Insurance

> Rhode Island · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/RI_INS_B_2003_2

## Section

- **Citation:** RI Insurance Bulletin 2003-2
- **Heading:** Mold Exclusions/Limitations Property & Casualty Insurance
- **Jurisdiction:** Rhode Island
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Rhode Island DBR Insurance Bulletins and Guidance / Mold Exclusions/Limitations Property & Casualty Insurance

## Text

Department of Business Regulation
1511 Pontiac Avenue
Cranston, RI 02920
Insurance Bulletin Number 2003-2

Mold Exclusions/Limitations
Property & Casualty Insurance

The Rhode Island Insurance Department has received numerous form and
rate/loss costs filings relating to mold coverage which propose to exclude, restrict
and/or limit existing property & liability coverage. The filings are intended to
control the financial impact of mold related claims on consumers, insurance
pricing and the marketplace.

The Department has approved the following ISO loss costs and related forms,
rules and endorsements filings:

H 2001 RLCFG
DP 2001 RLCFG
DL 2001 RLCFG
CF 2002 RLCMO

Non-ISO affiliated companies, as well as ISO member companies who choose to
non-adopt the ISO filings, may seek approval for independent mold related form,
rule and rate filings. These filings will be reviewed based upon the following
guidelines:

Personal Lines:

1. Except as provided in guideline #3 below, mold limitation endorsements will
provide a minimum $10,000 aggregate all damages sub-limit for Property
coverages, without a mold related increased rate modification.

2. Except as provided in guideline #3 below, mold limitations endorsements will
provide a minimum $50,000 aggregate sub-limit for Liability coverages,
without a mold related increased rate modification.

3. Any filer that proposes to deviate from the above criteria in 1-2 must
demonstrate the necessity of such deviation with sound actuarial data to
support such filing.

4. Companies are encouraged to offer insureds higher limit options for mold
related claims in conjunction with supported rates /rule filings.
for Liability coverages,
without a mold related increased rate modification.

3. Any filer that proposes to deviate from the above criteria in 1-2 must
demonstrate the necessity of such deviation with sound actuarial data to
support such filing.

4. Companies are encouraged to offer insureds higher limit options for mold
related claims in conjunction with supported rates /rule filings.

5. Mold limitation endorsements will not apply to the fire or lightning perils.
Mold losses following one of these events must be covered with no sub-limit
limitation.

6. The filing may not propose to unreasonably restrict the time period for
reporting a mold claim. All policies currently include a provision for timely
reporting of a loss. A policy may not require a mold claim to be reported
within a specified number of days following a covered loss. A policy may not
require that a loss due to mold be reported during the policy period in which
the original covered loss which gave rise to the mold claim occurs.

7. The insurer must comply with 230-RICR-20-05-14 where applicable.

All insurers, rating and advisory organizations must withdraw and refile by May
12, 2003 any previously approved forms, rates or rules that do not conform to
these guidelines. Any proposed filing relating to mold must be accompanied by a
statement sworn to by an appropriate company official stating that the filing meets
the requirements contained in this Bulletin and is in compliance with all
applicable Rhode Island insurance laws and regulations now in effect.

Commercial Lines:

1. The minimum sub-limit applicable to the limitation endorsements for
Commercial Property is $15,000 aggregate, without a mold related increased
rate modification.

2. Any filer that proposes to deviate from the above criteria must demonstrate
the necessity of such deviation with sound actuarial data to support such
filing.

3
aws and regulations now in effect.

Commercial Lines:

1. The minimum sub-limit applicable to the limitation endorsements for
Commercial Property is $15,000 aggregate, without a mold related increased
rate modification.

2. Any filer that proposes to deviate from the above criteria must demonstrate
the necessity of such deviation with sound actuarial data to support such
filing.

3. A policy may include, exclude or limit coverage for Commercial Liability
coverage arising out of mold.

4. Companies are encouraged to offer insureds higher limit options for mold
related claims in conjunction with supported rates /rule filings.

5. Mold limitation endorsements will not apply to the fire or lightning perils.
Mold losses following one of these events must continue to be covered with
no sub-limit limitation.

6. These guidelines are not applicable to any class of business that is exempt
from regulatory review under R.I. Gen. Laws §27-65-1 eq seq.

7. The filing may not propose to unreasonably restrict the time period for
reporting a mold claim. All policies currently include a provision for timely
reporting of a loss. A policy may not require a mold claim to be reported
within a specified number of days following a covered loss. A policy may not

require that a loss due to mold be reported during the policy period in which
the original covered loss which gave rise to the mold claim occurs.

8. The insurer must comply with 230-RICR-20-20-1 where applicable.

All insurers, rating and advisory organizations must withdraw and refile by May
12, 2003 any previously approved forms, rates or rules that do not conform to
these guidelines. Any proposed filing relating to mold must be accompanied by a
statement sworn to by an appropriate company official stating that the filing meets
the requirements contained in this Bulletin and is in compliance with all
applicable Rhode Island insurance laws and regulations
draw and refile by May
12, 2003 any previously approved forms, rates or rules that do not conform to
these guidelines. Any proposed filing relating to mold must be accompanied by a
statement sworn to by an appropriate company official stating that the filing meets
the requirements contained in this Bulletin and is in compliance with all
applicable Rhode Island insurance laws and regulations.

In an effort to reduce costs and lower claims associated with mold, insurers
should respond promptly to water related claims. Pursuant to R.I. Gen. Laws
§27-9.1-1 et. seq. and 230-RICR-20-40-2, insurers must adopt and implement
reasonable standards for the prompt investigation and settlement of claims arising
under its policies. Insurers should review claims handling practices in an effort to
facilitate expediency in handling claims relating to water damage to avoid
potential mold related losses. Insurers should also educate insureds on ways to
mitigate losses when water damage is reported.

Marilyn Shannon McConaghy
Director, Department of Business Regulation
Issued – January 24, 2003
Amended - March 6, 2003

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/RI_INS_B_2003_2. Check the current official text before relying on it. Not legal advice.
