Title 20 — Insurance

A. Every insurer shall file with the director the rating systems the insurer proposes to use. As used in the rate regulatory provisions of this article, "rating systems" includes every manual of classifications, rules and rates, every rating plan and every modification of any of …

A. If at any time the director finds that a filing does not meet the standards set forth in section 20-356, he shall, after a hearing held upon not less than ten days' written notice, in which he shall specify the matters to be considered at such hearing, to every insurer and rat…

A. Every insurer shall adhere to the filings made by the rating organization of which it is a member, except that any member insurer may file with the director: 1. Up to six uniform percentage deviations that decrease or increase the statewide rate portion of the rating organizat…

A. A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may apply to the director for a license as a rating organization for insurance subject to this article and shall file all of the following with the direc…

Every rating organization shall notify the director promptly of every change in: 1. Its constitution, its articles of agreement or association, or its certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business. 2. Its list of members…

A. Subject to rules and regulations that have been approved by the director as reasonable, each workers' compensation rating organization shall permit any insurer writing workers' compensation insurance in this state to become a member. The rating organization shall give its memb…

A. Any rating organization may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements or other evidence of insurance, or the cancellation thereof, and may make reasonable rules governing their submission. Such rules shall contain a pro…

Cooperation among rating organizations and among rating organizations and insurers in rate making and in other matters within the scope of this article is authorized, if the filings resulting from such cooperation are subject to the provisions of this article. The director may re…

A. Any member of or subscriber to a rating organization may appeal to the director from the action or decision of the rating organization in approving or rejecting any proposed change in or addition to the filings of the rating organization, and the director shall, after a hearin…

A. A workers' compensation appeals board is established in the department. B. The director shall appoint at least nine but not more than eleven members to the board. The members shall serve three-year terms. A member shall not serve more than two consecutive terms. C. The board s…

A. Within a reasonable time after receiving a written request and on payment of a reasonable fee, every rating organization and insurer shall give to any insured affected by a rate that is made or applied by the organization or insurer, or to the insured's authorized representati…

A. Every group, association or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submi…

A. Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as provided by this article, subject, however, with respect to joint underwriting, to all other provisions of…

A. The director, as often as he deems it expedient, may make or cause to be made an examination of each rating organization licensed in this state, each advisory organization referred to in section 20-368 and each group, association or other organization referred to in section 20…

A. The director shall adopt reasonable rules and statistical plans that are reasonably adapted to each of the rating systems on file with the director and that may be modified from time to time. An insurer shall use the rules and statistical plans to record and report its loss an…

No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the director, any statistical agency designated by the director, any rating organization or any insurer, which will affect the rates or premiums chargeable un…

Nothing in this article shall abridge or restrict the freedom of contract of insurers, agents or brokers with reference to the amount of commissions or fees to be paid to agents or brokers by insurers, and such payments are expressly authorized.

The director may suspend the license of any rating organization or the certificate of authority of any insurer which fails to comply with an order of the director made pursuant to this article within the time limited by the order, or any extension thereof which may be granted by …

A. Every title insurer that shall make its own rates, and every title insurance rating organization, shall make rates that are not excessive nor inadequate for the safety and soundness of any title insurer, that do not unfairly discriminate between risks in this state which invol…

A. Every title insurer shall file with the director its schedules of fees, every manual of classifications, rules and plans pertaining thereto, and every modification of any of the foregoing that it proposes to use concerning its title insurance forms and products in this state. …

A. A title insurance filing shall be accompanied by a statement of the title insurer, title insurance agent, or title insurance rating organization making the filing, setting forth the basis upon which the rate was fixed, and the manner in which fees are to be computed. Any filin…

A. Before issuing an order of disapproval of a title insurance filing, the director shall hold a hearing upon not less than ten days' written notice, specifying in reasonable detail the matters to be considered at such hearing. Such notice shall be sent to every title insurer, ti…

A. No title insurer or title insurance agent may deviate from its rates that are in effect for the title insurer or title insurance agent pursuant to section 20-376. B. If the director finds that a title insurer or title insurance agent has charged rates that deviate from its rat…

In this article, unless the context otherwise requires: 1. "Advisory organization": (a) Means any person other than a single insurer who assists two or more insurers or rate service organizations in the making of rates by compiling and furnishing loss or expense statistics or oth…

A. This article applies to all insurance on risks or on operations in this state, except: 1. Reinsurance, other than joint reinsurance to the extent stated in section 20-391. 2. Any policy of insurance against loss or damage to or legal liability in connection with property locat…

A. An insurer shall not charge rates that are excessive, inadequate or unfairly discriminatory. An insurer shall not charge any rate which if continued will have or tend to have the effect of destroying competition or establishing a monopoly. B. Rates are excessive if they are li…

A. In setting rates, an insurer shall apply the criteria prescribed in this section. B. An insurer shall give due consideration to past and prospective loss and expense experience within and outside this state, to catastrophe hazards, to a reasonable margin for underwriting profi…

A. Except as to marine, inland marine and transportation risks, which by general custom of the business are not written according to manual rates and rating plans, and except as provided in subsection F of this section or section 20-400.10, every authorized insurer and every rate…

The director shall open to public inspection at any reasonable time each filing and supporting information filed pursuant to this article except information in a filing or supporting information that is a trade secret under title 44, chapter 4, article 1. The insurer or filer sha…

A. An insurer may establish rates and supplementary rate information based on the factors in section 20-384 using, if desired, the recommendations of an advisory organization, or rates and supplementary rate information prepared by a rate service organization, with average expens…

If the director finds that a rate is not in compliance with section 20-383, the director shall issue an order specifying in what respects it so fails and stating that, within thirty days after the order is issued, the rate is no longer effective. The order does not affect any con…

A. A rate service organization shall not provide any service relating to the rates of any insurance subject to this article nor may any insurer utilize the service of such organization for such purposes unless the organization has obtained a license from the director. B. No rate …

A. An advisory organization shall not conduct its operations in this state until it files with the director: 1. A copy of its constitution, charter, articles of organization, agreement, association or incorporation and a copy of its bylaws and any other rules or regulations gover…

A. Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance through such group, association or organization or by standing agreement among the members shall file with the director: 1. A copy of its constitution, articles …

A. Except with respect to apportionment agreements among insurers approved by the director pursuant to section 20-395, an insurer shall not assume any obligation to any person, other than a policyholder or other insurers which, with it, are under common control or management or a…

The director shall promulgate reasonable rules, including rules providing statistical plans, for use by all insurers in the recording and reporting of loss and expense experience, in order that the experience of such insurers may be made available to the director. No insurer may …

The director, as often as considered necessary, may examine each rate service organization, each advisory organization and each group, association or other organization filing pursuant to section 20-391. The director shall examine only those activities conducted pursuant to this …

Insurers may make agreements among themselves with respect to equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods, and such insurers may agree amon…

Any insurer, rate service organization or advisory organization to which the director has issued an order or decision may request a hearing pursuant to title 41, chapter 6, article 10 and, except as provided in section 41-1092.08, subsection H, seek judicial review pursuant to ti…

A. If the director finds that a person or organization has violated this article or any order of the director issued pursuant to this article after the effective date of such order, the director may, after a hearing, impose a civil penalty of not more than fifty dollars for each …

A. Except for fidelity, surety or guaranty bonds or industrial insurance as provided in section 20-400.10, except for any portion of a property insurance policy that contains wildfire protection services, and except as to inland marine risks that by general custom of the business…

This article does not prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the payment of dividends, savings or unabsorbed premium deposits allowed or retur…

A. This article applies to all insurers having a certificate of authority issued by the director to transact insurance in this state except: 1. Reinsurance. 2. Annuities. 3. Title insurance. 4. Mortgage guaranty insurance. 5. Disability or life insurance. 6. Risks subject to sect…

A. No insurer may issue a policy of insurance subject to this article with a premium developed in a manner which is not consistent with a filing made pursuant to sections 20-357 and 20-385. B. No insurer may make any adjustment to the full manual premium developed for any risk wi…

On the request of the director, each insurer authorized to write any insurance in this state to which this article applies shall submit data to the director establishing the relationship of the aggregate premiums actually charged policyholders by the insurer for each line of insu…

If the director finds after a hearing that the insurer has knowingly, or with such frequency as to indicate a general business practice, violated the provisions of section 20-400.01 with respect to a particular class or that an insurer examined under section 20-400.02 has not com…

The director may examine each insurer authorized to write any insurance to which this article applies to determine whether such insurer has complied with sections 20-400.01 and 20-400.02.

A. The director shall utilize independent contractor examiners pursuant to section 20-148, subsection B and section 20-159 to perform the examinations required under sections 20-400.01 and 20-400.02. B. All examination and examination related expenses shall be borne by the insure…

The director shall make a full written report of each examination under this article in accordance with section 20-158.

The director may promulgate rules necessary to implement the provisions of this article.