Title 26.1 — Insurance

The purpose of this chapter is to promote the public welfare by regulating insurance rates so that they are not excessive, inadequate, or unfairly discriminatory, and to authorize and regulate limited cooperative action among insurers in ratemaking-related activities and in other…

1. This chapter applies to fire, marine, inland marine, hail, windstorm, cyclone, tornado, explosion, water damage, and all other forms of insurance on property, and the loss of use and occupancy thereof, and to casualty insurance, including fidelity, surety, and guaranty bonds, …

1. "Advisory organization" means any entity, including its affiliates or subsidiaries, which either has two or more member insurers or is controlled either directly or indirectly by two or more insurers, and which assists insurers in ratemaking-related activities as enumerated in…

1. Rates must be made in accordance with the following provisions: a. Due consideration must be given to past and prospective loss experience within this state and outside this state to the extent that the consideration is given to areas the commissioner determines are representa…

1. Every insurer shall file with the commissioner, except as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum class rate, rating schedule or rating plan, and every other rating rule, an…

Concerning motor vehicle accidents occurring after August 1, 1993: 1. An insurer may not assess an accident surcharge on the policy of any insured as a result of a comprehensive coverage claim or when the insured's unattended vehicle was legally parked when the damage occurred. 2…

Before, or at the time of issuance of a policy, an insurer insuring a motor vehicle must notify the insured in writing of the insurer's underwriting and rating procedures applicable to accident surcharges and loss of discounts.

An insurer must provide the commissioner notice in writing of its plan to cease writing and renewing a property and casualty insurance product before the notification of agents and policyholders. The notice must contain the effective date of the plan, the number of policies affec…

1. If within the waiting period or any extension thereof as provided in subsection 4 of section 26.1-25-04 the commissioner finds that a filing does not meet the requirements of this chapter, the commissioner shall send to the insurer or advisory organization which made the filin…

Repealed by S.L. 1991, ch. 302, § 26.

Repealed by S.L. 1991, ch. 302, § 26.

Repealed by S.L. 1991, ch. 302, § 26.

Every insurer which files rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all perti…

Repealed by S.L. 1991, ch. 302, § 26.

1. No advisory organization may provide any service relating to the rates of any insurance subject to this chapter, and no insurer may utilize the services of such organization for such purposes unless the organization has obtained a license under subsection 3. 2. No advisory org…

1. No insurer or advisory organization may: a. Attempt to monopolize or combine or conspire with any other person to monopolize an insurance market. b. Engage in a boycott, on a concerted basis, of an insurance market. 2. a. No insurer may agree with any other insurer or with an …

Any advisory organization in addition to other activities not prohibited, is authorized, on behalf of its members and subscribers, to: 1. Develop statistical plans, including territorial and class definitions. 2. Collect statistical data from members, subscribers, or any other so…

Every advisory organization shall file with the commissioner for approval all prospective loss costs and all supplementary rating information and every change or amendment or modification of any of the foregoing proposed for use in this state. The filings are subject to the provi…

Repealed by S.L. 1991, ch. 302, § 26.

The commissioner may, as often as the commissioner deems expedient, make or cause to be made an examination of each advisory organization referred to in section 26.1-25-10.1 and of each group, association, or other organization referred to in section 26.1-25-10.5. The reasonable …

1. The commissioner shall adopt reasonable rules and statistical plans, reasonably adopted to each of the rating systems on file with the commissioner, which may be modified from time to time and which must be used thereafter by each insurer in the recording and reporting of its …

No person or organization may willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any advisory organization, or any insurer, which will affect the rates or premiums cha…

1. An agreement may be made among insurers with respect to the 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 the insurers may agree among…

1. An insurance producer may not knowingly charge, demand, or receive a premium for any insurance policy except in accordance with this chapter. No insurer or employee of an insurer, and no insurance producer, broker or agent may pay, allow, or give, or offer to pay, allow, or gi…

Any insurer or advisory organization aggrieved by any order or decision of the commissioner made without a hearing, within thirty days after notice of the order to the insurer or organization, may make written request to the commissioner for a hearing thereon. The commissioner sh…

Any person who violates this chapter shall be guilty of a class B misdemeanor. The commissioner may suspend the license of any advisory organization or insurer which fails to comply with the order of the commissioner with the time limited by the order or any extension thereof whi…

The commissioner may, by rule, exempt any market from any or all of the provisions of this chapter, if and to the extent that the exemption is necessary to achieve the purposes of this chapter.