Title 27, Title 27 Title 27

Upon the written consent of the insured, stating the insured’s reasons, filed with and approved by the commissioner, a rate in excess of that provided by an applicable filing may be used on any specific risk.

No insurer shall make or issue a contract or policy at a rate or premium in excess of filings that are in effect for that insurer as provided in this chapter, except in accordance with § 27-9-12 or § 27-9-13.

Within ten (10) days after any insurer has made or issued a contract or policy at a rate or premium other than is provided for by any filing made with the commissioner by or in its behalf, that insurer shall notify the commissioner, in writing, of that action in the form the comm…

If, within the waiting period or any extension of it as provided in § 27-9-10, the commissioner finds that a filing does not meet the requirements of this chapter, the commissioner shall send to the insurer or rating organization that made the filing written notice of disapproval…

If, within thirty (30) days after a special surety or guaranty filing subject to § 27-9-11 has become effective, the commissioner finds that the filing does not meet the requirements of this chapter, the commissioner shall send to the insurer or rating organization that made the …

(a) If at any time, subsequent to the applicable review period provided for in § 27-9-16 or § 27-9-17, the commissioner finds that a rate or filing does not meet the requirements of this chapter, the commissioner shall, after a hearing held upon not less than ten (10) days’ writt…

(a) Any person or organization aggrieved with respect to any rate or filing that is in effect may make a written application to the commissioner for a hearing; provided, that the insurer or rating organization that uses the rate or made the filing shall not be authorized to proce…

This chapter applies to casualty insurance, including fidelity, surety, and guaranty bonds, and to all other forms of motor vehicle insurance, on risks or operations in this state, except: (1) Reinsurance, other than joint reinsurance to the extent stated in §§ 27-9-34 and 27-9-3…

If the insurer making or issuing a contract or policy at a rate or premium less than that provided by any filing shall, at any hearing held pursuant to §§ 27-9-16 — 27-9-21, or pursuant to § 27-9-15, show to the satisfaction of the commissioner that the rate or premium was used i…

No manual of classifications, rules, rating plan, or any modification of any of these that establishes standards for measuring variations in hazards or expense provisions, or both, and that has been filed pursuant to the requirements of §§ 27-9-7 — 27-9-15, shall be disapproved i…

(a) A corporation, an unincorporated association, a partnership, or an individual whether located within or outside this state may make an application to the commissioner for a license as a rating organization for those kinds of insurance or subdivisions of insurance specified in…

Subject to rules and regulations that have been approved by the commissioner as reasonable, each rating organization shall permit any insurer not a member to be a subscriber to its rating services for any kind of insurance or subdivision of insurance for which it is authorized to…

No rating organization shall adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.

Cooperation among rating organizations or among rating organizations and insurers and concert of action among insurers under the same general management or control in ratemaking or in other matters within the scope of this chapter are authorized, provided the filings resulting fr…

Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by the organization, except that any affected insurer may file with the commissioner a uniform percentage decrease or increase to be applied to the premiums produced by the ratin…

(a) Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of the rating organization in the promulgation of rates or with regard to any proposed change in or addition to the filings of the rating organization, and the comm…

Any rate filings subject to this chapter and filed by an insurer or rating organization on behalf of its members or subscribers with the insurance commissioner shall be deemed public information at the time of the filing; provided, the insurance commissioner shall furnish the rat…

Every rating organization and every insurer that makes its own rates shall provide within this state reasonable means by which any person aggrieved by the application of its rating system may be heard, in person or by the person’s authorized representative, on the person’s writte…

This chapter applies to all insurers, that under any provision of the laws of this state, write any of the kinds of insurance to which this chapter applies. If any kind of insurance, or subdivision or combination of insurance, or type of coverage, subject to this chapter is also …

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

Every advisory organization shall file with the commissioner: (1) A copy of its constitution, articles of agreement or association, or certificate of incorporation, and bylaws, rules, and regulations governing its activities; (2) A list of its members; (3) The name and address of…

If, after a hearing, the commissioner finds that the furnishing of information or assistance by an advisory organization involves any act or practice that is unfair or unreasonable or inconsistent with the provisions of this chapter, the commissioner may issue a written order spe…

No insurer that makes its own filings or any rating organization shall support its filings by statistics, or adopt ratemaking recommendations, furnished to it by an advisory organization that has not complied with §§ 27-9-30 — 27-9-32, or with an order of the commissioner involvi…

Every group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance shall be subject to regulation with respect to them as provided in § 27-9-35, subject, with respect to joint underwriting, to all other provisions of this chapter a…

If, after a hearing, the commissioner finds that any activity or practice of any joint underwriting or reinsurance group, association, or other organization is unfair or unreasonable or inconsistent with the provisions of this chapter, the commissioner may issue a written order s…

The commissioner may, as often as the commissioner may deem it necessary, make or cause to be made an examination of each rating organization licensed in this state as provided in § 27-9-22 and the commissioner may, as often as the commissioner may deem it expedient, make or caus…

The commissioner shall prepare a report of any examination referred to in § 27-9-36 and shall, within a reasonable time following completion of that report, furnish each rating organization, advisory organization, or group, association, or other organization examined with a copy …

The commissioner shall promulgate reasonable rules and statistical plans reasonably adapted to each of the rating systems on file with the commissioner, which may be modified and which shall be used after this by each insurer in the recording and reporting of its loss and country…

Reasonable rules and plans may be promulgated by the commissioner for the interchange of data necessary for the application of rating plans.

(a) All rates shall be made in accordance with the following provisions: (1)(i) Due consideration shall be given to past and prospective loss experience within and outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and contingencies…

In order to further the uniform administration of rate regulatory laws, the commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers, and rating organizations in other states and may consult…

The commissioner may make reasonable rules and regulations necessary to effect the purposes of this chapter.

No person or organization shall willfully withhold information from or knowingly give false or misleading information to the commissioner, to any statistical agency designated by the commissioner, to any rating organization, or to any insurer, that will affect the rates or premiu…

(a) Agreements may be made among insurers with respect to the equitable apportionment among them of insurance that may be afforded applicants who are in good faith entitled to but who are unable to procure insurance through ordinary methods, and insurers may agree among themselve…

Any person or organization willfully violating any provision of this chapter shall, upon their conviction, be fined not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each violation. That penalty may be in addition to any other penalty prov…

(a) The commissioner may suspend the license of any rating organization or insurer that fails to comply with an order of the commissioner within the time limited by that order, or any extension of time that the commissioner may grant. The commissioner shall not suspend the licens…

Any insurer or rating organization aggrieved by any order or decision of the commissioner or by any rule or regulation adopted and promulgated by the commissioner may within thirty (30) days after notice to the insurer or organization make a written request to the commissioner fo…

Except to the extent necessary to meet the provisions of § 27-9-4(a)(4), uniformity among insurers in any matter within the scope of § 27-9-4 is neither required nor prohibited.

The director of the department of business regulation is authorized and empowered to promulgate rules and regulations regarding a uniform safe driver point system on either a flat dollar rate or on a percentage rate for motor vehicle accidents and/or motor vehicle convictions wit…

If any section, subsection, subdivision, paragraph, sentence, or clause of this chapter is held invalid or unconstitutional, that decision shall not affect the remaining portions of this chapter.

The director of the department of business regulation may appoint actuaries and any other required administrative personnel to assist the director in the performance of the director’s duties relating to the evaluation of rate filings, reviews, and pricing procedures of insurers; …

Any insurance group, carrier, or company, in establishing any rate of insurance or rating system relative to a motor vehicle policy that provides for premium or rate increases based on accidents or moving or other chargeable violations, shall consider and include in those rates o…

(a) The director of the department of business regulation is authorized and empowered to promulgate rules and regulations to compile data regarding automobile insurance premiums. Those rules shall be promulgated in accordance with the Administrative Procedures Act, chapter 35 of …

(a) An insurer may use insurance scoring for rating and underwriting policies of personal motor vehicle insurance only under the following conditions: (1) The insurer demonstrates the predictive nature of their insurance score to the insurance division. (2) An insurer shall, once…

Nothing in §§ 27-9-4 and 27-9-5 or in this chapter shall abridge or restrict the freedom of contract between insurers and insurance producers with respect to commissions or between insurers and their employees or other persons with respect to compensation for goods or services.

(a) Every insurance company and every rating/advisory organization issuing policies covering casualty insurance provided for in this chapter shall file with the director a copy of the form of the policies proposing to use. A policy may not be issued until the director has approve…