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Session Laws, 1945
Volume 589, Page 1391   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1391

insurer. Every rating organization shall notify the Commis-
sioner promptly of every change in its constitution, its articles
of agreement or association, or its certificate of incorporation,
and of its by-laws and rules governing the conduct of its busi-
ness, the list of its members and subscribers and the name and
address of its resident agent in this State.

(c) No rating organization shall adopt any rule the effect of
which would be to prohibit or regulate the payment of divi-
dends to policyholders or subscribers.

(d) The Commissioner shall, whenever he deems it expedient
and at least once in five years, make or cause to be made an
examination of each rating organization licensed in this State.
The reasonable costs of such examination shall be paid by the
rating organization examined upon presentation to it of a de-
tailed account of such cost. The officers, managers, agents and
employees of such rating organization may be examined under
oath and shall exhibit all books, records, accounts, documents
or agreements governing its method of operation. The Com-
missioner may waive such examination upon proof that such
rating organization has, within a reasonably recent period,
been examined by the insurance supervisory official of another
state, pursuant to the laws of such state, and upon the filing
with the Commissioner of a copy of the report of such examina-
tion.

(e) The Commissioner is hereby authorized and empowered
to appoint and employ such technical and clerical assistants as
may be required and necessary to enable him properly to ad-
minister the provisions of this Act, the compensation of such
assistants to be fixed and provided by the budget.

5. (Deviations. ) Every member of or subscriber to a rating
organization shall adhere to the filings made on its behalf by
such organization except that any such insurer may make
written application to the Commissioner for approval on its
behalf of a uniform percentage decrease or increase to be ap-
plied to the premiums produced by the rating system so filed
for a kind of insurance, or for a sub-division or combination
thereof for which the Commissioner has approved the applica-
tion of separate expense provisions by such rating organiza-
tion. Such application shall specify the basis for the modifica-
tion and a copy thereof shall also be sent simultaneously to
such rating organization. The Commissioner shall set a time
and place for a hearing at which the insurer and such rating
organization may be heard and shall give them not less than
ten days' written notice thereof. The Commissioner shall ap-
prove the modification for such insurer if he finds it to be justi-
fied. He shall not approve such modification if he finds that
the resulting premiums would be inadequate, unreasonable or
unfairly discriminatory.

 

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Session Laws, 1945
Volume 589, Page 1391   View pdf image (33K)
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