J. MILLARD TAWES, Governor                     1095

(4) To motor vehicle insurance, nor to insurance against liability-
arising out of the ownership, maintenance or use of motor vehicles.

If any kind of insurance, subdivision or combination thereof, or
type of coverage, subject to this section, is also subject to regulation
by another rate regulatory act of this State, an insurer to which both
acts are otherwise applicable shall file with the Commissioner, a desig-
nation as to which rate regulatory act shall be applicable to it with
respect to such kind of insurance, subdivision or combination thereof,
or type of coverage.

(b)   Making of rates.

(1) Rates shall be made in accordance with the following pro-
visions :

(1)   Manual, minimum, class rates, rating schedules or rating
plans, shall be made and adopted, except in the case of specific inland
marine rates on risks specially rated.

(ii) Rates shall not be excessive, inadequate or unfairly discrimi-
natory.

(iii) Due consideration shall be given to past and prospective loss
experience within and outside this State, to the conflagration and
catastrophe hazards, to a reasonable margin for underwriting profits
and contingencies, to dividends, savings or unabsorbed premium
deposits allowed or returned by insurer to their policyholders, mem-
bers or subscribers, to past and prospective expenses both country-
wide and those specially applicable to the State, and to all other rele-
vant factors within and outside this State; and in the case of fire in-
surance rates consideration shall be given to the experience of the
fire insurance business during a period of not less than the most
recent five-year period for which such experience is available.

(2)   Except to the extent necessary to meet the provisions of para-
graph (ii) of this subsection, uniformity among insurers in any mat-
ters within the scope of this subsection is neither required nor pro-
hibited.

(3)   Rates made in accordance with this subsection may be used
subject to the provisions of this section.

(c)   Rate filings.

(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, and every modification of any of the foregoing which it
proposes to use. Every such filing shall state the proposed effective
date thereof, and shall indicate the character and extent of the cover-
age contemplated.

When a filing is not accompanied by the information upon which
the insurer supports such filing and the Commissioner does not have
sufficient information to determine whether such filing meets the
requirements of this section he shall require such insurer to furnish
the information upon which it supports such filing and in such event
the waiting period shall commence as of the date such information is
furnished. The information furnished in support of a filing may in-
clude (i) the experience or judgment of the insurer or rating organi-