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Session Laws, 1963
Volume 671, Page 1095   View pdf image (33K)
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J. MILLARD TAWES, Governor                       1097

This subsection shall not apply to contracts or policies for inland
marine risks as to which filings are not required.

(d) Disapproval of filings.

(1)   If within the waiting period or any extension thereof as pro-
vided in paragraph (4) of subsection (c), the Commissioner finds
that a filing does not meet the requirements of this section, he shall
send to the insurer or rating organization which made such filing,
written notice of disapproval of such filing specifying therein in what
respects he finds such filing fails to meet the requirements of this
section and stating that such filing shall not become effective.

(2)   If within thirty days after a specific inland marine rate on a
risk specially rated by a rating organization, subject to paragraph
(5) of subsection (c) has become effective, the Commissioner finds
that such filing does not meet the requirements of this section, he
shall send to the rating organization which made such filing written
notice of disapproval of such filing specifying therein in what re-
spects he finds that such filing fails to meet the requirements of this
section, and stating when, within a reasonable period thereafter,
such filing shall be deemed no longer effective. Said disapproval shall
not affect any contract made or issued prior to the expiration of the
period set forth in said notice.

(3)   If at any time subsequent to the applicable review period pro-
vided for in paragraph (1) or (2) of this subsection, the Commis-
sioner finds that a filing does not meet the requirements of this sec-
tion, he shall, after a hearing held upon not less than ten days' writ-
ten notice, specifying the matters to be considered at such hearing,
to every insurer and rating organization which made such filing,
issue an order specifying in what respects he finds that such filing
fails to meet the requirements of this section, and stating when,
within a reasonable period thereafter, such filing shall be deemed no
longer effective. Copies of said order shall be sent to every such in-
surer and rating organization. Said order shall not affect any con-
tract or policy made or issued prior to the expiration of the period
set forth in said order.

(4)   Any person or organization aggrieved with respect to any
filing which is in effect may make written application to the Commis-
sioner for a hearing thereon, provided, however, that the insurer or
rating organization that made the filing shall not be authorized to
proceed under this paragraph. Such application shall specify the
grounds to be relied upon by the applicant. If the Commissioner shall
find that the application is made in good faith, that the applicant
would be so aggrieved if his grounds are established, and that such
grounds otherwise justify holding such a hearing, he shall, within
thirty days after receipt of such application, hold a hearing upon not
less than ten days' written notice to the applicant and to every in-
surer and rating organization which made such filing.

If, after such hearing, the Commissioner finds that the filing does
not meet the requirements of this section, he shall issue an order
specifying in what respects he finds that such filing fails to meet
the requirements of this section, and stating when, within a reason-
able period thereafter, such filing shall be deemed no longer effective.
Copies of said order shall be sent to the applicant and to every such
insurer and rating organization. Said order shall not affect any con-
tract or policy made or issued prior to the expiration of the period
set forth in said order.

 

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Session Laws, 1963
Volume 671, Page 1095   View pdf image (33K)
 Jump to  
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