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Session Laws, 1963
Volume 671, Page 1103   View pdf image (33K)
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J. MILLARD TAWES, Governor                       1105

authorize a filing which he has reviewed to become effective before
the expiration of the waiting period or any extension thereof. A filing
shall be deemed to meet the requirements of this section unless dis-
approved by the Commissioner within the waiting period or any
extension thereof.

(5)   Any special filing with respect to a surety or guaranty bond
required by law or by court or executive order or by order, rule or
regulation of a public body, not covered by a previous filing shall
become effective when filed and shall be deemed to meet the require-
ments of this section until such time as the Commissioner reviews
the filings and so long thereafter as the filing remains in effect.

(6)   Under such rules and regulations as he shall adopt the Com-
missioner may, by written order, suspend or modify the requirement
of filing as to any kind of insurance, subdivision or combination
thereof, or as to classes of risks, the rates for which cannot prac-
ticably be filed before they are used. Such orders, rules and regula-
tions shall be made known to insurers, and rating organizations
affected thereby. The Commissioner may make such examination as
he may deem advisable to ascertain whether any rates affected by
such order meet the standards set forth in subdivision (iv) of para-
graph (1) of subsection (b).

(7)   Upon the written application of the insured, stating his
reasons therefor, filed with and approved by the Commissioner, a
rate in excess of that provided by a filing otherwise applicable may be
used on any specific risk.

(8)   No insurer shall make or issue a contract or policy except in
accordance with the filings which are in effect for said insurer as
provided in this section or in accordance with paragraphs (6) and
(7) of this subsection, provided, that filings which have become ef-
fective under this section of this article and licenses issued to rating
organizations in accordance with said section shall remain in effect
subject to the provisions of this section.

(d) Disapproval of filings.

(1)   If within the waiting period or any extension thereof as
provided 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 special surety or guaranty filing
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 insurer or rating organization which
made such filing written notice of disapproval of such filing specify-
ing therein 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.
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
provided for in paragraph (1) or (2) of this subsection, the Com-
missioner finds that a filing does not meet the requirements of this

 

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Session Laws, 1963
Volume 671, Page 1103   View pdf image (33K)
 Jump to  
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