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Session Laws, 1963
Volume 671, Page 1105   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1107

requirements of law, he shall issue a license specifying the kinds of
insurance or subdivisions thereof for which the applicant is author-
ized to act as a rating organization. Every such application shall be
granted or denied in whole or in part by the Commissioner within
sixty days of the date of its filing with him. Licenses issued pursuant
to this subsection shall remain in effect for three years unless sooner
suspended or revoked by the Commissioner. The fee for said license
shall be twenty-five dollars. Licenses issued pursuant to this sub-
section may be suspended or revoked by the Commissioner, after
hearing upon notice, in the event the rating organization ceases to
meet the requirements of this paragraph. Every rating organization
shall notify the Commissioner promptly of every change in (i) its
constitution, its articles of agreement or association or its certificate
of incorporation, and its bylaws, rules and regulations governing the
conduct of its business, (ii) its list of members and subscribers and
(iii) the name and address of the resident of this State designated
by it upon whom notices or orders of the Commissioner or process
affecting such rating organization may be served.

(2)   Subject to rules and regulations which 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 thereof for which
it is authorized to act as a rating organization. Notice of proposed
changes in such rules and regulations shall be given to subscribers.
Each rating organization shall furnish its rating services without
discrimination to its members and subscribers. The reasonableness
of any rule or regulation in its application to subscribers, or the
refusal of any rating organization to admit an insurer as a sub-
scriber, shall, at the request of any subscriber or any such insurer,
be reviewed by the Commissioner at a hearing held upon at least
ten days' written notice to such rating organization and to such
subscribers or insurer. If the Commissioner finds that such rule or
regulation is unreasonable in its application to subscribers, he shall
order that such rule or regulation shall not be applicable to sub-
scribers. If the rating organization fails to grant or reject an in-
surer's application for subscribership within thirty days after it was
made, the insurer may request a review by the Commissioner as if
the application had been rejected. If the Commissioner finds that the
insurer has been refused admittance to the rating organization as a
subscriber without justification, he shall order the rating organization
to admit the insurer as a subscriber. If he finds that the action of
the rating organization was justified he shall make an order affirming
its action.

(3)   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.

(4)   Cooperation among rating organizations or among rating
organizations and insurers in rate making or in other matters within
the scope of this section is hereby authorized, provided the filings
resulting from such cooperation are subject to all the provisions of
this section which are applicable to filings generally. The Commis-
sioner may review such cooperative activities and practices and if,
after a hearing, he finds that any such activity or practice is unfair
or unreasonable or otherwise inconsistent with the provisions of
this section, he may issue a written order specifying in what respects

 

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Session Laws, 1963
Volume 671, Page 1105   View pdf image (33K)
 Jump to  
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