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Session Laws, 1963
Volume 671, Page 1106   View pdf image (33K)
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1108                           LAWS OF MARYLAND                       [CH. 553

such activity or practice is unfair or unreasonable or otherwise in-
consistent with the provisions of this section, and requiring the dis-
continuance of such activity or practice.

(f)   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 Com-
missioner for permission to file a uniform percentage decrease or in-
crease to be applied to the premiums produced by the rating system
so filed for a kind of insurance or for a class of insurance which is
found by the Commissioner to be a proper rating unit for the
application of such uniform percentage decrease or increase, or for
a subdivision of a kind of insurance (1) comprised of a group of
manual classifications which is treated as a separate unit for rate
making purposes, or (2) for which separate expense provisions are
included in the filings of the rating organizations. Such application
shall specify the basis for the modification and shall be accompanied
by the data upon which the applicant relies. A copy of the application
and data shall be sent simultaneously to such rating organizations.
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. In the event
the Commissioner is advised by the rating organization that it does
not desire a hearing he may, upon the consent of the applicant waive
such hearing. The Commissioner shall issue an order permitting the
modification for such insurer to be filed if he finds it to be justified
and it shall thereupon become effective. He shall issue an order
denying such application if he finds that the modification is not
justified or that the resulting premiums would be excessive, in-
adequate or discriminatory. Each deviation permitted to be filed shall
be effective for a period of one year from the date of such permission
unless terminated sooner with the approval of the Commissioner.

(g)   Appeal by minority.

Any member of or subscriber to a rating organization may appeal
to the Commissioner from the action or decision of such rating or-
ganization in approving or rejecting any proposed change in or addi-
tion to the filings of such rating organization and the Commissioner
shall, after a hearing held upon not less than ten days' written notice
to the appellant and to such rating organization, issue an order ap-
proving the action or decision of such rating organization or di-
recting it to give further consideration to such proposal, or, if such
appeal is from the action or decision of the rating organization in
rejecting a proposed addition to its filings, he may, in the event
he finds that such action or decision was unreasonable, issue an order
directing the rating organization to make an addition to its filings,
on behalf of its members and subscribers, in a manner consistent with
his findings, within a reasonable time after the issuance of such order.

If such appeal is based upon the failure of the rating organization
to make a filing on behalf of such member or subscriber which is
based on a system of expense provisions which differs, in accordance
with the right granted in subdivision (ii), paragraph (1) of sub-
section (b), from the system of expense provisions included in a fil-
ing made by the rating organization, the Commissioner shall, if he
grants the appeal, order the rating organization to make the re-

 

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Session Laws, 1963
Volume 671, Page 1106   View pdf image (33K)
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