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Session Laws, 1963
Volume 671, Page 1107   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1109

quested filing for used by the appellant. In deciding such appeal the
Commissioner shall apply the standards set forth in subsection (b).

(h) Information to be furnished insureds; hearings and appeals
of insureds.

Every rating organization and every insurer which makes its own
rates shall within a reasonable time after receiving written request
therefor and upon payment of such reasonable charge as it may
make, furnish to any insured affected by a rate made by it, or to the
authorized representative of such insured, all pertinent information
as to such rate.

Every rating organization and every insurer which makes its own
rates shall provide within this State reasonable means whereby any
person aggrieved by the application of its rating system may be
heard in person or by his authorized representative, on his written
request to review the manner in which such rating system has been
applied in connection with the insurance afforded him. If the rating
organization or insurer fails to grant or reject such request within
thirty days after it is made, the applicant may proceed in the same
manner as if his application had been rejected. Any party affected
by the action of such rating organization or such insurer on such
request may, within thirty days after written notice of such action,
appeal to the Commissioner, who, after a hearing held upon not less
than ten days' written notice to the appellant and to such rating
organization or insurer may affirm or reverse such action.

(i) Advisory organizations.

(1)   Every group, association or other organization of insurers,
whether located within or outside this State, which assists insurers
which make their own filings or rating organizations in rate making,
by the collection and furnishing of loss or expense statistics, or by
the submission of recommendations, but which does not make filings
under this section, shall be known as an advisory organization.

(2)  Every advisory organization shall file with the Commissioner
(i) a copy of its constitution, its articles of agreement or association
or its certificate of incorporation and of its bylaws, rules and regu-
lations governing its activities, (ii) a list of its members, (111) the
name and address of a resident of this State upon whom notices or
orders of the Commissioner or process issued at his direction may
be served, and (iv) an agreement that the Commissioner may
examine such advisory organization in accordance with the provi-
sions of subsection (k) of this section.

(3)   If, after a hearing, the Commissioner finds that the furnish-
ing of such information or assistance involves any act or practice
which is unfair or unreasonable or otherwise inconsistent with the
provisions of this section, he may issue a written order specifying
in what respects such act or practice is unfair or unreasonable or
otherwise inconsistent with the provisions of this section, and
requiring the discontinuance of such act or practice.

(4)   No insurer which makes its own filings nor any rating organi-
zation shall support its filings by statistics or adopt rate making
recommendations furnished to it by an advisory organization which
has not complied with this subsection or with an order of the Com-
missioner involving such statistics or recommendations issued under

 

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Session Laws, 1963
Volume 671, Page 1107   View pdf image (33K)
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