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Session Laws, 1963
Volume 671, Page 1109   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1111

ing systems in other states. No insurer shall be required to record
or report its loss experience on a classification basis that is incon-
sistent with the rating system filed by it. The Commissioner may
designate one or more rating organizations or other agencies to
assist him in gathering such experience and making compilations
thereof, and such compilations shall be made available, subject to
reasonable rules promulgated by the Commissioner to insurers and
rating organizations.

(2)   Interchange of rating plan data.

Reasonable rules and plans may be promulgated by the Commis-
sioner for the interchange of data necessary for the application of
rating plans.

(3)   Consultation with other states.

In order to further uniform administration of rate regulatory
laws, the Commissioner and every insurer and rating organization
may exchange information and experience data with insurance su-
pervisory officials, insurers and rating organizations in other states
and may consult with them with respect to rate making and the
application of rating systems.

(4)   Rules and regulations.

The Commissioner may make reasonable rules and regulations
necessary to effect the purposes of this section.

(m) False or misleading information.

No person or organization shall wilfully withhold information
from, or knowingly give false or misleading information to the Com-
missioner, any statistical agency designated by the Commissioner,
any rating organization, or any insurer, which will affect the rates
or premiums chargeable under this section. A violation of this sub-
section shall subject the one guilty of such violation to the penalties
provided in subsection (o) of this section.

(n) Assigned risks.

(1)   Agreements may be made among insurers with respect to
the equitable apportionment among them of insurance which may be
afforded applicants who are in good faith entitled to but who are
unable to procure such insurance through ordinary methods and such
insurers may agree among themselves on the use of reasonable rate
modifications for such insurance, such agreements and rate modifi-
cations to be subject to the approval of the Commissioner.

(2)   Every insurer undertaking to transact in this State the busi-
ness of automobile and motor vehicle bodily injury and property
damage liability insurance and every rating organization which files
rates for such insurance shall cooperate in the preparation and sub-
mission of a plan or plans for the equitable apportionment among
insurers of applicants for insurance who are in good faith entitled to,
but who are unable to procure through ordinary methods, such insur-
ance. Such a plan or plans shall provide: (i) Reasonable rules govern-
ing the equitable distribution of risks by direct insurance, reinsur-
ance or otherwise and their assignment to insurers; (ii) rates and
rate modifications applicable to such risks which shall not be exces-
sive, inadequate or unfairly discriminatory; (iii) the limits of liability
which the insurer shall be required to assume; (iv) a method whereby

 

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Session Laws, 1963
Volume 671, Page 1109   View pdf image (33K)
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