Marvin Mandel, Governor                          1451

underwriting profit; (v) contingencies; (vi) Investment income
from unearned premium reserve and reserve for losses; (vii) divi-
dends, savings or unabsorbed premium deposits allowed or returned
by insurers to their policyholders.; (VIII) AND TO ALL OTHER
RELEVANT FACTORS WITHIN AND OUTSIDE THIS STATE.

(2)    Rates shall not be excessive, inadequate, or unfairly dis-
criminatory.

(3)    The systems of expense provisions included in the rates for
use by any insurer or group of insurers may differ from those of
other insurers or groups of insurers to reflect the requirements of the
operating methods of any such insurer, or group with respect to any
kind of insurance, or with respect to any subdivision or combination
thereof for which subdivision or combination separate expense pro-
visions are applicable.

(4) Risks may be grouped by classifications for the establish-
ment of rates and minimum premiums. Classification rates may be
modified to produce rates for individual risks in accordance with
rating plans which establish standards for measuring variations in
hazards or expense provisions, or both. The standards may measure
any difference among risks that can be demonstrated to have a prob-
able effect upon losses or expenses.

(5)    Uniformity among insurers in any matters within the scope
of this subsection is neither required nor prohibited.

(6)    UNLESS THE FILER DEMONSTRATES THAT THE
PROPOSED RATE IS NOT EXCESSIVE OR INADEQUATE
OR UNFAIRLY DISCRIMINATORY, THE COMMISSIONER
MAY DISAPPROVE THE FILING.

(d) Rate filings.

(1)    Every insurer, except as otherwise provided below, shall file
with the Commissioner every manual, minimum POLICY FORM,
ENDORSEMENT, MINIMUM RATE, class rate, rating sched-
ule or rating plan and every other rating rule, and every modi-
fication of any of the foregoing which it proposes to use. Every filing
shall state the proposed effective date thereof and shall indicate the
character and extent of the coverage contemplated.

(2)    When a filing is not accompanied by the information upon
which the insurer supports the filing and the Commissioner does not
have sufficient information to determine whether the filing meets the
requirements of this section, he shall require the insurer to furnish
the information WITHIN 60 DAYS upon which it supports the filing
and in this event the waiting period shall commence as of the date
the information is furnished. The information furnished in support
of a filing may include (i) the judgment of the filer, (ii) its inter-
pretation of any statistical data it relies upon, (iii) the experience
of other filers, or (iv) any other relevant factors.

(3)    Each filing must include the experience of the filer.

(4) A filing and any supporting information shall be open to
public inspection upon the date of filing; if the Commissioner deter-

mines it to be in the public interest, and in any case after the filing

becomes effective.