Marvin Mandel, Governor 1455
(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 authorized, if the filings resulting from
cooperation are subject to all the provisions of this section which are
applicable to filings generally. The Commissioner may review cooper-
ative activities and practices and if, after hearing, he finds that any
activity or practice is unfair or unreasonable or otherwise incon-
sistent with the provisions of this section, he may require the dis-
continuance of the activity or practice.
(5) Any rating organization may provide for the examination
of policies, daily reports, binders, renewal certificates, endorsements
or other evidence of insurance or the cancellation thereof, and may
make reasonable rules governing their submission. The rules shall
contain a provision that if any insurer does not within sixty days
furnish satisfactory evidence to OF THE CORRECTION OF ANY
ERROR OR OMISSION PREVIOUSLY CALLED TO ITS ATTEN-
TION BY the rating organization, it shall be the duty of the rating
organization to notify the Commissioner thereof. All information
so submitted for examination shall be confidential.
(6) Any rating organization may subscribe for or purchase actu-
arial, technical or other services, and the services shall be available
to all members and subscribers without discrimination.
(7) Associations or other entities which have been organized
pursuant to regulation or law to provide insurance not available
through the voluntary market may SHALL apply to the Commissioner
for permission to file rates to be used by it. If the Commissioner finds
that permitting the entity to file rates will be in the public interest,
he shall thereafter treat any filing made by the entity as made by a
rating organization.
(h) Variances.
(1) Any insurer may deviate from the rates promulgated by the
rating organization if (i) the insurer has filed the deviation to be
applied both with the rating organization and the Commissioner;
(ii) the deviation is uniform in its application to all risks in the
State of the class of insurance to which the deviation is to apply;
and (iii) the deviation is approved by the Commissioner. The Com-
missioner may approve or disapprove a deviation as if the deviation
filing were a rate filing, and he may specify the period of time
during which an approval will be effective.
(2) Under rules and regulations he adopts the Commissioner,
by written order, may suspend or modify the requirement of filing
as to any kind of insurance, subdivision or combination thereof, or
as to classes or risks, the rates for which cannot practicably be filed
before they are used. The order, rules and regulations shall be made
known to insurers and rating organizations affected thereby. The
Commissioner may make the examination as he deems advisable to
ascertain if any rates affected by the order meet the standards set
forth in subsection (c) of this section.
(3) Upon the written application of the insured, stating his rea-
sons therefor, filed with and approved by the Commissioner, a rate
in excess of that provided by a filing otherwise applicable may be
used on any specific risk.
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