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Session Laws, 1971
Volume 707, Page 1456   View pdf image
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1456                               Laws of Maryland                        [Ch. 680

(i) Appeal by minority.

Any member of or subscriber to a rating organization may appeal
to the Commissioner from the action or decision of the rating organ-
ization in approving or rejecting any proposed changes in or addition
to the filings of the rating organization and the Commissioner, after
a hearing held upon not less than ten days' written notice to the
appellant and to such rating organization, shall issue an order ap-
proving the action or decision of the rating organization or directing
it to give further consideration to the proposal, or, if the appeal is
from the action or decision of the rating organization in rejecting a
proposed addition to its filings, he may, if he finds that the action or
decision was unreasonable, issue an order directing the rating organ-
ization 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 the order.

If the appeal is based upon the failure of the rating organization
to make a filing on behalf of the member or subscriber which is
based on a system of expense provisions which differs, in accordance
with the right granted in paragraph (8) of subsection (c), from the
system of expense provisions included in a filing made by the rating
organization, the Commissioner, if he grants the appeal, shall order
the rating organization to make the requested filing for use by the
appellant. In deciding the appeal the Commissioner shall apply the
standards set forth in this section.

(j) Information to insureds.

Every filer within a reasonable time after receiving written request
therefor and upon payment of a reasonable charge shall furnish to
any insured affected by a filing made by it, or to the authorized repre-
sentative of the insured, all pertinent information as to the filing.

(k) Appeals by insureds.

Every filer shall provide within this State reasonable means where-
by 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 the rating system
has been applied in connection with the insurance afforded him. If
the filer fails to grant or reject the request within thirty days after
it is made, the applicant may proceed as if his application had been
rejected. Any person affected by the action of the filer, within thirty
days after written notice of the action, may appeal to the Commis-
sioner who, after a hearing held upon not less than ten days' written
notice to the appellant and to the filer, may affirm or reverse the
action.

(l) 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 or agreement or association


 

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Session Laws, 1971
Volume 707, Page 1456   View pdf image
 Jump to  
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