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Session Laws, 1971
Volume 707, Page 1457   View pdf image
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Marvin Mandel, Governor                          1457

or its certificate of incorporation and of its bylaws, rules and regu-
lations governing its activities, (ii) a list of its members, (iii) 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
the advisory organization in accordance with the provisions of sub-
section (n).

(3)    If, after a hearing, the Commissioner finds that the furnish-
ing of the 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 the act or practice is unfair or unreasonable or other-
wise inconsistent with the provisions of this section, and requiring
the discontinuance of the act or practice.

(4)    No insurer which makes its own filings nor any rating or-
ganization 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 the statistics or recommendations issued under
paragraph (3) of this subsection. If the Commissioner finds the
insurer or rating organization to be in violation of this paragraph he
may issue an order requiring the discontinuance of the violation.

(m) Joint underwriting or joint reinsurance

(1)    Every group, association or other organization of insurers
which engages in joint underwriting or joint reinsurance, is subject
to this section and to Section 245, with respect thereto.

(2)    If, after a hearing, the Commissioner finds that any activity
or practice of the group, association or other organization is unfair
or unreasonable or otherwise inconsistent with the provisions of this
section, he may issue a written order specifying in what respects he
makes the findings, and requiring the discontinuance of the activity
or practice.

(n) Examinations.

The Commissioner, at least once in five years, shall make an exami-
nation of each rating organization licensed in this State, and as often
as he deems it expedient he may make an examination of each
advisory organization, and of each group, association or other organ-
ization. The reasonable costs of any examination shall be paid by
the entity examined upon presentation to it of a detailed account of
the costs. The officers, manager, agents and employees of the entity
examined may be examined at any time under oath and shall ex-
hibit all books, records, accounts, documents, or agreements govern-
ing its methods of operation. In lieu of an examination the Commis-
sioner may accept the report of an examination made by the insur-
ance supervisory official of another state, pursuant to the laws of
that state.

(o)    Rate administration.

(1)    Recording and reporting of loss and expense experience.

The Commissioner shall promulgate reasonable rules and statis-
tical plans, reasonably adapted to each of the rating systems on file


 

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Session Laws, 1971
Volume 707, Page 1457   View pdf image
 Jump to  
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