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Session Laws, 1973
Volume 709, Page 241   View pdf image
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Ch. 167                             MARVIN MAN DEL, Governor                                 241

(3)  No change in rates or premiums or in the forms of contracts, policies or
guarantees of insurance shall be permitted to any insurer, unless and until a report
indicating such change shall be filed and approved by the Commissioner.

(4)    Any filing made pursuant to this section shall be approved by the
Commissioner, unless he finds that such filing does not meet the requirements of
this subtitle or shall otherwise be contrary to law. As soon as reasonably possible
after the filing has been made, the Commissioner shall, in writing, approve or
disapprove the same; provided, however, that, if such filing has not been
disapproved by the Commissioner within fifteen days from the date of filing, or
within thirty days if such period be extended in writing by the Commissioner
during the first fifteen days, it shall be deemed approved, and the rates, contracts
or other subject matter of such filing may be put into effect by the insurer at the
expiration of such waiting period. In the event the Commissioner disapproves any
filing, he shall specify in what respect he finds that such filing does not meet the
requirements of this subtitle or is otherwise contrary to law.

(5)  If at any time after the approval of a filing, the Commissioner should find
that the filing does not meet the requirements of this section or is otherwise
contrary to law, or if any party having an interest in such filing should make
complaint in writing, setting forth specific and reasonable causes for complaint to
the Commissioner, or if any insurer, upon notice of disapproval by the
Commissioner of a filing pursuant to this section, should so request, the
Commissioner shall hold a hearing within 30 days and shall give notice of the
hearing in writing to all parties in interest. The Commissioner may confirm,
modify, change or rescind any previous action, if warranted by the facts shown at
the hearing.

(6)   No insurer shall make or issue any contract, policy or guarantee of
insurance except in accordance with filings approved as provided in this section,
except as to special or unusual risks for which no filing has been hereinbefore
provided.

(7)   Every insurer must hold to the rates or premiums as approved by the
Commissioner and may not deviate therefrom nor allow to or for the account of
any insured a rebate or discount on the rates or premiums payable. As
compensation for procuring business, an insurer may pay or allow a commission to
any licensed agent of the insurer.

(8)  In order to further more equitable establishment and adjustment of rates and
premiums and forms of contracts, policies or guarantees of insurance, the
Commissioner and every insurer may exchange information and experience data
with each other, and with the insurance supervisory officials and insurers in other
states and with national organizations and associations and may consult and
cooperate with them in respect to rate and premium making and forms of
contracts, policies and guarantees of insurance.

(d)   No person or organization shall knowingly give false or misleading
information to the Commissioner, to any insurer or to any other person which will
in any manner affect the proper determination of rates or premiums, or the proper
issuance of a contract, policy or guarantee of insurance.

(e)  (1) The Commissioner may, if he finds that any person or organization has
violated any provision of this subtitle, impose a penalty of not more than $250.00
for each such violation, but, if he finds such violation to be wilful, he may impose
a penalty of not more than $1,000.00 for each such violation. Such penalties may
be in addition to any other penalty provided by law.

 

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Session Laws, 1973
Volume 709, Page 241   View pdf image
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