HARRY HUGHES, Governor
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to persons not in the group or combination and to the public
generally, unless the form, plan of insurance, and the rates or
premiums to be charged therefor have been submitted to and
approved by the Commissioner as being not unfairly
discriminatory, and as not otherwise being in conflict with
subsection (a) above or with any provision of Subtitle 16 of this
article (rates and rating organization) to the extent that such
Subtitle 16 is, by its terms, applicable thereto.
(c) The Commissioner shall promulgate rules, regulations
and definitions necessary for the purpose of effectuating the
provisions of subsection (b) as it applies to property or
casualty insurance on motor vehicles.
(d) This section does not apply to life insurance, health
insurance, [or] annuity contracts, OR TO ANY POOLING ARRANGEMENT
BY PUBLIC ENTITIES UNDER § 482B OF THIS ARTICLE OR BY CHARITABLE
ORGANIZATIONS EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE OF 1954 FOR THE PURPOSE OF PURCHASING
INSURANCE UNDER THIS SECTION.
242.
(d) (1) Every insurer, except as otherwise provided below,
shall file with the Commissioner every manual, policy form,
endorsement, minimum rate, class rate, rating schedule or rating
plan and every other rating rule, and every modification 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 insured 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 interpretation 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.
(5) An insurer may satisfy its obligation to make
filings by becoming a member of or a subscriber to a licensed
rating organization which makes filings, and by authorizing the
Commissioner to accept filings on its behalf.
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