PARRIS N. GLENDENING, Governor

Ch. 35

11-219. DEVIATIONS FROM RATING ORGANIZATION RATES.

(A) IN GENERAL.

AN INSURER MAY DEVIATE FROM THE RATES FILED BY A RATING
ORGANIZATION IF:

(1) THE INSURER HAS FILED THE DEVIATION TO BE APPLIED WITH THE
RATING ORGANIZATION AND COMMISSIONER;

(2) 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

(3) THE DEVIATION IS APPROVED BY THE COMMISSIONER.

(B) ACTION BY COMMISSIONER.

THE COMMISSIONER MAY APPROVE OR DISAPPROVE A DEVIATION AS IF THE
DEVIATION FILING WERE A RATE FILING AND SPECIFY THE PERIOD OF TIME
DURING WHICH AN APPROVAL WILL BE EFFECTIVE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 242(h)(1).

In subsection (a)(1) of this section, the word "filed" is substituted for the
former word "promulgated" for clarity.

Defined terms: "Commissioner" § 1-101
"Insurance" § 1-101
"Insurer" § 1-101
"Rate" § 11-101
"Rating organization" § 11-101

11-220. APPEAL BY MEMBER OR SUBSCRIBER.
(A) IN GENERAL.

(1) A MEMBER OF OR SUBSCRIBER TO A RATING ORGANIZATION MAY
APPEAL TO THE COMMISSIONER FROM THE ACTION OR DECISION OF THE RATING
ORGANIZATION IN APPROVING OR REJECTING A PROPOSED CHANGE IN OR
ADDITION TO THE FILINGS OF THE RATING ORGANIZATION.

(2) THE COMMISSIONER:

(I) SHALL ISSUE AN ORDER THAT APPROVES THE ACTION OR
DECISION OF THE RATING ORGANIZATION OR DIRECTS IT TO GIVE FURTHER
CONSIDERATION TO THE PROPOSAL; OR

(II) IF THE APPEAL IS FROM THE ACTION OR DECISION OF THE
RATING ORGANIZATION IN REJECTING A PROPOSED ADDITION TO ITS FILINGS AND
THE COMMISSIONER FINDS THAT THE ACTION OR DECISION WAS UNREASONABLE,
MAY ISSUE AN ORDER THAT DIRECTS THE RATING ORGANIZATION TO MAKE,

- 819 -