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Session Laws, 1997
Volume 795, Page 833   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 35

(II) SUBJECT TO MODIFICATIONS FILED BY THE INSURER, THE
INSURER'S RATES AND SUPPLEMENTARY RATE INFORMATION SHALL BE THOSE
FILED PERIODICALLY BY THE RATING ORGANIZATION, INCLUDING ANY
AMENDMENTS TO THOSE FILINGS.

(C) PUBLIC INSPECTION.

(1) EACH FILING AND ANY SUPPORTING INFORMATION FILED UNDER
THIS SUBTITLE SHALL BE OPEN TO PUBLIC INSPECTION AS SOON AS FILED.

(2) ON REQUEST AND PAYMENT OF A REASONABLE CHARGE, A PERSON
MAY OBTAIN COPIES OF A FILING AND ANY SUPPORTING INFORMATION.

(D) ACTION BY COMMISSIONER.

(1) THE COMMISSIONER MAY INVESTIGATE AND DETERMINE WHETHER
OR NOT RATES IN THE STATE ARE EXCESSIVE, INADEQUATE, OR UNFAIRLY
DISCRIMINATORY.

(2) IN AN INVESTIGATION AND DETERMINATION UNDER THIS
SUBSECTION, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE
FACTORS SPECIFIED IN § 11-306 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, §§ 244F, 244H, 244E(a), and 244G(a) and (b).

In subsection (a) of this section, the former references to "licensed" rating
organizations "under § 242(g) of this article" are deleted as unnecessary in
light of the requirement elsewhere in this subtitle that a rating organization be
licensed. See § 11-333 of this subtitle.

In subsection (b)(3)(i) of this section, the former reference to an insurer's
"obligations under § 244D of this subtitle" is deleted as misleading because
former Art. 48A, § 244D sets standards for making rates, not obligations for
insurers.

In subsection (d)(1) of this section, the former reference to "the kinds of
insurance to which this subtitle applies" is deleted as surplusage in light of the
general restriction on application of this subtitle in § 11-303 of this subtitle.

Defined terms: "Authorized insurer" § 1-101
"Commissioner" § 1-101
"Insurance" § 1-101
"Insurer" § 1-101
"Person" § 1-101
"Rate" § 11-101
"Rating organization" § 11-101
"Supplementary rate information" § 11-101

11-308. IMPROPER RATES.

(A) DISCONTINUANCE OF USE OF RATE.

- 833 -

 

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Session Laws, 1997
Volume 795, Page 833   View pdf image
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