20-384. Rating criteria


A. In setting rates, an insurer shall apply the criteria prescribed in this
section.


B. An insurer shall give due consideration to past and prospective loss and expense
experience within and outside this state, to catastrophe hazards, to a reasonable margin
for underwriting profit and contingencies, to investment income from unearned premium and
loss reserves, to trends within and outside this state, to reasonable dividends or
savings to be allowed or returned by insurers to their policyholders, members or
subscribers and to all other factors, including judgment factors.


C. Risks may be classified in any reasonable way for the establishment of rates and
minimum premiums. Classifications shall not be based on race, color, creed or national
origin. Rates produced may be modified for individual risks in accordance with rating
plans or schedules that establish reasonable standards for measuring probable variations
in hazards or expenses, or both.


D. The expense provisions included in the rates to be used by an insurer may
reflect the operating methods of the insurer and its own expense experience.


E. Rates and supplementary rate information established pursuant to this article
shall not be based on or include loss and expense experience attributable to insurance
coverage issued to an industrial insured pursuant to section 20-400.10.