28-4008. Assigned risk plans
A. After consultation with insurance companies authorized to issue motor vehicle
liability policies in this state, the director of the department of insurance shall
approve a reasonable plan for the equitable apportionment among the companies of
applicants for policies and for motor vehicle liability policies who are in good faith
entitled to but are unable to procure the policies through ordinary methods.
B. After a plan has been approved, all insurance companies authorized to issue
motor vehicle liability policies in this state shall subscribe to and participate in the
plan.
C. An applicant for a policy under this section, a person insured under an assigned
risk plan and an insurance company affected may appeal to the director of the department
of insurance from any ruling or decision of the manager or committee designated to
operate the plan. Within ten days after notice of an order or act of the director of the
department of insurance, a person aggrieved under this section by the order or act may
file a petition in the superior court in the county in which the director of the
department of insurance is domiciled against the director of the department of insurance
for a review of the order or act. The court shall summarily hear the petition and may
make any appropriate order or decree.
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