20-400.01. Unjustified adjustments

A. No insurer may issue a policy of insurance subject to this article with a premium developed in a manner which is not consistent with a filing made pursuant to sections 20-357 and 20-385.

B. No insurer may make any adjustment to the full manual premium developed for any risk without adequate justification for that adjustment. An adjustment will be presumed to be adequately justified if both:

1. It is applied in a manner consistent with the insurer's filed rules.

2. The insurer's files contain adequate documentation of the facts supporting the adjustment.

C. A misclassification of a risk shall be considered an adjustment without adequate justification.

D. Each insurer shall maintain reasonable records of the information collected or used by it in developing the premium charged for any risk so that such records will be available to enable the director to verify compliance with this section.

20-400.01. Unjustified adjustments

A. No insurer may issue a policy of insurance subject to this article with a premium developed in a manner which is not consistent with a filing made pursuant to sections 20-357 and 20-385.

B. No insurer may make any adjustment to the full manual premium developed for any risk without adequate justification for that adjustment. An adjustment will be presumed to be adequately justified if both:

1. It is applied in a manner consistent with the insurer's filed rules.

2. The insurer's files contain adequate documentation of the facts supporting the adjustment.

C. A misclassification of a risk shall be considered an adjustment without adequate justification.

D. Each insurer shall maintain reasonable records of the information collected or used by it in developing the premium charged for any risk so that such records will be available to enable the director to verify compliance with this section.