§431:10A-406  Forms; rates; approval. 
(a)  The forms of the policies, applications, certificates, or other evidence
of insurance coverage, commission schedules, and applicable premium rates
relating thereto shall be filed with the commissioner.



(b)  No policy, contract, certificate, or other
evidence of insurance, application, or other form shall be sold, issued, or
used and no endorsement shall be attached to or printed or stamped thereon
unless its form has been approved by the commissioner or thirty days have
expired after such filing without written notice from the commissioner of
disapproval.  The commissioner shall disapprove the forms for such insurance if
the commissioner finds:



(1)  That they are unjust, inequitable, misleading, or
deceptive; or



(2)  That the rates are by reasonable assumptions
excessive in relation to the benefits provided.



In determining whether the rates by reasonable
assumptions are excessive in relation to the benefits provided, the
commissioner shall give due consideration to past and prospective claim
experience, within and outside this State, and to fluctuations in such claim
experience, to a reasonable risk charge, to contribution to surplus and
contingency funds, to past and prospective expenses, both within and outside this
State, and to all other relevant factors within and outside this State,
including any differing operating methods of the insurers joining in the issue
of the policy.  In exercising the powers conferred by this part, the
commissioner shall not be bound by any other requirement of this code with
respect to standard provisions to be included in accident and health or
sickness policies or forms.



(c)  After hearing, upon written notice, the
commissioner may withdraw an approval previously given if the commissioner is
of the opinion that an original submission would have been disapproved.  Such
withdrawal of approval shall be effective not less than ninety days after the
giving of notice of withdrawal. [L 1987, c 347, pt of §2; am L 2003, c 212,
§80]