Rating plans to be filed with director, when--informational filings.
379.321. 1. Every insurer shall file with the director, except as tocommercial property or commercial casualty insurance as provided in subsection6 of this section, every manual of classifications, rules, underwriting rulesand rates, every rating plan and every modification of the foregoing which ituses and the policies and forms to which such rates are applied. Any insurermay satisfy its obligation to make any such filings by becoming a member of,or a subscriber to, a licensed rating organization which makes such filingsand by authorizing the director to accept such filings on its behalf, providedthat nothing contained in section 379.017 and sections 379.316 to 379.361shall be construed as requiring any insurer to become a member of or asubscriber to any rating organization or as requiring any member or subscriberto authorize the director to accept such filings on its behalf. Filing withthe director by such insurer or licensed rating organization within ten daysafter such manuals, rating plans or modifications thereof or policies or formsare effective shall be sufficient compliance with this section.
2. Except as to commercial property or commercial casualty insurance asprovided in subsection 6 of this section, no insurer shall make or issue apolicy or contract except pursuant to filings which are in effect for thatinsurer or pursuant to section 379.017 and sections 379.316 to 379.361. Anyrates, rating plans, rules, classifications or systems, in effect on August13, 1972, shall be continued in effect until withdrawn by the insurer orrating organization which filed them.
3. Upon the written application of the insured, stating his or herreasons therefor, filed with the insurer, a rate in excess of that provided bya filing otherwise applicable may be used on any specific risk.
4. Every insurer which is a member of or a subscriber to a ratingorganization shall be deemed to have authorized the director to accept on itsbehalf all filings made by the rating organization which are within the scopeof its membership or subscribership, provided:
(1) That any subscriber may withdraw or terminate such authorization,either generally or for individual filings, by written notice to the directorand to the rating organization and may then make its own independent filingsfor any kinds of insurance, or subdivisions, or classes of risks, or parts orcombinations of any of the foregoing, with respect to which it has withdrawnor terminated such authorization, or may request the rating organization,within its discretion, to make any such filing on an agency basis solely onbehalf of the requesting subscriber; and
(2) That any member may proceed in the same manner as a subscriberunless the rating organization shall have adopted a rule, with the approval ofthe director:
(a) Requiring a member, before making an independent filing, first torequest the rating organization to make such filing on its behalf andrequiring the rating organization, within thirty days after receipt of suchrequest, either:
a. To make such filing as a rating organization filing;
b. To make such filing on an agency basis solely on behalf of therequesting member; or
c. To decline the request of such member; and
(b) Excluding from membership any insurer which elects to make anyfiling wholly independently of the rating organization.
5. Any change in a filing made pursuant to this section during the firstsix months of the date such filing becomes effective shall be approved ordisapproved by the director within ten days following the director's receiptof notice of such proposed change.
6. Commercial property and commercial casualty requirements differ asfollows:
(1) All commercial property and commercial casualty insurance rates,rate plans, modifications, and manuals of classifications, where appropriate,shall be filed with the director for informational purposes only. Such ratesare not to be reviewed or approved by the department of insurance, financialinstitutions and professional registration as a condition of their use.Nothing in this subsection shall require the filing of individual rates wherethe original manuals, rates and rules for the insurance plan or program towhich such individual policies conform have already been filed with thedirector;
(2) If an insurer will only renew a commercial casualty or commercialproperty insurance policy with an increase in premium of twenty-five percentor more, a "premium alteration requiring notification" notice must be mailedor delivered by the insurer at least sixty days prior to the expiration dateof the policy, except in the case of an umbrella or excess policy the coverageof which is contingent on the coverage of an underlying policy of commercialproperty or casualty insurance, in which case notice of an increase in premiumof twenty-five percent or more shall be mailed or delivered at least thirtydays prior to the expiration date of the policy. Such notice shall be mailedor delivered to the agent of record and to the named insured at the addressshown in the policy. If the insurer fails to meet this notice requirement,the insured shall have the option of continuing the policy for the remainderof the notice period plus an additional thirty days at the premium rate of theexisting policy or contract. This provision does not apply if the insurer hasoffered to renew a policy without such an increase in premium or if theinsured fails to pay a premium due or any advance premium required by theinsurer for renewal. For purposes of this section, "premium alterationrequiring notification" means an annual increase in premium of twenty-fivepercent or more, exclusive of premium increases due to a change in theoperations of the insured which increases either the hazard insured against orthe individual loss characteristics, or due to a change in the magnitude ofthe exposure basis, including, without limitation, increases in payroll orsales. For commercial multiperil policies, no "premium alteration requiringnotification" shall be required unless the increase in premium for all of apolicyholder's policies taken together amounts to a twenty-five percent ormore annual increase in premium;
(3) Commercial property and commercial casualty policy forms shall befiled with the director as provided pursuant to subsection 1 of this section.However, if after review, it is determined that corrective action must betaken to modify the filed forms, the director shall impose such correctiveaction on a prospective basis for new policies. All policies previouslyissued which are of a type that is subject to such corrective action shall bedeemed to have been modified to conform to such corrective action retroactiveto their inception date;
(4) For purposes of this section, "commercial casualty" means"commercial casualty insurance" as defined in section 379.882. For purposesof this section, "commercial property" means property insurance, which is forbusiness and professional interests, whether for profit, nonprofit or publicin nature which is not for personal, family or household purposes, and shallinclude commercial inland marine insurance, but does not include titleinsurance;
(5) Nothing in this subsection shall limit the director's authority overexcessive, inadequate or unfairly discriminatory rates.
Rating plans to be filed with director, when--informational filings.
379.321. 1. Every insurer shall file with the director, except as tocommercial property or commercial casualty insurance as provided in subsection6 of this section, every manual of classifications, rules, underwriting rulesand rates, every rating plan and every modification of the foregoing which ituses and the policies and forms to which such rates are applied. Any insurermay satisfy its obligation to make any such filings by becoming a member of,or a subscriber to, a licensed rating organization which makes such filingsand by authorizing the director to accept such filings on its behalf, providedthat nothing contained in section 379.017 and sections 379.316 to 379.361shall be construed as requiring any insurer to become a member of or asubscriber to any rating organization or as requiring any member or subscriberto authorize the director to accept such filings on its behalf. Filing withthe director by such insurer or licensed rating organization within ten daysafter such manuals, rating plans or modifications thereof or policies or formsare effective shall be sufficient compliance with this section.
2. Except as to commercial property or commercial casualty insurance asprovided in subsection 6 of this section, no insurer shall make or issue apolicy or contract except pursuant to filings which are in effect for thatinsurer or pursuant to section 379.017 and sections 379.316 to 379.361. Anyrates, rating plans, rules, classifications or systems, in effect on August13, 1972, shall be continued in effect until withdrawn by the insurer orrating organization which filed them.
3. Upon the written application of the insured, stating his or herreasons therefor, filed with the insurer, a rate in excess of that provided bya filing otherwise applicable may be used on any specific risk.
4. Every insurer which is a member of or a subscriber to a ratingorganization shall be deemed to have authorized the director to accept on itsbehalf all filings made by the rating organization which are within the scopeof its membership or subscribership, provided:
(1) That any subscriber may withdraw or terminate such authorization,either generally or for individual filings, by written notice to the directorand to the rating organization and may then make its own independent filingsfor any kinds of insurance, or subdivisions, or classes of risks, or parts orcombinations of any of the foregoing, with respect to which it has withdrawnor terminated such authorization, or may request the rating organization,within its discretion, to make any such filing on an agency basis solely onbehalf of the requesting subscriber; and
(2) That any member may proceed in the same manner as a subscriberunless the rating organization shall have adopted a rule, with the approval ofthe director:
(a) Requiring a member, before making an independent filing, first torequest the rating organization to make such filing on its behalf andrequiring the rating organization, within thirty days after receipt of suchrequest, either:
a. To make such filing as a rating organization filing;
b. To make such filing on an agency basis solely on behalf of therequesting member; or
c. To decline the request of such member; and
(b) Excluding from membership any insurer which elects to make anyfiling wholly independently of the rating organization.
5. Any change in a filing made pursuant to this section during the firstsix months of the date such filing becomes effective shall be approved ordisapproved by the director within ten days following the director's receiptof notice of such proposed change.
6. Commercial property and commercial casualty requirements differ asfollows:
(1) All commercial property and commercial casualty insurance rates,rate plans, modifications, and manuals of classifications, where appropriate,shall be filed with the director for informational purposes only. Such ratesare not to be reviewed or approved by the department of insurance, financialinstitutions and professional registration as a condition of their use.Nothing in this subsection shall require the filing of individual rates wherethe original manuals, rates and rules for the insurance plan or program towhich such individual policies conform have already been filed with thedirector;
(2) If an insurer will only renew a commercial casualty or commercialproperty insurance policy with an increase in premium of twenty-five percentor more, a "premium alteration requiring notification" notice must be mailedor delivered by the insurer at least sixty days prior to the expiration dateof the policy, except in the case of an umbrella or excess policy the coverageof which is contingent on the coverage of an underlying policy of commercialproperty or casualty insurance, in which case notice of an increase in premiumof twenty-five percent or more shall be mailed or delivered at least thirtydays prior to the expiration date of the policy. Such notice shall be mailedor delivered to the agent of record and to the named insured at the addressshown in the policy. If the insurer fails to meet this notice requirement,the insured shall have the option of continuing the policy for the remainderof the notice period plus an additional thirty days at the premium rate of theexisting policy or contract. This provision does not apply if the insurer hasoffered to renew a policy without such an increase in premium or if theinsured fails to pay a premium due or any advance premium required by theinsurer for renewal. For purposes of this section, "premium alterationrequiring notification" means an annual increase in premium of twenty-fivepercent or more, exclusive of premium increases due to a change in theoperations of the insured which increases either the hazard insured against orthe individual loss characteristics, or due to a change in the magnitude ofthe exposure basis, including, without limitation, increases in payroll orsales. For commercial multiperil policies, no "premium alteration requiringnotification" shall be required unless the increase in premium for all of apolicyholder's policies taken together amounts to a twenty-five percent ormore annual increase in premium;
(3) Commercial property and commercial casualty policy forms shall befiled with the director as provided pursuant to subsection 1 of this section.However, if after review, it is determined that corrective action must betaken to modify the filed forms, the director shall impose such correctiveaction on a prospective basis for new policies. All policies previouslyissued which are of a type that is subject to such corrective action shall bedeemed to have been modified to conform to such corrective action retroactiveto their inception date;
(4) For purposes of this section, "commercial casualty" means"commercial casualty insurance" as defined in section 379.882. For purposesof this section, "commercial property" means property insurance, which is forbusiness and professional interests, whether for profit, nonprofit or publicin nature which is not for personal, family or household purposes, and shallinclude commercial inland marine insurance, but does not include titleinsurance;
(5) Nothing in this subsection shall limit the director's authority overexcessive, inadequate or unfairly discriminatory rates.
Rating plans to be filed with director, when--informational filings.
379.321. 1. Every insurer shall file with the director, except as tocommercial property or commercial casualty insurance as provided in subsection6 of this section, every manual of classifications, rules, underwriting rulesand rates, every rating plan and every modification of the foregoing which ituses and the policies and forms to which such rates are applied. Any insurermay satisfy its obligation to make any such filings by becoming a member of,or a subscriber to, a licensed rating organization which makes such filingsand by authorizing the director to accept such filings on its behalf, providedthat nothing contained in section 379.017 and sections 379.316 to 379.361shall be construed as requiring any insurer to become a member of or asubscriber to any rating organization or as requiring any member or subscriberto authorize the director to accept such filings on its behalf. Filing withthe director by such insurer or licensed rating organization within ten daysafter such manuals, rating plans or modifications thereof or policies or formsare effective shall be sufficient compliance with this section.
2. Except as to commercial property or commercial casualty insurance asprovided in subsection 6 of this section, no insurer shall make or issue apolicy or contract except pursuant to filings which are in effect for thatinsurer or pursuant to section 379.017 and sections 379.316 to 379.361. Anyrates, rating plans, rules, classifications or systems, in effect on August13, 1972, shall be continued in effect until withdrawn by the insurer orrating organization which filed them.
3. Upon the written application of the insured, stating his or herreasons therefor, filed with the insurer, a rate in excess of that provided bya filing otherwise applicable may be used on any specific risk.
4. Every insurer which is a member of or a subscriber to a ratingorganization shall be deemed to have authorized the director to accept on itsbehalf all filings made by the rating organization which are within the scopeof its membership or subscribership, provided:
(1) That any subscriber may withdraw or terminate such authorization,either generally or for individual filings, by written notice to the directorand to the rating organization and may then make its own independent filingsfor any kinds of insurance, or subdivisions, or classes of risks, or parts orcombinations of any of the foregoing, with respect to which it has withdrawnor terminated such authorization, or may request the rating organization,within its discretion, to make any such filing on an agency basis solely onbehalf of the requesting subscriber; and
(2) That any member may proceed in the same manner as a subscriberunless the rating organization shall have adopted a rule, with the approval ofthe director:
(a) Requiring a member, before making an independent filing, first torequest the rating organization to make such filing on its behalf andrequiring the rating organization, within thirty days after receipt of suchrequest, either:
a. To make such filing as a rating organization filing;
b. To make such filing on an agency basis solely on behalf of therequesting member; or
c. To decline the request of such member; and
(b) Excluding from membership any insurer which elects to make anyfiling wholly independently of the rating organization.
5. Any change in a filing made pursuant to this section during the firstsix months of the date such filing becomes effective shall be approved ordisapproved by the director within ten days following the director's receiptof notice of such proposed change.
6. Commercial property and commercial casualty requirements differ asfollows:
(1) All commercial property and commercial casualty insurance rates,rate plans, modifications, and manuals of classifications, where appropriate,shall be filed with the director for informational purposes only. Such ratesare not to be reviewed or approved by the department of insurance, financialinstitutions and professional registration as a condition of their use.Nothing in this subsection shall require the filing of individual rates wherethe original manuals, rates and rules for the insurance plan or program towhich such individual policies conform have already been filed with thedirector;
(2) If an insurer will only renew a commercial casualty or commercialproperty insurance policy with an increase in premium of twenty-five percentor more, a "premium alteration requiring notification" notice must be mailedor delivered by the insurer at least sixty days prior to the expiration dateof the policy, except in the case of an umbrella or excess policy the coverageof which is contingent on the coverage of an underlying policy of commercialproperty or casualty insurance, in which case notice of an increase in premiumof twenty-five percent or more shall be mailed or delivered at least thirtydays prior to the expiration date of the policy. Such notice shall be mailedor delivered to the agent of record and to the named insured at the addressshown in the policy. If the insurer fails to meet this notice requirement,the insured shall have the option of continuing the policy for the remainderof the notice period plus an additional thirty days at the premium rate of theexisting policy or contract. This provision does not apply if the insurer hasoffered to renew a policy without such an increase in premium or if theinsured fails to pay a premium due or any advance premium required by theinsurer for renewal. For purposes of this section, "premium alterationrequiring notification" means an annual increase in premium of twenty-fivepercent or more, exclusive of premium increases due to a change in theoperations of the insured which increases either the hazard insured against orthe individual loss characteristics, or due to a change in the magnitude ofthe exposure basis, including, without limitation, increases in payroll orsales. For commercial multiperil policies, no "premium alteration requiringnotification" shall be required unless the increase in premium for all of apolicyholder's policies taken together amounts to a twenty-five percent ormore annual increase in premium;
(3) Commercial property and commercial casualty policy forms shall befiled with the director as provided pursuant to subsection 1 of this section.However, if after review, it is determined that corrective action must betaken to modify the filed forms, the director shall impose such correctiveaction on a prospective basis for new policies. All policies previouslyissued which are of a type that is subject to such corrective action shall bedeemed to have been modified to conform to such corrective action retroactiveto their inception date;
(4) For purposes of this section, "commercial casualty" means"commercial casualty insurance" as defined in section 379.882. For purposesof this section, "commercial property" means property insurance, which is forbusiness and professional interests, whether for profit, nonprofit or publicin nature which is not for personal, family or household purposes, and shallinclude commercial inland marine insurance, but does not include titleinsurance;
(5) Nothing in this subsection shall limit the director's authority overexcessive, inadequate or unfairly discriminatory rates.
