Special rate making principles

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    (a)    All homeowner’s insurance rates shall be made in accordance with the principles set forth in this section.

    (b)    (1)    An insurer under a homeowner’s insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium because of a specific claim.

        (2)    For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:

            (i)    if the policy has not yet been issued:

                1.    the date of the application; or

                2.    the proposed effective date of the policy; or

            (ii)    on renewal of a policy, the effective date of the renewal.

        (3)    (i)    The removal of, reduction of, or refusal to apply a discount is not a violation of this subsection if the claim resulting in the removal of, reduction of, or refusal to apply the discount was filed not more than 5 years before the removal, reduction, or refusal.

            (ii)    Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.


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