Rates

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  • (a) With respect to all classes of insurance which a commercial self-insurance fund shall underwrite, the rates shall not be excessive, inadequate, or unfairly discriminatory.

  • (b) A rate shall be held to be excessive if the expense factors associated with the rate are not justified or are not reasonable for the benefits and services provided.

  • (c) Rates shall be deemed inadequate if they are clearly insufficient, together with the investment income attributable to them, to sustain projected losses and expenses in the class of business to which they apply.

  • (d) A rate shall be deemed inadequate as to the premium charged to a risk or group of risks if discounts or credits are allowed which exceed a reasonable reflection of expense savings and reasonably expected loss experience from the risk or group of risks.

  • (e) If the Commissioner determines that the continued use of a rate for a coverage endangers the solvency of the fund, he may issue an order requiring the rate to be increased or requiring the fund to limit or cease writing the coverage.

  • (f) Nothing herein shall be construed to prohibit the Commissioner from examining a fund.

  • (g) A commercial self-insurance fund shall be required to file its rates, including credits and surcharge schedules, with the Commissioner for approval pursuant to the standards of this section and the procedures of section 1490, subsection (b) of this chapter.

  • (h) Any commercial self-insurance fund may subscribe to, or be a member of, a rating organization. A rating organization shall not discriminate against a commercial self-insurance fund as to conditions of subscription or membership.


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