27-13-76
Section 27-13-76 Prohibition against premiums not in accord with approved rating systems. No
insurer, or employee thereof, and no broker or agent shall knowingly charge, demand or receive
a premium for any policy of insurance except in accordance with the respective rating systems
on file with, and approved by, the commissioner. No insurer, or employee thereof, and no broker
or agent shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly,
as an inducement to insurance, or after insurance has been effected, any rebate, discount,
abatement, credit, or reduction of the premium named in a policy of insurance, or any special
favor or advantage in the dividends or other benefits to accrue thereon or any valuable consideration
or inducement whatever not specified in the policy of insurance, except to the extent that
such rebate, discount, abatement, credit, reduction, favor, advantage, or consideration may
be provided for in rating systems filed by, or on behalf...
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27-13-65
Section 27-13-65 Rate-making and making rating plans. Every rating organization and every insurer
which makes its own rates shall make rates that are not unreasonably high or inadequate for
the safety and soundness of the insurer and which do not unfairly discriminate between risks
in this state and shall, in rate-making and in making rating plans: (1) Adopt basis classifications,
which shall be used as the basis of all manual, minimum, class, schedule, or experience rates;
(2) Give consideration to past experience within the state and without the state, when necessary,
and due consideration may be given to prospective loss experience within the state and without
the state, when necessary, over such period of years as appears to be fairly representative
of the frequency of the occurrence of the particular risk; and (3) Give consideration to all
factors reasonably related to the kind of insurance involved, including a reasonable profit
for the insurer and, in the case of participating...
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27-5B-8
Section 27-5B-8 Certified reinsurer. (a) Credit shall be allowed when the reinsurance is ceded
to an assuming insurer that is certified by the commissioner as a reinsurer in this state
and secures its obligations in accordance with the requirements of this section. In order
to be eligible for certification, the assuming insurer shall meet all of the following requirements:
(1) The assuming insurer must be domiciled and licensed to transact insurance or reinsurance
in a qualified jurisdiction, as determined by the commissioner pursuant to subsection (c).
(2) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in
an amount to be determined by the commissioner pursuant to regulation. (3) The assuming insurer
must maintain financial strength ratings from two or more rating agencies deemed acceptable
by the commissioner pursuant to regulation. (4) The assuming insurer must agree to submit
to the jurisdiction of this state, appoint the commissioner as its agent...
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27-13-25
Section 27-13-25 Rating organizations - Provisions for insurers to become members or subscribers.
Every rating organization shall make reasonable provision in its bylaws, rules, constitution,
or otherwise to permit any insurer engaged in the kind of insurance for which rate-making
is done by such rating organization to become a member or subscriber thereof upon application
therefor by such insurer. An insurer may be a member of, or a subscriber to, more than one
rating organization, but not for the purpose of rating the same risk. No insurer shall use
any rate or rating systems made by a rating organization of which it is not a member or subscriber
or by another insurer. No rating organization shall discriminate unfairly between insurers
in the conditions imposed for admission as subscribers or in the services rendered to either
members or subscribers. The refusal of any rating organization to admit an insurer as a subscriber
shall, at the request of such insurer, be reviewed by the...
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27-13-42
Section 27-13-42 Notices, hearings, and orders by commissioner. The commissioner shall not
make any order under the provisions of this article without giving every rating organization
and insurer who may be affected thereby reasonable notice and a hearing, if hearing is requested.
All hearings provided for in this article shall be held at such time and place as shall be
designated in a notice which shall be given in writing by registered or certified mail to
such rating organization and insurer, or the officers, agents, and representatives thereof,
which may be affected thereby, at least 30 days before the date designated therein, which
notice shall state the subject of the order. At the conclusion of such hearing, or within
30 days thereafter, the commissioner shall make such order, or orders, as he may deem necessary
in accordance with his findings. (Acts 1945, No. 132, p. 133, §23; Acts 1971, No. 407, p.
707, §280.)...
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27-13-80
Section 27-13-80 Notices, hearings, and orders by commissioner. The commissioner shall not
make any order under the provisions of this article without giving every rating organization
and insurer who may be affected thereby reasonable notice and a hearing, if hearing is requested.
All hearings provided for in this article shall be held at such time and place as shall be
designated in a notice which shall be given in writing by registered or certified mail to
such rating organization and insurer, or the officers and agents and representatives thereof,
which may be affected thereby, at least 30 days before the date designated therein, which
notice shall state the subject of the order. At the conclusion of such hearing, or within
30 days thereafter, the commissioner shall make such order, or orders, as he may deem necessary
in accordance with his findings. (Acts 1945, No. 133, p. 145, §22; Acts 1971, No. 407, p.
707, §305.)...
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27-12-14
to any tax payable on account of such insurance, nor relieve any insured named in the policy
nor any employee of such insured who knowingly receives or accepts any rebate, discount, abatement,
credit, or reduction of the premium in violation of subsection (b) of this section, of any
penalty otherwise applicable under this title on account of any such violation. (e) No person
in this state shall advertise, offer, or provide free insurance as an inducement to the purchase
or sale of real or personal property or of services, directly or indirectly, connected
with such real or personal property. (1) For the purposes of this subsection, "free
insurance" is insurance for which no identifiable and additional charge is made to the
purchase of such real property or personal property or services or insurance for which
an identifiable or additional charge is made in an amount less than the cost of such insurance
as to the seller or other person, other than the insurer providing the same. (2)...
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27-13-36
Section 27-13-36 Examination of business, etc., of rating organizations and insurers making
own rates. The commissioner may, whenever he deems it expedient, but at least once in every
five years, make, or cause to be made, an examination of the business, affairs, and method
of operation of every rating organization doing business in this state and a like examination
of an insurer making its own rates. The cost of such examination shall be fixed in the same
manner as provided for in this title and shall be paid by the rating organization or insurer
making its own rates being examined. The commissioner may, in his discretion, waive such examination
upon proof that such rating organization has, within a reasonably recent period, been examined
by a public official or department of another state pursuant to the laws of such state and
upon the filing with the department of a certified copy of the report of such examination.
The officers, managers, agents, and employees of such rating...
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27-13-74
Section 27-13-74 Examination of business, etc., of rating organizations and insurers making
own rates. The commissioner may, whenever he deems it expedient, but at least once in every
five years, make, or cause to be made, an examination of the business, affairs, and method
of operation of each rating organization doing business in this state and a like examination
of each insurer making its own rates. The costs of such examination shall be fixed in the
same manner as provided for in Section 27-2-25 and shall be paid by the rating organization
or insurer making its own rates examined. The commissioner may, in his discretion, waive such
examination upon proof that such rating organization has, within a reasonably recent period,
been examined by a public official or department of another state, pursuant to the laws of
such state, and upon the filing with the department of a certified copy of the report of such
examination. The officers, managers, agents, and employees of such rating...
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27-13-22
Section 27-13-22 Applicability of article - Inland marine insurance. The provisions of this
section shall apply to all insurance which is now or hereafter defined by statute, by ruling
of the commissioner or by lawful custom as inland marine insurance, but this article shall
not apply to insurance of vessels or craft, their cargoes, marine builder's risks, marine
protection and indemnity, or other risks commonly insured under marine insurance policies:
(1) As to all classes of inland marine insurance for which class rates or rating plans are
customarily fixed by rating organizations or associations of underwriters, rates or rating
plans shall be filed by all authorized insurers writing such classes, with the department
in such manner and form as it shall direct, and also special rates fixed by any such rating
organization or association shall be similarly filed. All such rates shall be reasonable,
adequate and not unfairly discriminatory. Due consideration shall be given to past...
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