§ 10-4-409 — Rates furnished - cooperation among organizations

Colorado § 10-4-409

• Jurisdiction: Colorado
• Title 10: Insurance
• Art.: Property and Casualty Insurance

Text

(1) Subject
to rules and regulations which are approved by the commissioner as reasonable,
each rating organization shall permit any insurer, not a member, to be a subscriber
to its rating services for any kind of insurance or subdivision thereof for which it is
authorized to act as a rating organization. Notice of proposed changes in such rules
and regulations shall be given to subscribers. Each rating organization shall furnish
its rating services without discrimination to its members and subscribers. The
reasonableness of any rule or regulation in its application to subscribers or the
refusal of any rating organization to admit an insurer as a subscriber, at the request
of any subscriber or any such insurer, shall be reviewed by the commissioner at a
hearing held upon at least ten days' written notice to such rating organization and
to such subscriber or insurer. If the commissioner finds that such rule or regulation
is unreasonable in its application to subscribers, he shall order that such rule or
regulation shall not be applicable to subscribers. If the rating organization fails to
grant or reject an insurer's application for subscribership within thirty days after it
is made, the insurer may request a review by the commissioner as if the application
has been rejected. If the commissioner finds that the insurer has been refused
admittance to the rating organization as a subscriber without justification, he shall
order the rating organization to admit the insurer as a subscriber. If he finds that
the action of the rating organization is justified, he shall make an order affirming its
action.

(2) No rating organization shall adopt any rule the effect of which would
prohibit or regulate the payment of dividends, savings, or unabsorbed premium
deposits allowed or returned by insurers to their policyholders, members, or
subscribers.

(3) Cooperation among rating organizations or among rating organizations
and insurers in rate-making or in other matters within the scope of this part 4 is
authorized, if the rates resulting from such cooperation are subject to all the
provisions of this part 4 which are applicable to rates generally. The commissioner
may review such cooperative activities and practices and if, after a hearing, he finds
that any such activity or practice is unfair or unreasonable or otherwise inconsistent
with the provisions of this part 4, he may issue a written order specifying in what
respects such activity or practice is unfair or unreasonable or otherwise
inconsistent with the provisions of this part 4 and requiring the discontinuance of
such activity or practice.

Legislative History

Source: L. 79: Entire part R&RE, p. 369, � 8, effective July 1.