(a)Every insurer shall file with the
commissioner every manual of classifications, rules, and rates, every
rating schedule, every rating plan, and every modification of any of the
foregoing which it proposes to use.
(b)The following types of insurance are exempt from the
requirements of subsections (a) and (k):
(1)Inland marine risks, which by general custom of the business
are not written according to manual rates or rating plans.
(2)Insurance that is:
(A)written by an insurer that:
(i)complies with subsection (n) and maintains at least a B
rating by A.M. Best or an equivalent rating by another
independent insurance rating organization; or
(ii)is approved for an exemption by the commissioner; and
(B)issued to commercial policyholders.
(c)Every such filing shall indicate the chara
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(a) Every insurer shall file with the
commissioner every manual of classifications, rules, and rates, every
rating schedule, every rating plan, and every modification of any of the
foregoing which it proposes to use.
(b) The following types of insurance are exempt from the
requirements of subsections (a) and (k):
(1) Inland marine risks, which by general custom of the business
are not written according to manual rates or rating plans.
(2) Insurance that is:
(A) written by an insurer that:
(i) complies with subsection (n) and maintains at least a B
rating by A.M. Best or an equivalent rating by another
independent insurance rating organization; or
(ii) is approved for an exemption by the commissioner; and
(B) issued to commercial policyholders.
(c) Every such filing shall indicate the character and extent of the
coverage contemplated and shall be accompanied by the information
upon which the filer supports such filing.
(d) The information furnished in support of a filing may include:
(1) the experience and judgment of the insurer or rating
organization making the filing;
(2) its interpretation of any statistical data it relies upon;
(3) the experience of other insurers or rating organizations; or
(4) any other relevant factors.
The commissioner shall have the right to request any additional
relevant information.
(e) The following apply to a filing and any supporting information
filed under this section:
(1) If the filer marks the filing or supporting information
"confidential", "trade secret", or "proprietary", the filer shall, upon
the request of the commissioner, provide a sufficient basis on
which the commissioner may determine that the filing or
supporting information is confidential.
(2) If the commissioner does not, less than thirty (30) days after
receiving the filing or information, notify the filer that the
commissioner disapproves the confidentiality of the filing or
supporting information, the filing and supporting information is
considered to have been determined to be confidential.
(3) The commissioner shall do the following:
(A) Upon the request of the filer before the filing or supporting
information is open to public inspection:
(i) return the filing or supporting information to the filer; and
(ii) make a notation in the policy filing retained by the
commissioner that the filing or supporting information was
returned to the filer.
(B) If the commissioner determines that a filing or supporting
information is not confidential under this subsection, upon the
request of the filer before the filing or supporting information
is open to public inspection, return the entire filing to the filer.
(C) Adopt rules under IC 4-22-2 to establish a process for a
determination under this subsection that a filing or supporting
information is confidential.
(4) Except for information determined by the commissioner to be
confidential under this subsection, the filing and supporting
information that has not been returned to the filer under
subdivision (3) shall be open to public inspection as soon as
stamped "filed" within a reasonable time after receipt by the
commissioner, and copies may be obtained by any person on
request and upon payment of a reasonable charge therefor.
The work product of the commissioner in making a determination
under this subsection is confidential. The department, the
commissioner, and employees of the department are immune from civil
and criminal liability for the good faith performance of their duties
under this subsection.
(f) Filings shall become effective upon the date of filing by delivery
or upon date of mailing by registered mail to the commissioner, or on
a later date specified in the filing.
(g) Specific inland marine rates on risks specially rated, made by a
rating organization, shall be filed with the commissioner.
(h) Any insurer may satisfy its obligation to make any such filings
by becoming a member of, or a subscriber to, a licensed rating
organization which makes such filings and by authorizing the
commissioner to accept such filings on its behalf, provided that nothing
contained in this chapter shall be construed as requiring any insurer to
become a member of or a subscriber to any rating organization or as
requiring any member or subscriber to authorize the commissioner to
accept such filings on its behalf.
(i) Every insurer which is a member of or a subscriber to a rating
organization shall be deemed to have authorized the commissioner to
accept on its behalf all filings made by the rating organization which
are within the scope of 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 commissioner and to the rating organization and may
then make its own independent filings for any kinds of insurance,
or subdivisions, or classes of risks, or parts or combinations of
any of the foregoing, with respect to which it has withdrawn or
terminated such authorization, or may request the rating
organization, within its discretion, to make any such filing on an
agency basis solely on behalf of the requesting subscriber; and
(2) that any member may proceed in the same manner as a
subscriber unless the rating organization shall have adopted a
rule, with the approval of the commissioner:
(A) requiring a member, before making an independent filing,
first to request the rating organization to make such filing on its
behalf and requiring the rating organization, within thirty (30)
days after receipt of such request, either:
(i) to make such filing as a rating organization filing;
(ii) to make such filing on an agency basis solely on behalf of
the requesting member; or
(iii) to decline the request of such member; and
(B) excluding from membership any insurer which elects to
make any filing wholly independently of the rating
organization.
(j) Under such rules as the commissioner shall adopt, the
commissioner may, by written order, suspend or modify the
requirement of filing as to any kinds of insurance, or subdivision, or
classes of risk, or parts or combinations of any of the foregoing, the
rates for which can not practicably be filed before they are used. Such
orders and rules shall be made known to insurers and rating
organizations affected thereby. The commissioner may make such
examination as the commissioner may deem advisable to ascertain
whether any rates affected by such order are excessive, inadequate, or
unfairly discriminatory.
(k) Upon the written application of the insured, stating the insured's
reasons therefor, filed with the commissioner, a rate in excess of that
provided by a filing otherwise applicable may be used on any specific
risk.
(l) An insurer shall not make or issue a policy or contract except in
accordance with filings which are in effect for that insurer or in
accordance with the provisions of this chapter. Subject to the
provisions of section 6 of this chapter, any rates, rating plans, rules,
classifications, or systems in effect on May 31, 1967, shall be
continued in effect until withdrawn by the insurer or rating
organization which filed them.
(m) The commissioner shall have the right to make an investigation
and to examine the pertinent files and records of any insurer, insurance
producer, or insured in order to ascertain compliance with any filing for
rate or coverage which is in effect. The commissioner shall have the
right to set up procedures necessary to eliminate noncompliance,
whether on an individual policy, or because of a system of applying
charges or discounts which results in failure to comply with such filing.
(n) This subsection applies to an insurer that issues a commercial
property or commercial casualty insurance policy to a commercial
policyholder. Not more than thirty (30) days after the insurer begins
using a commercial property or commercial casualty insurance:
(1) rate;
(2) rating plan;
(3) manual of classifications;
(4) form; or
(5) modification of an item specified in subdivision (1), (2), (3),
or (4);
the insurer shall file with the department, for informational purposes
only, the item specified in subdivision (1), (2), (3), (4), or (5). Use of
an item specified in subdivision (1), (2), (3), (4), or (5) is not
conditioned on review or approval by the department. This subsection
does not require filing of an individual policy rate if the original
manuals, rates, and rules for the insurance plan or program to which the
individual policy conforms has been filed with the department.
(o) An insurer that issues a commercial property or commercial
casualty insurance policy form, endorsement, or rider that is prepared
to provide or exclude coverage for an unusual or extraordinary risk of
a particular commercial policyholder must maintain the policy form,
endorsement, or rider in the insurer's Indiana office and provide the
policy form, endorsement, or rider to the commissioner at the
commissioner's request.
(p) If coverage under a commercial property or commercial casualty
insurance policy is changed, upon renewal of the policy, the insurer
shall provide to the policyholder and insurance producer through which
the policyholder obtains the coverage a written notice that the policy
has been changed.
Formerly: Acts 1967, c.133, s.4. As amended by P.L.252-1985,
SEC.107; P.L.268-1999, SEC.12; P.L.178-2003, SEC.22;
P.L.193-2006, SEC.8; P.L.173-2007, SEC.16; P.L.81-2012,
SEC.10.