No insurance policy, certificate, contract, agreement, or rate schedule, except as is
otherwise provided, may be issued, nor may any application, rider, or endorsement be used in
connection therewith until the expiration of sixty days after it has been filed unless the
commissioner gives written approval. The commissioner may extend the sixty-day period for an
additional period not to exceed fifteen days if the commissioner gives written notice within the
sixty-day period to the insurer which made the filing that the commissioner needs the additional
time for the consideration of the filing.
26.1-30-21. Disapproval of form by commissioner - Notice and hearing.
1.If the commissioner disapproves any form, the commissioner shall notify the company
or organization which filed the form within
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No insurance policy, certificate, contract, agreement, or rate schedule, except as is
otherwise provided, may be issued, nor may any application, rider, or endorsement be used in
connection therewith until the expiration of sixty days after it has been filed unless the
commissioner gives written approval. The commissioner may extend the sixty-day period for an
additional period not to exceed fifteen days if the commissioner gives written notice within the
sixty-day period to the insurer which made the filing that the commissioner needs the additional
time for the consideration of the filing.
26.1-30-21. Disapproval of form by commissioner - Notice and hearing.
1. If the commissioner disapproves any form, the commissioner shall notify the company
or organization which filed the form within sixty days after filing or within the additional
period provided for in section 26.1-30-20 and provide written notice of disapproval of
the form, specifying the reasons for disapproval and stating that a hearing may be
requested in writing within forty-five days. No company or organization may issue any
insurance policy in the form which has been disapproved. If a hearing is requested, the
commissioner may suspend or postpone the effective date of disapproval.
2. The commissioner may, at any time after a hearing of which not less than twenty days'
written notice has been given to the insurer, withdraw approval of any form if it
contains a provision which is unjust, unfair, inequitable, misleading, or deceptive, or on
any of the grounds stated in this title. It is unlawful for the insurer to issue the form or
use it in connection with any policy after the effective date of withdrawal of approval.
The notice of any hearing called under this subsection must specify the matters to be
considered at the hearing and any decision affirming disapproval or directing
withdrawal of approval under this section must be in writing and must specify the
reasons for the decision.