§ 38-73-1060 — Use of rates and policy forms different from those filed; exceptions.

(A) Upon the written application of the insured, stating his reasons therefor, filed with the department and approved by the director or his designee, a rate different from that provided by a filing otherwise applicable may be used on any specific risk. (B) Upon the written application of an insured which has aggregate insurance premiums, other than life, accident, and health, in excess of one hundred thousand dollars, stating the reasons therefor, filed with the department, and approved by the director or his designee, a policy form different from that provided by a filing otherwise applicable may be used on any specific risk. Any policy form filed with the department pursuant to this subsection must be considered approved if not approved or disapproved within thirty days of receipt by the department. However, the consent-to-form does not apply to policy forms providing private passenger automobile insurance coverage subject to the mandate-to-write, workers' compensation insurance coverage, or employer's liability insurance coverage and policy forms underwritten by joint underwriting transactions or joint insurance transactions.

Legislative History

HISTORY: Former 1976 Code SECTION 38-43-740 [1947 (45) 322; 1952 Code SECTION 37-704; 1962 Code SECTION 37-704] recodified as SECTION 38-73-1060 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 783; 1997 Act No. 68, SECTION 8.