§ 38-73-1210 — Members of rating organization not required to file individually; rates for members in first year; collection, compilation and dissemination of premium data.

(A)(1) This item applies to property and casualty insurance but does not apply to workers' compensation insurance. An insurer may satisfy its obligation to make required filings by becoming a member of, or a subscriber to, a licensed rating organization which makes filings and by authorizing the director or his designee to accept the filings on its behalf. However, notwithstanding another provision of this article, a member or subscriber, within twelve months after its membership or subscribership, may not file to adopt a rate approved for use for the rating organization if the rate is more than the rate in use by the member or subscriber before its membership or subscribership in the rating organization. Further, notwithstanding the provisions of Sections 38-73-1300 and 38-73-1310, a member or subscriber, within twelve months after its membership or subscribership, may not be granted an upward deviation from its rate in use when becoming a member or subscriber. However, if a rate increase for the rating organization is approved within twelve months after an insurer becomes a member or subscriber, the member or subscriber may increase its rates by the same percentage of increase granted the rating organization. Nothing contained in this chapter may be construed to require an insurer to become a member of or a subscriber to a rating organization. (2) This item applies to workers' compensation insurance. An insurer may satisfy its obligation to make required filings by becoming a member of, or a subscriber to, a licensed rating organization that makes filings and by authorizing the director or his designee to accept the filings on its behalf. However, a licensed rating organization may not satisfy the insurer's obligation to make filings required pursuant to Section 38-73-525. (B) In addition to other activities not prohibited by this chapter, a rating organization may collect, compile, and disseminate to insurers compilations of past and current premiums of insurers.

Legislative History

HISTORY: Former 1976 Code SECTION 38-43-910 [1947 (45) 322; 1952 Code SECTION 37-721; 1962 Code SECTION 37-721; 1977 Act No. 162] recodified as SECTION 38-73-1210 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 783; 1998 Act No. 291, SECTION 2; 2016 Act No. 213 (S.1064), SECTION 2, eff June 3, 2016. Effect of Amendment 2016 Act No. 213, SECTION 2, rewrote (A), establishing that an insurer writing workers' compensation insurance may satisfy its filing obligation by becoming a member of or subscriber to a licensed rating organization.