(a) Any insurer may apply to the commissioner for permission to effect a uniform percentage increase or decrease in the rates applied to all kinds of a particular class in the state in a particular kind, or kinds, of insurance. Upon the filing of such application, the commissioner shall give notice thereof by registered or certified mail to the rating organization, if any, of which such insurer is a member or subscriber and shall fix a time and place for a hearing upon the merits of such application. At such hearing, such insurer and such rating organization, or their representatives, shall be entitled to be heard and to present evidence in support of, or against, such application. The commissioner shall, upon the conclusion of such hearing, make such order as he shall deem consistent with the establishment and maintenance of reasonable, adequate, and nondiscriminatory rates. If the application is granted, such increase or decrease shall remain in force unless withdrawn by the insurer with the consent of, or by order of, the commissioner. If the commissioner shall find that such increase or decrease will result in rates that are unreasonable, inadequate, or unfairly discriminatory, he shall make an order denying the application.
(b) Notwithstanding the foregoing, but subject to the provisions of Section 27-13-68, to the extent not inconsistent with this section, when a filing of adjustments of rates for existing classifications of risks is made under this section and does not involve a change in the relationship between such rates and the expense portion thereof, or does not involve a change of the element of expenses which are paid as percentage of premiums, and does not involve a change in rate relativities among such classifications on any basis other than loss experience, such filings shall become effective upon the date, or dates, specified in the filing and shall be deemed to meet the requirements of this article.
(c) A rate in excess of that promulgated by such rating organization may be charged on any specific risk, provided such higher rate is charged with the knowledge and written consent of both the insured and the commissioner.
(d) Subsection (b) of this section shall not apply to workmen's compensation or employer's liability insurance.
Structure Code of Alabama
Chapter 13 - Rates and Rating Organizations.
Article 3 - Casualty and Surety Insurance.
Section 27-13-60 - Definitions.
Section 27-13-61 - Applicability of Article.
Section 27-13-63 - Rating Organizations - Provisions for Insurers to Become Members or Subscribers.
Section 27-13-65 - Rate-Making and Making Rating Plans.
Section 27-13-67 - Filing of Rating Plans With Department by Insurers - Requirement.
Section 27-13-69 - Appeals From Decisions of Rating Organizations.
Section 27-13-70 - Furnishing Information as to Rates.
Section 27-13-71 - Hearings on Applications to Reduce Rates.
Section 27-13-72 - Application for Uniform Percentage Increase or Decrease in Rates by Insurers.
Section 27-13-73 - Factors to Be Considered in Determining Reasonableness, etc., of Rates.
Section 27-13-75 - Alteration, Supplementation, and Amendment of Rating Plans.
Section 27-13-76 - Prohibition Against Premiums Not in Accord With Approved Rating Systems.
Section 27-13-77 - False or Misleading Information Concerning Rates.
Section 27-13-78 - Suspension of License or Certificate of Authority.
Section 27-13-79 - Order Revoking or Suspending License.
Section 27-13-80 - Notices, Hearings, and Orders by Commissioner.
Section 27-13-81 - Review of Final Orders of Commissioner.