A. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in § 38.2-1904. A rate service organization shall establish prospective loss costs and supplementary rate information for any market segment based on the factors in § 38.2-1904. An insurer may use supplementary rate information prepared by a rate service organization and may use prospective loss costs determined by the rate service organization with modification for its own expense and profit. The insurer may modify the prospective loss costs based on its own loss experience as the credibility of that loss experience allows.
B. An insurer may discharge its obligation to file supplementary rate information under subsection A of § 38.2-1906 by giving notice to the Commission that it uses supplementary rate information prepared and filed with the Commission by a designated rate service organization of which it is a member, subscriber, or service purchaser. The Commission may by order require an insurer to provide information in addition to that filed by the rate service organization. The insurer's supplementary rate information shall be that filed from time to time by the rate service organization, including any amendments to the supplementary rate information, subject to modifications filed by the insurer.
C. Every insurer shall adhere to the uniform classification system, uniform experience rating plan, and uniform statistical plan approved by the Commission in the provision of insurance defined in § 38.2-119. An insurer may develop subclassifications of the uniform classification system upon which rates for insurance defined in § 38.2-119 may be made; however, such subclassification must first be filed with and approved by the Commission. An insurer filing such subclassifications must certify to the Commission that the data it produces can be reported in a manner consistent with the uniform statistical plan and uniform classification system of its designated rate service organization.
1973, c. 504, § 38.1-279.36; 1976, c. 275; 1982, c. 201; 1986, c. 562; 1987, c. 697; 1990, c. 596; 1993, c. 985.
Structure Code of Virginia
Chapter 19 - Regulation of Rates Generally
§ 38.2-1900. Purposes of chapter
§ 38.2-1903.1. Exemptions of large commercial risks
§ 38.2-1905. Motor vehicle insurer not to charge points or increase premiums in certain instances
§ 38.2-1906. Filing and use of rates
§ 38.2-1906.1. Misquote of premium
§ 38.2-1907. Filings open to inspection
§ 38.2-1908. Rate making and delegation of filing obligation
§ 38.2-1909. Review of rates by Commission
§ 38.2-1910. Disapproval of rates
§ 38.2-1911. Special restrictions on individual insurers
§ 38.2-1912. Delayed effect of rates; certification of reinsurance with affiliated company
§ 38.2-1913. Operation and control of rate service organizations
§ 38.2-1914. Licensing of rate service organizations
§ 38.2-1915. Joint underwriting or joint reinsurance organizations
§ 38.2-1916. Certain conduct by insurers and rate service organizations prohibited
§ 38.2-1916.2. Penalties; injunctive relief; restitution
§ 38.2-1917. Injunctive relief
§ 38.2-1918. Agreements for equitable apportionment of insurance
§ 38.2-1919.1. Interchange of rating data and information
§ 38.2-1920. Excess rate for a specific risk
§ 38.2-1921. Combination policies
§ 38.2-1921.1. Professional employer organization workers' compensation rating
§ 38.2-1922. No rule prohibiting or regulating payment of dividends, etc., to be adopted
§ 38.2-1923. Person aggrieved by application of rating system to be heard; appeal to Commission
§ 38.2-1927. Withholding information; giving false or misleading information