(a) Subject to rules and regulations which have been approved by the Commissioner as reasonable, each rating organization shall permit any insurer to be a subscriber to its rating services for any kind of insurance, subdivision or class of risk or a part or combination thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers. Each rating organization shall furnish its rating services without discrimination to its subscribers.
(b) The reasonableness of any rule or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, shall, at the request of any subscriber or any such insurer, be reviewed by the Commissioner at a hearing held upon at least 10 days' written notice to such rating organization and to such subscriber or insurer. If the Commissioner finds that such rule or regulation is unreasonable in its application to subscribers, he or she shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer's application for subscribership within 30 days after it was made, the insurer may request a review by the Commissioner as if the application had been rejected. If the Commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, he or she shall order the rating organization to admit the insurer as a subscriber. If he or she finds that the action of the rating organization was justified, he or she shall make an order affirming its action.
Structure Delaware Code
Chapter 25. RATES AND RATING ORGANIZATIONS
§ 2501. Purpose of chapter; interpretation.
§ 2505. Exemption from filing.
§ 2506. Effective date of filing.
§ 2507. Disapproval of filing.
§ 2508. Limitation of disapproval power.
§ 2510. Filings for members and subscribers of rating organizations authorized.
§ 2511. Licensing of rating organizations.
§ 2512. Subscribers to rating organizations.
§ 2514. Rules not to affect dividends.
§ 2516. Examinations and rules.
§ 2519. Appeal from rating organization.
§ 2520. Appeal by insurers and others as to filings.
§ 2521. Information to be furnished insured.
§ 2522. Advisory organizations.
§ 2523. Joint underwriters; joint reinsurers.
§ 2525. Recording and reporting of loss and expense experience.
§ 2526. Interchange of rating plan data; consultation; cooperative action in rate making.
§ 2528. False or misleading information.
§ 2531. Appeals from Commissioner.
§ 2532. Certain increases in premiums to peace officers or emergency personnel prohibited.
§ 2533. Workers' compensation rates.
§ 2534. Workers' compensation and employers' liability forms and policies.