Sec. 7. (a) When a filing or deviation involving a rate adjustment depends upon a change in the relationship between the proposed rates and the anticipated production expense portion thereof from the relationship anticipated under any rates previously filed and currently in effect for the company or rating organization involved, such filing or deviation shall be subject to the provisions of subsection (b).
(b) Each filing or deviation subject to this section shall be on file for a waiting period of twenty (20) days before it becomes effective. If within such waiting period or after hearing as provided in this section, the commissioner finds that the filing or deviation does not meet the requirements of this chapter, the commissioner shall send to the insurer or rating organization which made the filing or to the insurer which filed the deviation written notice of disapproval specifying in the notice in what respects the filing or deviation fails to meet the requirements of this chapter and stating that the same shall not become effective. Such filing or deviation shall be deemed to meet the requirements of this act unless disapproved:
(1) within such waiting period; or
(2) if a hearing has been called and written notice thereof given by the commissioner during such waiting period, then within ten (10) days after the date of commencement of such hearing.
Upon the commissioner's own motion, or upon timely written request by any insurance producer or broker of the company or companies to which such filing or deviation is applicable, if such request is in good faith and states reasonable grounds, the commissioner may at any time within the waiting period call a hearing upon not less than ten (10) nor more than fifteen (15) days written notice to the company or rating organization making the filing or to the company filing the deviation. Within ten (10) days after the commencement of such hearing, the commissioner shall in writing either approve such filing or deviation or shall disapprove the same as provided in this section.
Formerly: Acts 1967, c.133, s.7. As amended by P.L.252-1985, SEC.110; P.L.178-2003, SEC.24; P.L.136-2018, SEC.166.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 22. Regulation of Insurance Rates
27-1-22-2. Application of Act; Exceptions; "Inland Marine Insurance"
27-1-22-2.5. "Commercial Policyholder" Defined
27-1-22-3. Guidelines for Establishing Rates; Uniformity; Fleet or Fleet Policy
27-1-22-5. Hearing on Question of Compliance With Filing Requirements; Finding and Order
27-1-22-6. Bad Faith Filing; Burden of Proof; Order to Rewrite Policies at Approved Rate
27-1-22-8. Rating Organizations; Definitions; License; Services to Subscribers; Rules; Cooperation
27-1-22-9. Deviation From Rates; Filing; Effective Date; Termination; Public Inspection
27-1-22-10. Insurers Acting in Concert
27-1-22-11. Appeal to Commissioner From Act or Decision of Rating Organization; Decision and Order
27-1-22-12. Procedure on Complaint by Insured
27-1-22-13. Advisory Organization; Filing and Regulation; Orders of Commissioner
27-1-22-16. Approval of Rules and Statistical Plans; Exchange of Information and Experience Data
27-1-22-17. Withholding Information; Giving False or Misleading Information
27-1-22-19. Freedom of Contract With Reference to Commissions
27-1-22-20. High Risk Auto Insurance; Apportionment Agreements; Rate Modifications
27-1-22-23. Exemption of Rates and Classifications From Law Governing Rules and Regulations
27-1-22-24. Suspension or Revocation of Licenses
27-1-22-27. Motor Vehicle Insurance; Rates for Innocent Prior-Uninsured Motorists
27-1-22-28. Title Insurance Filings; Title Insurance Rate Comparison Tool