Sec. 9. (a) In addition to any rights conferred pursuant to section 4 of this chapter any member or subscriber to a rating organization may file with commissioner a deviation from the rates, rating schedules, rating plans, rating systems, or rules respecting any kind of insurance, division, subdivision, classification, or any part or combination of any of the foregoing.
(b) Such a filing shall specify the nature and extent of the deviation and shall be accompanied by the relevant information upon which the filer supports the deviation. The commissioner shall have the right to request any additional relevant information.
(c) Such deviation shall become effective upon the date of filing by delivery or upon date of mailing by registered mail to the commissioner or on a later date specified in the filing. It shall be in effect until terminated by the filer giving notice to the commissioner of the termination of the deviation. A change in the rates, rating schedules, rating plans, rating systems, or rules to which the deviation applies shall not terminate the deviation without the consent of the insurer to which the deviation applies. Any such deviation may be terminated by the commissioner pursuant to the provisions of section 5 of this chapter and after notice and hearings as provided in section 5 of this chapter.
(d) A deviation filing and supporting information shall be open to public inspection as soon as stamped "filed" within a reasonable time after receipt by the commissioner and copies may be had by any person on request and upon the payment of a reasonable charge therefor.
Formerly: Acts 1967, c.133, s.9. As amended by P.L.252-1985, SEC.112.
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