1. Rates must not be excessive, inadequate or unfairly discriminatory, nor may an insurer charge any rate which if continued will have or tend to have the effect of destroying competition or creating a monopoly.
2. The Commissioner may disapprove rates if there is not a reasonable degree of price competition at the consumer level with respect to the class of business to which they apply. In determining whether a reasonable degree of price competition exists, the Commissioner shall consider all relevant tests, including:
(a) The number of insurers actively engaged in the class of business and their shares of the market;
(b) The existence of differentials in rates in that class of business;
(c) Whether long-run profitability for insurers generally of the class of business is unreasonably high in relation to its riskiness;
(d) Consumers’ knowledge in regard to the market in question; and
(e) Whether price competition is a result of the market or is artificial.
If competition does not exist, rates are excessive if they are likely to produce a long-run profit that is unreasonably high in relation to the riskiness of the class of business, or if expenses are unreasonably high in relation to the services rendered.
3. Rates are inadequate if they are clearly insufficient, together with the income from investments attributable to them, to sustain projected losses and expenses in the class of business to which they apply.
4. One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the differences in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with similar exposure to loss but different expense factors, or similar expense factors but different exposure to loss, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise or blanket policy.
(Added to NRS by 1971, 1699; A 1987, 1533)
Structure Nevada Revised Statutes
Chapter 686B - Rates and Essential Insurance
NRS 686B.010 - Construction and purposes.
NRS 686B.060 - Determination of whether rates comply with standards.
NRS 686B.080 - Filing and supporting information open to public inspection; copies; exceptions.
NRS 686B.100 - Filing of supporting data.
NRS 686B.115 - Hearing on rates open to public; cost for transcripts; public testimony.
NRS 686B.117 - Intervention in hearing on rates.
NRS 686B.125 - Limitation on rates for coverage for dental care; exception.
NRS 686B.150 - Binding agreements by insurers relating to rates and rules.
NRS 686B.170 - Examination of service organizations by Commissioner.
NRS 686B.1752 - "Advisory Organization" defined.
NRS 686B.1753 - "Basic premium rate" defined.
NRS 686B.1754 - "Classification of risks" defined.
NRS 686B.1755 - "Expenses" defined.
NRS 686B.1757 - "Industrial insurance" defined.
NRS 686B.1759 - "Insurer" defined.
NRS 686B.17595 - "Large-deductible agreement" defined.
NRS 686B.176 - "Plan for rating experience" defined.
NRS 686B.17605 - "Prospective loss cost" defined.
NRS 686B.1761 - "Rate" defined.
NRS 686B.1762 - "Willful" defined.
NRS 686B.1763 - Applicability of provisions; Commissioner required to administer provisions.
NRS 686B.1764 - Designation as statistical agent; duties.
NRS 686B.1767 - Prohibited acts by advisory organization.
NRS 686B.1769 - Uniform Plan for Rating Experience: Requirements; use.
NRS 686B.177 - Rating information to be filed with Commissioner; approval of rates.
NRS 686B.1779 - Disapproval of rates: Authority of Commissioner; required grounds.
NRS 686B.1785 - Request for reconsideration of rates by Advisory Organization or insurer; appeal.
NRS 686B.1786 - Large-deductible agreements: Applicability.
NRS 686B.1789 - Provisions governing hearing.
NRS 686B.179 - Revocation or suspension of license.
NRS 686B.180 - Unavailability of essential coverage; plans for providing coverage; regulations.
NRS 686B.185 - Immunity of Commissioner and association.
NRS 686B.200 - Voluntary plan for sharing risks: Submission to and approval by Commissioner.
NRS 686B.230 - Nevada Essential Insurance Association: General powers.
NRS 686B.240 - Nevada Essential Insurance Association: Powers of Commissioner and Association.
NRS 686B.250 - Nevada Essential Insurance Association: Immunity from liability.
NRS 686B.260 - Conversion into domestic stock insurer: "Insured" defined.
NRS 686B.290 - Conversion into domestic stock insurer: Notice to insurers and insureds; hearing.
NRS 686B.310 - Conversion into domestic stock insurer: Capitalization.
NRS 686B.320 - Conversion into domestic stock insurer: Issuance of certificate of authority.