58-40-100. Request for review of rate, rating plan, rating system or underwriting rule.
(a) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or statistical organization may request the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded him. Such request may be made by his authorized representative, and shall be in writing. If the request is not granted within 30 days after it is made, the requestor may treat it as rejected. Any person aggrieved by the action of an insurer or statistical organization in refusing the review requested or in failing or refusing to grant all or part of the relief requested, may file a written complaint and request for hearing with the Commissioner, and shall specify the grounds relied upon. If the Commissioner has information concerning a similar complaint he may deny the hearing. If the Commissioner believes that probable cause for the complaint does not exist or that the complaint is not made in good faith, he shall deny the hearing. If the Commissioner finds that the complaint charges a violation of this Article and that the complainant would be aggrieved if the violation is proven, he shall proceed as provided in G.S. 58-2-50 or 58-2-70.
(b) Repealed by Session Laws 1985 (Regular Session, 1986), c. 1027, s. 15. (1977, c. 828, s. 2; 1985, c. 733, s. 3; 1985 (Reg. Sess., 1986), c. 1027, s. 15; 1987, c. 441, s. 13; 2005-210, s. 14.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 40 - Regulation of Insurance Rates.
§ 58-40-10 - Other definitions.
§ 58-40-15 - Scope of application.
§ 58-40-30 - Filing of rates and supporting data.
§ 58-40-35 - Filing open to inspection.
§ 58-40-40 - Delegation of rate making and rate filing obligation.
§ 58-40-45 - Disapproval of rates; interim use of rates.
§ 58-40-50 - Statistical organizations.
§ 58-40-60 - Joint underwriting and joint reinsurance organizations.
§ 58-40-65 - Insurers authorized to act in concert.
§ 58-40-75 - Agreements to adhere.
§ 58-40-85 - Recording and reporting of experience.
§ 58-40-90 - Examination of rating, joint underwriting, and joint reinsurance organizations.
§ 58-40-95 - Apportionment agreements among insurers.
§ 58-40-100 - Request for review of rate, rating plan, rating system or underwriting rule.
§ 58-40-105 - Hearing and judicial review.
§ 58-40-110 - Suspension of license.
§ 58-40-115 - Existing rates, rating systems, territories, classifications and policy forms.
§ 58-40-120 - Payment of dividends not prohibited or regulated; plan for payment into rating system.
§ 58-40-130 - Financial disclosure; rate modifications; reporting requirements.
§ 58-40-135 - Good faith immunity for operation of market assistance programs.