58-40-20. Rate standards.
(a) In order to serve the public interest, rates shall not be excessive, inadequate, or unfairly discriminatory.
(b), (c) Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 1027, s. 10.
(d) No rate is inadequate unless the rate is unreasonably low for the insurance provided and the use or continued use of the rate by the insurer has had or will have the effect of:
(1) Endangering the solvency of the insurer; or
(2) Destroying competition; or
(3) Creating a monopoly; or
(4) Violating actuarial principles, practices, or soundness.
(e) A rate is not unfairly discriminatory in relation to another in the same class if it reflects equitably the differences in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors, or like expense factors but different loss exposures, as 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. (1977, c. 828, s. 2; 1985 (Reg. Sess., 1986), c. 1027, ss. 9.1, 10, 11.)
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.