58-40-30. Filing of rates and supporting data.
(a) With the exception of inland marine insurance that is not written according to manual rates and rating plans, every admitted insurer and every licensed statistical organization, which has been designated by any insurer for the filing of rates under G.S. 58-40-40, shall file with the Commissioner all rates and all changes and amendments thereto made by it for use in this State prior to the time they become effective.
(b) The Commissioner may require the filing of supporting data including:
(1) The experience and judgment of the filer, and to the extent the filer wishes or the Commissioner requires, of other insurers or rating organizations;
(2) The filer's interpretation of any statistical data relied upon; and
(3) Descriptions of the methods employed in setting the rates.
(c) Upon written consent of the insured stating the insured's reasons, a rate or deductible or both in excess of that provided by an otherwise applicable filing may be used on a specific risk, in accordance with rules adopted by the Commissioner. The insurer is not required to obtain the written consent of the insured on any renewal of or endorsement to the policy if the policy renewal or endorsement states that the rates or deductible, or both, are greater than those rates or deductibles, or both, that are applicable in the State of North Carolina. The insurer shall retain the signed consent form and other policy information for each insured and make this information available to the Commissioner, upon request of the Commissioner.
(d) This section and G.S. 58-41-50 shall be construed in pari materia. (1977, c. 828, s. 2; 1985 (Reg. Sess., 1986), c. 1027, s. 17; 1987, c. 441, s. 8; 1995 (Reg. Sess., 1996), c. 668, s. 2; 2005-210, s. 4.)
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.