58-40-40. Delegation of rate making and rate filing obligation.
(a) An insurer may itself establish rates based on the factors in G.S. 58-40-25 or it may use rates prepared by a statistical organization, with average expense factors determined by the statistical organization or with such modification for its own expense and loss experience as the credibility of that experience allows.
(b) An insurer may discharge its obligation under G.S. 58-40-30 by giving notice to the Commissioner that it uses rates prepared by a designated statistical organization, with such information about modifications thereof as are necessary to fully inform the Commissioner. The insurer's rates shall be those filed from time to time by the statistical organization, including any amendments thereto as filed, subject, however, to the modifications filed by the insurer. (1977, c. 828, s. 2; 2005-210, s. 5.)
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.