§ 27-6-8.1. Rating for nonbusiness policies.
(a) Notwithstanding the requirements of § 27-6-8, a filing made by an insurer under this section that provides for an overall statewide rate increase or decrease of no more than five percent (5%) in the aggregate for all coverages that are subject to the filing may take effect the date it is filed. The five percent (5%) limitation does not apply on an individual insured basis. No more than one rate filing may be made by an insurer pursuant to the expedited process provided in this subsection during any twelve (12) month period, unless a rate filing, when combined with any other rate filing or filings made by an insurer within the preceding twelve (12) months, does not result in an overall statewide increase or decrease of more than five percent (5%) in the aggregate for all coverages that are subject to the filing.
(b) Rate filings falling outside of the limitation provided for in subsection (a) of this section shall be subject to § 27-6-11, unless those filings are other exempt from those provisions pursuant to another section of the insurance code.
(c) A filing submitted pursuant to subsection (a) of this section is considered to comply with state law. However, if the commissioner of insurance determines that the filing is inadequate or unfairly discriminatory, he/she shall issue a written order specifying in detail the provisions of the insurance code the insurer has violated and the reasons the filing is inadequate or unfairly discriminatory and stating a reasonable future date on which the filing is to be considered no longer effective. An order by the commissioner pursuant to this subsection that is issued more than thirty (30) days from the date on which the commissioner received the rate filing is prospective only and does not affect any contract issued or made before the effective date of the order. For purposes of this act, “unfairly discriminatory” means a rate for a risk that is classified in whole or in part on the basis of race, color, creed or national origin.
(d) No rate increase within the limitation specified in subsection (a) of this section may be implemented with regard to an individual existing policy, unless the increase is applied at the time of a renewal or conditional renewal of an existing policy and the insurer, at least thirty (30) days in advance of the end of the insured’s policy period, mails or delivers to the named insured, at the address shown in the policy, a written notice that clearly and conspicuously discloses its intention to change the rate. A notice of renewal or conditional renewal that clearly and conspicuously discloses the renewal premium applicable to the policy shall be deemed to be in compliance with this subsection.
History of Section.P.L. 2004, ch. 481, § 2.
Structure Rhode Island General Laws
Chapter 27-6 - Fire and Marine Insurance Rating
Section 27-6-2. - Applicability.
Section 27-6-3. - Insurers to which chapter applicable — Election between applicable laws.
Section 27-6-4. - Considerations in rate making.
Section 27-6-5. - Uniformity of rates.
Section 27-6-6. - Contracts as to commissions or compensation.
Section 27-6-6.1. - Approval of policies.
Section 27-6-7. - Use of rates.
Section 27-6-8. - Filing of rate schedules and plans.
Section 27-6-8.1. - Rating for nonbusiness policies.
Section 27-6-8.2. - Premium reduction for fire code safety prevention.
Section 27-6-9. - Filings by rating organizations.
Section 27-6-10. - Review of filings.
Section 27-6-11. - Waiting period — Effective date of filings.
Section 27-6-12. - Effective date of inland marine rates.
Section 27-6-13. - Suspension or modification of requirements — Examinations as to fairness.
Section 27-6-14. - Rates on specific risks exceeding filed rates.
Section 27-6-15. - Compliance with rate filings required.
Section 27-6-16. - Review of rates not provided for by filings.
Section 27-6-17. - Notice of disapproval within waiting period.
Section 27-6-18. - Disapproval of specific inland marine rates.
Section 27-6-21. - Competitive rates as evidence of fairness — Profit as evidence of adequacy.
Section 27-6-22. - Filed schedules and plans not to be disapproved if rates meet requirements.
Section 27-6-23. - Licensing of rating organizations.
Section 27-6-24. - Admission of and services to subscribers.
Section 27-6-27. - Examination of policies and records by rating organizations.
Section 27-6-28. - Actuarial and technical services furnished by rating organizations.
Section 27-6-29. - Adherence to rating organization filings — Deviation filings.
Section 27-6-30. - Appeals from action of rating organization on changes in filings.
Section 27-6-31. - Rate information furnished to insured.
Section 27-6-32. - Review of application of rating system to insured.
Section 27-6-33. - “Advisory organization” defined.
Section 27-6-34. - Documents filed by advisory organizations.
Section 27-6-35. - Unlawful practices of advisory organizations.
Section 27-6-36. - Use of information from noncomplying advisory organization.
Section 27-6-37. - Provisions applicable to joint underwriting and reinsurance.
Section 27-6-38. - Unlawful practices of joint underwriters or reinsurers.
Section 27-6-40. - Reports on examinations — Hearing and filing.
Section 27-6-41. - Collection and compilation of experience statistics.
Section 27-6-42. - Interchange of rating plan data.
Section 27-6-43. - Cooperation with other states.
Section 27-6-44. - Rules and regulations.
Section 27-6-45. - False or misleading information.
Section 27-6-46. - [Repealed.]
Section 27-6-47. - Penalty for violations.
Section 27-6-48. - Suspension or revocation of licenses.
Section 27-6-49. - Hearings on decisions of commissioner.
Section 27-6-50. - Pleadings and evidence at hearings.
Section 27-6-51. - Judicial review of orders and decisions.