31A-19a-201. Rate standards. (1) Rates may not be excessive, inadequate, or unfairly discriminatory. (2) (a) Rates are not excessive if a reasonable degree of price competition exists at the consumer level with respect to the class of business to which they apply. In determining whether a reasonable degree of price competition exists, the commissioner shall […]
31A-19a-202. Rating methods. (1) To determine whether rates comply with the standards under Section 31A-19a-201, the commissioner shall consider the: (a) criteria listed in Subsection (2); (b) classifications, if any, permitted under Subsection (3); (c) expenses described in Subsection (4); and (d) profits described in Subsection (5). (2) In determining rates the commissioner shall consider […]
31A-19a-203. Rate filings. (1) (a) Except as provided in Subsections (4) and (5), every authorized insurer and every rate service organization licensed under Section 31A-19a-301 that has been designated by any insurer for the filing of pure premium rates under Subsection 31A-19a-205(2) shall file with the commissioner the following for use in this state: (i) […]
31A-19a-204. Rates open to inspection. (1) Rates and supplementary rate information filed under this chapter shall be open to public inspection at any reasonable time. (2) The commissioner shall supply copies to any person on: (a) request; and (b) payment of a reasonable charge. Renumbered and Amended by Chapter 130, 1999 General Session
31A-19a-205. Delegation of rate making and rate filing obligation. (1) An insurer may: (a) itself establish rates and supplementary rate information for any market segment based on the factors in Section 31A-19a-202; or (b) use rates, pure premium rates, and supplementary rate information prepared by a rate service organization that the insurer selects, with: (i) […]
31A-19a-206. Disapproval of rates. (1) (a) Except for a conflict with the requirements of Section 31A-19a-201 or 31A-19a-202, the commissioner may disapprove a rate at any time that the rate directly conflicts with: (i) this title; or (ii) any rule made under this title. (b) The disapproval under Subsection (1)(a) shall: (i) be in writing; […]
31A-19a-207. Delayed effect of rates. (1) (a) The commissioner may by rule require that insurers in a market segment file with the commissioner any changes in rates or supplementary rate information at least 30 calendar days before they become effective if the commissioner finds, after a hearing, that in that market segment: (i) competition is […]
31A-19a-208. Special restrictions on individual insurers. (1) The commissioner may require by order that a particular insurer file any or all of its rates and supplementary rate information 30 calendar days prior to their effective date, if the commissioner finds, after a hearing, that to protect the interests of the insurer’s insureds and the public […]
Effective 5/12/2015 31A-19a-209. Special provisions for title insurance. (1) (a) (i) The Title and Escrow Commission shall adopt rules subject to Section 31A-2-404, establishing rate standards and rating methods for individual title insurance producers and agency title insurance producers. (ii) The commissioner shall determine compliance with rate standards and rating methods for title insurers, individual […]
31A-19a-210. Dividend and participating plans. (1) (a) This part does not prohibit the distribution by an insurer to a policyholder of any of the following allowed or returned by the insurer: (i) dividends; (ii) savings; or (iii) unabsorbed premium deposits. (b) Notwithstanding Subsection (1)(a), an insurer may not distribute dividends, savings, or unabsorbed premium deposits […]
31A-19a-211. Premium rate reduction for seniors — Motor vehicle accident prevention course — Curriculum — Certificate — Exception. (1) (a) Each rate, rating schedule, and rating manual for the liability, personal injury protection, and collision coverages of private passenger motor vehicle insurance policies submitted to or filed with the commissioner shall provide for an appropriate […]
31A-19a-212. Premium increases prohibited for certain claims or inquiries. (1) Each rate, rating schedule, and rating manual filed for personal lines insurance may not permit a premium increase due to: (a) a telephone call or other inquiry that does not result in the insured requesting the payment of a claim; or (b) a claim under […]
31A-19a-213. Joint underwriting. Notwithstanding Subsection 31A-19a-306(2)(a), insurers participating in joint underwriting associations or joint reinsurance pursuant to Section 31A-20-102 or other arrangements for risk sharing may in connection with such activity act in cooperation with each other in the making of one or more of the following: (1) rates; (2) rating systems; (3) policy forms; […]
31A-19a-214. Rating tiers. (1) An insurer may file with the commissioner a rate filing that provides for a program with more than one rate level in the same company or group of companies if: (a) the program is based, to the extent feasible, upon mutually exclusive underwriting rules per tier; (b) the underwriting rules are […]
31A-19a-215. False or misleading information. A person or organization may not: (1) willfully withhold from the commissioner, any rate service organization, or any insurer information that will affect the rates or premiums chargeable under this chapter; or (2) knowingly give false or misleading information to the commissioner, any rate service organization, or any insurer. Enacted […]
31A-19a-216. Charging of rates. An authorized insurer, licensed insurance producer, employee, other representative of an authorized insurer may not knowingly: (1) charge or demand a rate or receive a premium that departs from the rates, rating plans, classifications, schedules, rules, and standards in effect on behalf of the insurer; or (2) issue or make any […]
31A-19a-217. Grievance procedures. (1) (a) An insured affected by a rate may submit a written request for information to the rate service organization or insurer that made the rate. (b) The rate service organization or insurer shall answer a request made under Subsection (1)(a) within 45 calendar days from the date it received the request […]
31A-19a-218. Appeal from filing. (1) (a) A person aggrieved by a filing that is in effect may apply to the commissioner in writing for a hearing. (b) The application described under Subsection (1)(a) shall: (i) specify the grounds upon which the applicant intends to rely to establish the grievance; and (ii) state why the filing […]
