§ 36-985. Ratemaking standards.

Ratemaking Standards.

A.  A rate may not be excessive, inadequate or unfairly discriminatory.

1.  No rate in a competitive market may be determined to be excessive.  A rate in a noncompetitive market may be determined to be excessive if it is likely to produce a profit that is unreasonably high for the insurance provided.

2.  A rate may not be determined to be inadequate unless:

a.the rate is clearly insufficient to sustain projected losses, expenses and special assessments, and

b.the rate is unreasonably low and use of the rate by the insurer has tended or, if continued, will tend to create a monopoly in the market.

3.  Unfair discrimination may be determined to exist if, after allowing for practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses.  A rate may not be determined to be unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense levels, or like expenses but different loss exposures, or if it averaged broadly among persons insured within a group, franchise or blanket policy or a mass-marketed plan.  No rate in a competitive market shall be considered unfairly discriminatory unless it classifies risk on the basis of race, color, creed, or national origin.

B.  In determining whether rates in a noncompetitive market are excessive, inadequate, or unfairly discriminatory, due consideration may be given to:

1.  Past and prospective loss experience within and outside this state, in accordance with accepted actuarial principles;

2.  Conflagration and catastrophe hazards;

3.  A reasonable margin for underwriting profit and contingencies;

4.  Loadings for leveling premium rates over time for dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers;

5.  Past and prospective expenses both countrywide and those specially applicable to this state; and

6.  Provisions for special assessments; and to all other relevant factors including judgment within and outside this state.

C.  Risks may be grouped by classifications for the establishment of rates and minimum premiums.  Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both.  Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.  No risk classification however, may be based on race, creed, national origin, or the religion of the insured.

D.  The expense provisions included in the rates for use by an insurer or group of insurers may differ from those of any other insurer or group of insurers to reflect the requirements of the operating methods of the insurer or group of insurers.

E.  The rates may contain provision for contingencies and an allowance permitting a reasonable profit.  In determining the reasonableness of the profit, consideration shall be given to the investment income attributable to the line of insurance.

F.  Risks may be classified in any way except that no risk may be classified on the basis of race, color, creed, or national origin.

Added by Laws 1999, c. 83, § 5, eff. Nov. 1, 1999.  Amended by Laws 2004, c. 519, § 16, eff. Nov. 1, 2004.