Home Table of Contents

§ 710-11. Disapproval after use

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. Insurance

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article V-a. Property and Casualty Filing Reform (Refs & Annos)
40 P.S. § 710-11
§ 710-11. Disapproval after use
Currentness
(a) Any form or rate filed and used after the expiration of the appropriate review period under this article may be subsequently disapproved. The commissioner shall notify the insurer of the disapproval in writing and shall provide the opportunity for a hearing as provided in 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
(b) If following a hearing the commissioner finds that a form in use should be disapproved, the commissioner may order its use to be discontinued for any policy issued or reviewed after a date specified in the order.
(c) If following a hearing the commissioner finds that a rate in use should be disapproved, the commissioner may order its use to be discontinued for any policy issued or renewed after a date specified in the order. The commissioner may reinstate the last approved rate on file with the department or specify interim rates.
(d) Pending a hearing, the commissioner may order the suspension of use of any form filed if the commissioner has reasonable cause to believe all of the following:
(1) The form is contrary to applicable law or regulations.
(2) The insured will suffer substantial harm if the form is not suspended.
(3) The harm the insured will suffer outweighs any hardship the insurer will suffer by the suspension for the use of the form.
(4) The suspension order will result in no harm to the public.
(e) Pending a hearing, the commissioner may order suspension of use of a rate filed and reinstate the last previous rate in effect or specify interim rates if none has been previously approved if the commissioner has reasonable cause to believe that:
(1) the rate is excessive, inadequate or unfairly discriminatory;
(2) unless a suspension order is issued, insureds will suffer substantial harm;
(3) the harm insureds will suffer outweighs any hardship the insurer will suffer by the suspension of the use of the form; and
(4) the suspension order will result in no harm to the public.

Credits

1921, May 17, P.L. 682, No. 284, art. V-A, § 511-A, added 1998, Dec. 21, P.L. 1108, No. 150, § 3, effective in 60 days.
40 P.S. § 710-11, PA ST 40 P.S. § 710-11
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document