Section 2303. Standards for rates  


Latest version.
  • Rates shall not be excessive, inadequate,
      unfairly  discriminatory,  destructive  of competition or detrimental to
      the solvency of insurers. In determining whether rates comply  with  the
      foregoing  standards, the superintendent shall include all income earned
      by such insurer and  any  insurer  controlling  or  controlled  by  such
      insurer  or  under  common  control  by  or with such insurer on all its
      investments of any kind and wherever located. The  superintendent  shall
      further  determine  whether  any  component  of  such rates represent an
      effort on the part of the insurer to recover losses incurred in  another
      state  due to any referendum, law or regulation which requires a general
      reduction in rates for the kinds of insurance described in  section  two
      thousand  three  hundred  two  of  this article. Such a finding shall be
      deemed unfairly discriminatory for the purposes of this article.