Section 2307. Rating classifications or territories; policy forms  


Latest version.
  • (a) No
      insurer or rate service organization shall use a  rating  classification
      or territory unless it has been filed with the superintendent and either
      he  has  approved  it,  or  ninety  days  have  elapsed  and  he has not
      disapproved it as unfairly discriminatory or violative of public policy.
        (b) Except as otherwise provided  herein,  no  policy  form  shall  be
      delivered  or  issued  for  delivery  unless  it has been filed with the
      superintendent and either he  has  approved  it,  or  thirty  days  have
      elapsed  and  he  has  not  disapproved it as misleading or violative of
      public policy. After notice and hearing to the insurer or  rate  service
      organization   which   submitted   a   policy  form  for  approval,  the
      superintendent may withdraw approval of such form on  finding  that  the
      use of such form is contrary to the legal requirements applicable at the
      time  of  withdrawal.  The  effective date of the withdrawal of approval
      shall be prescribed by the superintendent but shall  be  not  less  than
      ninety  days  after  notice of withdrawal. With regard to residual value
      insurance, policy forms and any amendments thereto shall be  filed  with
      the  superintendent  within thirty days of their use by the insurer. For
      purposes of this subsection, "residual value insurance" shall  have  the
      same  meaning  as set forth in paragraph twenty-two of subsection (a) of
      section one thousand one hundred  thirteen  of  this  chapter,  provided
      however,  for  the purposes of this subsection such insurance shall only
      be utilized for commercial purposes,  and  shall  not  include  personal
      lines  of  insurance  as  defined  in paragraph two of subsection (a) of
      section three thousand four hundred twenty-five of this chapter  or  any
      commercial  auto  insurance,  and,  provided further that applicants for
      such insurance  shall  sign  a  statement  that  the  applicant  has  an
      appropriate  level of knowledge and understanding of the use of residual
      value insurance.
        * (c) With respect to kinds of insurance or insurance  activities  the
      rates  for  which,  pursuant  to  subsection (a) of section two thousand
      three hundred five of this article, are not subject to  prior  approval,
      any  requirement  in  subsections  (a) and (b) of this section of filing
      with or prior approval by the superintendent may be waived by regulation
      adopted by the superintendent after a public hearing.
        * NB Expires July 1, 2011
        (d) All policy forms and rating classifications and territories  filed
      with  the superintendent shall be available for public inspection at the
      department.