Section 2334. Non-commercial private passenger automobile insurance rates; merit rating plans  


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  • (a) The superintendent shall, after public  hearing,  promulgate  a  regulation,  which  may  be  amended  from  time to time,
      applicable to  non-commercial  private  passenger  automobile  insurance
      merit  rating plans which reflect an individual driver's experience with
      respect to accidents, claims or traffic violations. The regulation shall
      continue to encourage competition among insurers, but  shall  discourage
      merit  rating  plan  provisions  which  may  tend to create confusion or
      misunderstanding  among  insureds.  The   regulation   shall   establish
      standards and limitations intended to insure that merit rating plans are
      reasonable,   understandable   and   objective   and  are  not  unfairly
      discriminatory, inequitable, violative of  public  policy  or  otherwise
      contrary to the best interests of the people of this state.
        (b) Insurers shall review their merit rating plans which were approved
      by  the  superintendent  prior  to  the  promulgation  of the regulation
      required by this section and  shall,  before  November  first,  nineteen
      hundred  eighty-two,  file with the superintendent statements that their
      merit rating plans conform with  the  regulation,  or  file  appropriate
      amendments to their plans which will bring them into compliance with the
      standards of the regulation. Such amendments shall become effective upon
      approval by the superintendent.