Sec. 38a-672. (Formerly Sec. 38-201j). License required for rating organizations. Qualifications. Examination and investigation.
Sec. 38a-672. (Formerly Sec. 38-201j). License required for rating organizations. Qualifications. Examination and investigation. (a) No rating organization shall
conduct its operations in this state without first filing with the Insurance Commissioner
a written application for and securing a license to act as a rating organization. Any rating
organization may make application for and obtain a license as a rating organization if
it meets the requirements for license set forth herein. Every such rating organization
shall file with its application (1) a copy of its constitution, its articles of incorporation,
agreement or association and the bylaws, rules and regulations governing the conduct
of its business, all duly certified by the custodian of the originals thereof, (2) a list of
its members and subscribers, (3) the name and address of a resident of this state upon
whom notices or orders of said commissioner or process affecting such rating organization may be served, and (4) a statement of its qualifications as a rating organization.
The fee for filing an application for license as a rating organization shall be one hundred
dollars.
(b) To obtain and retain a license, a rating organization shall provide satisfactory
evidence to the Insurance Commissioner that it will: (1) Permit any admitted insurer to
become a member of or a subscriber to such rating organization at a reasonable cost
and without discrimination, or withdraw therefrom; (2) neither have nor adopt any rule
or exact any agreement, the effect of which would be to require any member or subscriber
as a condition to membership or subscribership, to adhere to its rates, rating plans, rating
systems, underwriting rules, or policy or bond forms; (3) neither adopt any rule nor
exact any agreement the effect of which would be to prohibit or regulate the payment
of dividends, savings or unabsorbed premium deposits allowed or returned by insurers
to their policyholders, members or subscribers; (4) neither practice nor sanction any
plan or act of boycott, coercion or intimidation; (5) neither enter into nor sanction any
contract or act by which any person is restrained from lawfully engaging in the insurance
business; (6) notify the Insurance Commissioner promptly of every change in its constitution, its articles of incorporation, agreement or association, and of its bylaws, rules
and regulations governing the conduct of its business, its list of members and subscribers
and the name and address of the resident of this state designated by it upon whom notices
or orders of said commissioner or process affecting such organization may be served;
(7) with respect to personal and commercial risk insurance, neither compile for nor
distribute to insurers generally, recommendations relating to rates that include profit,
general and other acquisition expenses, commission and brokerage, taxes or licenses
and fees, nor file rates, supplementary rate information or supporting information on
behalf of an insurer that includes profit, general and other acquisition expenses, commission and brokerage, taxes or licenses and fees, provided that the provisions of this subdivision may be waived by the Insurance Commissioner when it would be in the public
interest and shall not apply to residual markets; and (8) comply with the provisions of
section 38a-675. Any rating organization may, upon the request of any insurer, produce
rates for such insurer based upon such insurer's exposure, loss, expense and profit data.
The provisions of subdivision (7) shall be applicable to services rendered by insurance
rating and advisory organizations in relation to workers' compensation insurance on
and after October 1, 1989, and to other such services on and after July 1, 1990.
(c) The Insurance Commissioner shall examine each application for license to act
as a rating organization and the documents filed therewith and may make such further
investigation of the applicant, its affairs and its proposed plan of business, as he deems
desirable. Said commissioner shall issue the license applied for within sixty days next
succeeding its filing with him if from such examination and investigation he is satisfied
that: (1) The business reputation of the applicant and its officers is good; (2) the facilities
of the applicant are adequate to enable it to furnish the services it proposes to furnish;
and (3) the applicant and its proposed plan of operation conform to the requirements of
sections 38a-663 to 38a-681, inclusive. Otherwise, but only after hearing upon notice,
said commissioner shall in writing deny the application and notify the applicant of his
decision and his reasons therefor. Said commissioner may grant an application in part
only and issue a license to act as a rating organization for one or more of the classes of
insurance or subdivisions thereof or class of risk or a part or combination thereof as are
specified in the application if the applicant qualifies for only a portion of the classes
applied for. Licenses issued pursuant to this section shall remain in effect until revoked
as provided in sections 38a-663 to 38a-681, inclusive.
(d) Subject to the approval of the Insurance Commissioner licensed rating organizations may make reasonable rules governing eligibility for membership.
(e) If two or more insurers having a common ownership or operating in this state
under common management are admitted for the classes or types of insurance for which
a rating organization is licensed to make rates, the rating organization may require as a
condition to membership or subscribership of one or more that all such insurers shall
become members or subscribers.
(1969, P.A. 665, S. 10; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 308, 348; P.A. 81-472, S. 71, 159; P.A. 82-353, S.
7, 26; P.A. 89-65, S. 1.)
History: P.A. 77-614 placed insurance commissioner within the department of business regulation and made insurance
department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner
and division to prior independent status and abolished the department of business regulation; P.A. 81-472 made technical
corrections; P.A. 82-353 added new Subsec. (b)(7) re practices of rating organizations concerning private passenger nonfleet
auto and homeowners insurance, renumbering accordingly, and added provision allowing rating organization to produce
rates for insurer based on exposure, loss, expense and profit data, effective July 1, 1983; P.A. 89-65 amended Subsec. (b)
to prohibit rating organizations from including profit, acquisition expenses, commission and brokerage, taxes or licenses
and fees in personal and commercial risk insurance rates recommended to or filed on behalf of insurers; Sec. 38-201j
transferred to Sec. 38a-672 in 1991.
Annotation to former section 38-190:
Cited. 152 C. 612.