Section 408-A:7 Filing, Approval and Withdrawal of Forms.
I. All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders shall be filed with the commissioner of the state in which the policy is issued.
II. The commissioner shall within 30 days after the filing of any such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders, disapprove any such form if the table of premium rates charged or to be charged appears by reasonable assumptions to be excessive in relation to benefits, or if it contains provisions which are unjust, unfair, inequitable, misleading, deceptive or encourage misrepresentation of the coverage, or are contrary to any provision of the insurance code or any rule or regulation promulgated thereunder.
III. If the commissioner notifies the insurer that the form is disapproved it is unlawful thereafter for such insurer to issue or use such form. In such notice, the commissioner shall specify the reason for his disapproval and state that a hearing will be granted within 20 days after request in writing by the insurer. No such policy, certificate of insurance, notice of proposed insurance, nor any application, endorsement or rider, shall be issued or used until the expiration of 30 days after it has been so filed, unless the commissioner shall give his prior written approval thereto.
IV. The commissioner may, at any time after a hearing held not less than 20 days after written notice to the insurer, withdraw his approval of any such form on any ground set forth in paragraph II above. The written notice of such hearing shall state the reason for the proposed withdrawal.
V. It is not lawful for the insurer to issue such forms or use them after the effective date of such withdrawal.
VI. Any order or final determination of the commissioner under the provisions of this section shall be subject to judicial review.
Source. 1959, 66:1, eff. June 22, 1959.