§ 58-36-30. Deviations.
§ 58‑36‑30. Deviations.
(a) Except as permittedby G.S. 58‑36‑100 for workers' compensation loss costs filings, noinsurer and no officer, agent, or representative of an insurer shall knowinglyissue or deliver or knowingly permit the issuance or delivery of any policy ofinsurance in this State that does not conform to the rates, rating plans,classifications, schedules, rules and standards made and filed by the Bureau.An insurer may deviate from the rates promulgated by the Bureau if the insurerhas filed the proposed deviation with the Bureau and the Commissioner, if theproposed deviation is based on sound actuarial principles, and if the proposeddeviation is approved by the Commissioner. Amendments to deviations are subjectto the same requirements as initial filings. An insurer may terminate adeviation only if the deviation has been in effect for a period of six monthsbefore the effective date of the termination and the insurer notifies theCommissioner of the termination no later than 15 days before the effective dateof the termination.
(b) A rate in excess ofthat promulgated by the Bureau may be charged by an insurer on any specificrisk if the higher rate is charged in accordance with rules adopted by theCommissioner and with the knowledge and written consent of the insured. Theinsurer is not required to obtain the written consent of the insured on anyrenewal of or endorsement to the policy if the policy renewal or endorsementstates that the rates are greater than those rates that are applicable in theState of North Carolina. The insurer shall retain the signed consent form andother policy information for each insured and make this information availableto the Commissioner, upon request of the Commissioner. This subsection may beused to provide motor vehicle liability coverage limits above those requiredunder Article 9A of Chapter 20 of the General Statutes and above those cedableto the Facility under Article 37 of this Chapter to persons whose personalexcess liability insurance policies require that they maintain specific higherliability coverage limits. Any data obtained by the Commissioner under thissubsection is proprietary and confidential and is not a public record underG.S. 132‑1 or G.S. 58‑2‑100.
(c) Any approved rateunder subsection (b) of this section with respect to workers' compensation andemployers' liability insurance written in connection therewith shall befurnished to the Bureau.
(d) Notwithstanding anyother provision of law prohibiting insurance rate differentials based on age,with respect to nonfleet private passenger motor vehicle insurance under thejurisdiction of the Bureau, any member of the Bureau may apply for and use inthis State, subject to the Commissioner's approval, a downward deviation in therates for insureds who are 55 years of age or older. A member of the Bureau maycondition a deviation under this subsection or a deviation under subsection (a)of this section on the successful completion of a motor vehicle accidentprevention course that has been approved by the Commissioner of Motor Vehicles,as designated in the deviation. (1977, c. 828, s. 6; 1983, c. 162, ss. 1, 2; 1985, c.666, s. 1; 1987, c. 869, s. 1; 1993, c. 409, s. 25; 1995, c. 517, ss. 20, 21;1995 (Reg. Sess., 1996), c. 668, s. 1; 1999‑132, ss. 3.7, 3.8; 2001‑423,s. 1.)