§ 27-30-7 - Filing, approval, and withdrawal of forms. [Effective until February 11, 2010.].
SECTION 27-30-7
§ 27-30-7 Filing, approval, and withdrawalof forms. [Effective until February 11, 2010.]. (a) Forms of all policies, certificates of insurance, notices of proposedinsurance, applications for insurance, endorsements, and riders delivered inthis state shall be filed with the commissioner. No policy, certificate ofinsurance, notice of proposed insurance, nor any application, endorsement, orrider, shall be issued or used until the expiration of thirty (30) days afterthe form for it has been filed, unless the commissioner shall give his or herprior written approval to it.
(b) The commissioner may, within thirty (30) days after thefiling of forms of any policy, certificate of insurance, notice of proposedinsurance, application for insurance, endorsement, and rider, disapprove anyform if the table of premium rates charged or to be charged appears byreasonable assumptions to be excessive in relation to benefits, or if itcontains provisions which are unjust, unfair, inequitable, misleading,deceptive or encourage misrepresentation of the coverage, or are contrary toany provision of the general laws or public laws of this state relating toinsurance.
(c) If the commissioner notifies the insurer that the form isdisapproved, it is unlawful after this for the insurer to issue or use theform. In the notice, the commissioner shall specify the reason for his or herdisapproval and state that a hearing will be granted within twenty (20) daysafter request in writing by the insurer.
(d) The commissioner may, at any time after a hearing, heldnot less than twenty (20) days after written notice to the insurer, withdrawhis or her approval of any form on any ground set forth in subsection (b) ofthis section. The written notice of the hearing shall state the reasons for theproposed withdrawal.
(e) It is not lawful for the insurer to issue forms or usethem after the effective date of the withdrawal.
(f) Any order or final determination of the commissionerunder the provisions of this section shall be subject to judicial review.