Every subscribing member of a rating organization shall adhere to the filings made on his behalf by such organization, except that any such insurer may make written application to the Commissioner for permission to file a uniform percentage deviation to be applied to the premiums produced by the rating system filed by such rating organization for a kind of insurance or for a class of insurance which is found by the Commissioner to be a proper rating unit for the application of such deviation, or for a subdivision of a class of insurance:
(1) Comprised of a group of classifications by rate manual which is treated as a separate unit for rate-making purposes, or
(2) for which separate expense provisions have been included in the filings of the rating organization.
The application must specify the basis for the modification, and a copy of said application shall be sent simultaneously to the rating organization.
In considering the application for permission to file such deviation, the Commissioner shall give consideration to the available statistics and the rate-making principles as provided in § 1204 of this title. The Commissioner shall issue an order permitting the deviation for such insurer to be filed, unless he finds that the resulting premiums would be excessive, inadequate, or unfairly discriminatory.
Each deviation permitted to be filed shall be in effect until terminated, with the approval of the Commissioner.
History —Ins. Code § 12.140; June 4, 1983, No. 89, p. 211, § 4.