40 Pa. Stat. § 910-37

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 910-37 - Rate filing
(a) Every title insurance company shall file with the commissioner every manual of classifications, rules, plans, and schedules of fees and every modification of any of the foregoing relating to the rates which it proposes to use. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated.
(b) A title insurance company may satisfy its obligations to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings, and by authorizing the commissioner to accept such filings on its behalf.
(c) The commissioner shall make such review of the filings as may be necessary to carry out the provisions of this article.
(d) Subject to the provisions of subsections (f) and (g) of this section, each filing shall be on file for a period of thirty days before it becomes effective. The commissioner may, upon written notice given within such period to the person making the filing, extend such waiting period for an additional period, not to exceed thirty days to enable him to complete the review of the filing. Further extensions of such waiting period may also be made with the consent of the title insurance company or rating organization making the filing. Upon written application by the title insurance company or rating organization making the filing, the commissioner may authorize a filing or any part thereof which he has reviewed, to become effective before the expiration of the waiting period or any extension thereof.
(e) Except in the case of rates filed under subsections (f) and (g) of this section, a filing which has become effective shall be deemed to meet the requirements of this article.
(f) When the commissioner finds that any rate for a particular kind or class of risk cannot practicably be filed before it is used, or any contract or kind of title insurance, by reason of rarity or peculiar circumstances, does not lend itself to advance determination and filing of rates, he may, under such rules and regulations as he may prescribe, permit such rates to be used without a previous filing and waiting period.
(g) Upon the written consent of the insured stating his reasons therefor, filed with the commissioner, a rate in excess of that provided by a filing which might otherwise be deemed applicable may be used on any specific risk. The rate shall become effective when such consent is filed.
(h) Beginning ninety days after the effective date of this amendment, no title insurance company or agent of a title insurance company shall charge any fee for any policy or contract of title insurance except in accordance with filings or rates which are in effect for said title insurance company or such agent of a title insurance company as provided in this article, or in accordance with subsections (f) and (g) of this section.

40 P.S. § 910-37

1921, May 17, P.L. 682, art. VII, § 737, added 1963, Aug. 14, P.L. 922, § 3. Amended 1995, Dec. 21, P.L. 714, No. 79, § 10, effective in 60 days.