Section 910-39 - Making of rates(a) n making rates, due consideration shall be given to past and prospective loss experience, to exposure to loss, to underwriting practice and judgment, to the extent appropriate, to past and prospective expenses, including commissions paid to agents, the expenses incurred by title insurance companies, to a reasonable margin for profit and contingencies, and to all other relevant factors both within and outside of this Commonwealth.(b) Rates shall not be inadequate or unfairly discriminatory, nor shall rates be excessive; that is, such as to permit title insurance companies to earn a greater profit, after payment of all taxes upon all income, than is necessary to enable them to earn over the years sufficient amounts to pay their actual expenses and losses arising in the conduct of their title insurance business, including commissions paid and the actual costs of maintaining a title plant, plus a reasonable profit.(c) In ascertaining the estimated future earnings of title insurance companies, the commissioner shall utilize a properly weighted cross section of title insurance companies operating in this Commonwealth representative of the average of normally efficiently operated title insurance companies including on a weighted basis, both title insurance companies having their own title plants, and those not operating upon the title plant system. In ascertaining what is a reasonable profit after payment of all taxes on such income, the commissioner shall give due consideration to the following matters: (1) The average rates of profit after payment of taxes on all income earned by other industry generally;(2) The desirability for stability of rate structure;(3) The necessity of insuring through growth in assets in times of high business activity, the financial solvency of title insurance companies in times of economic depression; and(4) The necessity for earning sufficient dividends on the stock of title insurance companies to induce capital to be invested in title insurance companies.(d) The systems of expense provisions and the amount of expense charged against each class of contract or policy may vary between title insurance companies. Rates may, in the discretion of any title insurance company, be less than the cost of performing the work in the case of smaller insurances, and the excess may be charged against the larger insurances without rendering the rates unfairly discriminatory.1921, May 17, P.L. 682, art. VII, § 739, added 1963, Aug. 14, P.L. 922, § 3. Amended 1995, Dec. 21, P.L. 714, No. 79, § 10, effective in 60 days.