Arizona § 20-376 - Filing of title insurance rates; approval or disapproval

§ 20-376. Filing of title insurance rates; approval or disapproval

A. Every title insurer shall file with the director its schedules of fees, every manual of classifications, rules and plans pertaining thereto, and every modification of any of the foregoing that it proposes to use concerning its title insurance forms and products in this state.  Every filing shall include a proposed effective date and shall indicate the character and extent of the coverage or service contemplated.

B. A title insurer may satisfy its obligations to make filings by becoming a member of, or a subscriber to, a licensed title insurance rating organization that makes filings, and by authorizing the director to accept the rating organization's filings on its behalf. The filings may, at the option of the insurer, govern all of its or certain designated agents in this state.  The insurer may also elect to permit all or certain of its agents to make rate filings directly or to subscribe to a licensed title insurance rating organization that makes filings.

C. The director shall review the filings as necessary to carry out the provisions of this article.

D. Subject to the provisions of subsection F of this section, each filing shall be on file for a period of at least thirty days before it becomes effective.  The director may, on written notice given within the thirty day waiting period to the person making the filing, extend the waiting period for up to fifteen additional days, to enable the director to complete the review of the filing.  The director may grant further extensions of the waiting period only with the consent of the person making the filing. On written application by the person making the filing, the director may authorize all or part of a filing that has been reviewed to become effective before the expiration of the waiting period or any extension of the waiting period.

E. Except in the case of rates filed under subsection F, a filing that has become effective shall be deemed to meet the requirements of this article.

F. When the director finds that any rate for a particular kind or class of risk cannot practicably be filed before it is used, or that 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, the director may permit the rate to be used without a previous filing and waiting period.

G. The director shall not have the power to regulate, or require the filing of, rates or fees for reinsurance policies, contracts or agreements, for policies, contracts or agreements of excess coinsurance or for account servicing and subdivision trust services.