Ohio § 3937.03

§ 3937.03.

(A)(1) Every insurer shall file with the superintendent of insurance every form of a policy,

endorsement, rider, manual of classifications, rules, and rates, every rating plan,

and every modification of any of them which it proposes to use.  Every such filing shall state any proposed effective date and indicate the character

and extent of the coverage contemplated.  When a filing is not accompanied by the information upon which the insurer supports

such filing, and the superintendent does not have sufficient information to determine

whether such filing complies with sections 3937.01 to 3937.17 of the Revised Code , the superintendent may require such insurer to furnish the information upon which

it supports such filing.  Any filing may be supported by the experience or judgment of the insurer or rating

organization making the filing, the experience of other insurers or rating organizations,

or any other factors which the insurer or rating organization considers relevant.  A filing and any supporting information shall be open to public inspection after

the filing becomes effective.  Trade secrets contained in any filing or in any supporting information shall not

be open to public inspection, are not a public record under section 149.43 of the Revised Code , and the release of such trade secrets is prohibited. (2) As used in division (A)(1) of this section, “trade secret” has the same meaning as

in section 1333.61 of the Revised Code . (B) An insurer may satisfy its obligation 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 superintendent to accept such filings on its behalf. Sections 3937.01 to 3937.17 of the Revised Code do not require an insurer to become a member of or a subscriber to any rating organization. (C)(1) For purposes of this division: (a) “ Commercial insurance ” means any commercial casualty or commercial liability insurance except sickness

and accident, fidelity and surety, and automobile insurance as defined in section 3937.30 of the Revised Code . (b) “ Personal lines coverage ” means any policy of insurance issued to a natural person for personal or family

protection, including, but not limited to, personal automobile, homeowner's, tenant's,

and personal umbrella liability coverages. (2) Except as provided in division (C)(3) of this section, each filing shall become effective

immediately upon its filing and is deemed to comply with such sections, unless disapproved

by the superintendent as provided in this section or section 3937.04 of the Revised Code . (3) Whenever the superintendent declares by rule pursuant to Chapter 119. of the Revised

Code that a degree of competition that will assure that rates are not excessive does

not exist in the market for a line of commercial insurance, or that the market is

conducted in a manner that may result in inadequate rates or be destructive of competition

or detrimental to solvency of insurers, the superintendent shall provide that every

filing that would result in an increase or decrease of rates for any coverages for

that line of commercial insurance shall be subject to this division.  Such filing shall be on file for a waiting period of thirty days before it becomes

effective, which period may be extended by the superintendent for one additional period

not to exceed fifteen days, if the superintendent gives written notice within such

initial waiting period to the insurer or rating bureau that the superintendent needs

such additional time for the consideration of such filing.  A filing is deemed to comply with sections 3937.04 to 3937.17 of the Revised Code unless disapproved by the superintendent within the waiting period or its extension.  Upon written application by such insurer or rating bureau, the superintendent may

authorize a filing that the superintendent has reviewed to become effective before

the expiration of the initial waiting period or its extension.  If, during the initial waiting period or extension, the superintendent finds the

filing to which sections 3937.04 to 3937.17 of the Revised Code apply does not comply with the sections, the superintendent shall disapprove the

filing by sending written notice to the person who made the filing, specifying therein

the reasons the filing fails to comply with the sections.  Upon notice of disapproval, the person who made such a filing may request a hearing

pursuant to section 3937.15 of the Revised Code . (4) In determining whether circumstances exist in a market for a line of commercial insurance

as required in division (C)(3) of this section, the superintendent shall consider

all relevant structural factors in determining the conditions of the market, including:

 the number of insurers actively engaged in providing coverage;  market shares;  changes

in market shares;  and ease of entry. (5) This division does not apply to any filings required under Chapter 3937. of the Revised

Code for personal lines coverage. (6) Any rule adopted by the superintendent under this division shall expire one year

after its issuance unless rescinded earlier or extended by rule adopted by the superintendent. (D) A special filing may be made with respect to a surety or guaranty bond required by

law, by court or executive order, or by order, rule, or regulation of a public body

not covered by a previous filing. (E) Special filings may be made at any time with respect to any individual or special

risks whose size, classification, degree of exposure to loss, previous loss experience,

or other relevant factors call for the exercise of sound underwriting judgment in

the promulgation of rates appropriate to such individual or special risks.  The superintendent may make such examination as the superintendent considers advisable

to ascertain whether such rates meet the standards set forth in division (D) of section 3937.02 of the Revised Code . (F) The superintendent may, by written order, suspend or modify the requirement of filing

as to any kind of insurance, subdivision, or combination thereof, or as to classes

of risks, the rates for which cannot practicably be filed before they are used.  Such orders shall be made known to insurers and rating organizations affected thereby.  The superintendent may make such examination as the superintendent considers advisable

to ascertain whether any rates affected by such order meet the standards set forth

in division (D) of section 3937.02 of the Revised Code . (G) Upon the written application of the insured, stating the insured's reasons therefor,

a rate in excess of that provided by a filing otherwise applicable may be used on

any specific risk. (H) A commercial insurance policy form or endorsement that is unique in character and

designed for a particular risk is exempt from filing, except that the superintendent

may, by regulation or order, prescribe specific restrictions relating to this exemption. (I) An insurer shall retain any insurance policy form, endorsement, or rate that is exempt

from filing under division (E), (F), (G), or (H) of this section and all supporting

documentation for not less than three years after the effective date of the exempt

policy form, endorsement, or rate.  Upon request of the superintendent during that period, the insurer shall make such

policy form, endorsement, or rate, and the supporting documentation available for

inspection by the superintendent. (J) No insurer shall make or issue a contract or policy except in accordance with filings

which are in effect for said insurer as provided in sections 3937.01 to 3937.17 of the Revised Code or in accordance with division (E), (F), (G), or (H) of this section.