Oklahoma § 36-987 - Rate filings

§ 36-987. Rate filings

Rate Filings.

A. In a competitive market, every insurer shall file with the

Commissioner all rates and supplementary rate information to be used

in this state no later than thirty (30) days after the effective

date; provided, that the rates and supplementary rate information

Oklahoma Statutes - Title 36. Insurance

need not be filed for commercial risks, which by general custom are

not written according to manual rules or rating plans.

B. In a noncompetitive market, every insurer shall file with

the Commissioner all rates, supplementary rate information and

supporting information at least thirty (30) days before the proposed

effective date. The Commissioner may give written notice, within

thirty (30) days of receipt of the filing, that the Commissioner

needs additional time, not to exceed thirty (30) days from the date

of the notice to consider the filing. Upon written application of

the insurer, the Commissioner may authorize rates to be effective

before the expiration of the waiting period or an extension thereof.

A filing shall be deemed to meet the requirements of the Property

and Casualty Competitive Loss Cost Rating Act and to become

effective unless disapproved pursuant to this title by the

Commissioner before the expiration of the waiting period or an

extension thereof.

In a noncompetitive market, the filing shall be deemed in

compliance with the filing provision of this section unless the

Commissioner informs the insurer within ten (10) days after receipt

of the filings as to what supplementary rate information or

supporting information is required to complete the filing.

C. Every authorized insurer shall file with the Commissioner,

except as to rates for those lines of insurance exempted from the

provisions of the Property and Casualty Competitive Loss Cost Rating

Act by the Commissioner under subsections E and F of this section

and except for those risks designated as special risks under Section

997 of this title, all rates, supplementary rate information and any

changes and amendments which it proposes to use. An insurer may

file its rates by either filing its final rates or by filing a

multiplier and, if applicable, an expense constant adjustment to be

applied to prospective loss costs that have been filed by an

advisory organization as permitted by this title. Such loss cost

multiplier filing and expense constant filings made by insurers

shall remain in effect until amended or withdrawn by the insurer.

Every filing shall state the effective date.

D. Under rules as may be adopted, the Commissioner 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.

E. Notwithstanding any other provision of the Property and

Casualty Competitive Loss Cost Rating Act, upon the written consent

of the insured in a separate written document, a rate in excess of

that determined in accordance with the other provisions of the

Property and Casualty Competitive Loss Cost Rating Act may be used

on a specific risk.

F. A filing and any supporting information required to be filed

shall be open to public inspection once the filing becomes effective

Oklahoma Statutes - Title 36. Insurance

except information marked confidential, trade secret, or proprietary

by the insurer or filer and except the filings of an advisory

organization which shall be open to public inspection upon the

received date of the rate, loss cost, or manual rule change. The

insurer or filer shall have the burden of asserting to the

Commissioner that a filing and supporting information are

confidential, upon the request of the Commissioner. The

Commissioner may disapprove of the insurer’s request for

confidential filing status.

Added by Laws 1999, c. 83, § 7, eff. Nov. 1, 1999. Amended by Laws

2004, c. 519, § 19, eff. Nov. 1, 2004; Laws 2005, c. 129, § 7, eff.

Nov. 1, 2005; Laws 2007, c. 125, § 2, eff. July 1, 2007; Laws 2008,

c. 184, § 7, eff. July 1, 2008.