Regulation of Rating Laws-Archived

May, 2004

State-By-State Summary

Summary: Each state regulates insurers' rates in different ways. Some require prior approval of rates, while others employ a file-and-use system. Under this type of system, an insurer may use its rates as soon as they are filed. Other states use a subsequent disapproval system with a deemer period. Under such a system, rates are automatically approved if they are not disapproved within a certain period of time (the deemer period). Still other states have open rating laws, with no control. Citations to the states' codes appear in parentheses below the state name.

Alabama

(27-13-30)

If rates are not disapproved within thirty days after filing, they are deemed approved.

Alaska

(21.39.040)

Each filing has a waiting period of fifteen days, which may be extended by the director for another fifteen days. If the rates are not disapproved within this period, they are deemed approved.

Arizona

(20-357)

A rate filing must be on file for a waiting period of thirty days, prior to becoming effective. If requested by the insurer or the rating organization, the director may authorize a filing to become effective prior to the end of the waiting period.

Arkansas

(23-67-211)

The commissioner may decide if a particular market is competitive or noncompetitive. If the market is competitive, rates must be filed twenty days prior to their effective date. However, if the commissioner determines that an insurer's rates require supervision, the insurer must file documentation for the rate change sixty days prior to the effective date. If not disapproved, the rates become effective at the end of sixty days or earlier if the commissioner orders.

If the market is noncompetitive, rates must be filed at least sixty days prior to their effective date. If not disapproved within that sixty day period, the rates are deemed approved.

California

(Insurance Code, 1861.05)

An application for a rate change is deemed approved sixty days after the commissioner gives public notice of the filing, except under the following circumstances:

1.     A consumer requests a hearing within forty-five days of the public notice. If the commissioner does not grant the hearing, a written explanation of the denial must be issued.

2.     The commissioner decides to hold a hearing.

3.     The rate increase is more than 7 percent for personal lines, or 15 percent for commercial lines.

In all cases, a rate change is deemed approved 180 days after it is received by the commissioner unless it is disapproved by final order of the commissioner or extraordinary circumstances exist.

Colorado

(10-4-406)

Rate filings are put on file for public inspection for fifteen days. If they are not disapproved in that fifteen day period, they are deemed approved.

Connecticut

(38a-676,688)

An insurer must file commercial lines rates with the commissioner. Workers compensation or employers liability rates must be filed them thirty days prior to the effective date. If the rates are not disapproved within that thirty-day period, they may be used. The commissioner may extend the waiting period by thirty days.

In personal lines, the commissioner is to decide if the market is competitive or noncompetitive. If the market is competitive, then the insurer must file its rates (rating bureaus are not allowed) by the effective date (or by the date that bills reflecting the new rates are sent to insureds). If the Commissioner finds that the insurer's financial condition warrants supervision or that unfair rating practices are used, rates must be filed thirty days prior to their effective date.

In a noncompetitive market, the insurer must wait thirty days before using new rates. The commissioner may extend that period by another thirty days.

In any line where a particular insurer's share of the market is less than .5 percent, a company may file another company's rates, with or without deviation.

Delaware

(18-2504, 2506)

Rates must be filed ninety days prior to their effective date. The insurance commissioner has forty-five days in which to disapprove a filing.

District of Columbia

(31-2704)

All lines of insurance require prior approval of rates.

Florida

(627.062)

Rates must be filed ninety days prior to their effective date. If they are not disapproved within that ninety day period, they are deemed approved.

Georgia

(33-9-21)

Rates must be filed forty-five days prior to their effective date. The commissioner may extend this period by another fifty-five days.

If the overall increase is 10 percent or more within any twelve-month period, the commissioner may order an examination. The proposed rates may not be used until the examination is complete. The examination may be waived if the overall increase is less than 25 percent within a twelve-month period. The examination must be completed in ninety days, but the commissioner may extend that period for an additional sixty days.

Hawaii

(431:14-104)

All rates must be filed for a waiting period of thirty days prior to their effective date. That period may be extended by the commissioner for fifteen days. If the rates are not disapproved, they are deemed approved.

Idaho

(41-1402, -1432)

Idaho uses an open competition rating system unless the director believes there is noncompliance with rate standards. The director must notify a company of such noncompliance and require correction in no less than ten days.

Illinois

(215 ILCS 5/457)

Illinois uses an open competition rating system for all lines except workers compensation. In that line, rates must be filed within thirty days of becoming effective. The director then has thirty days to disapprove.

Indiana

(27-1-22-4)

All rates must be filed and become effective on the date filed.

Iowa

(515F.5, 515F.24)

Rates must be filed thirty days prior to their effective date. That period may be extended by the commissioner for one additional fifteen-day period. All forms of casualty insurance, except reinsurance, accident and health, inland marine, workers compensation, surplus lines, and insurance written by community or state mutual associations filed in a competitive market become effective when filed.

Kansas

(40-955)

Rates are deemed approved if not disapproved within thirty days of receipt by the commissioner.

Kentucky

(304.13-051)

In a competitive market, rates must be filed no later than fifteen days after their first use. However, if the commissioner finds that the rates need closer supervision due to the financial condition of the insurer, rates must be filed thirty days prior to their effective date.

In a noncompetitive market, rates must be filed thirty days prior to their effective date.

Any increase or decrease of more than 25 percent within a twelve month period is not effective until approved by the commissioner.

Louisiana

(22:1407)

Rates are deemed approved if not disapproved within forty-five days of filing.

Maine

(Tit. 24-A, 2304-A)

Rates must be filed thirty days prior to their effective date. The superintendent may suspend the effective date for up to sixty days.

Maryland

(Insurance 11-206)

Rates are deemed approved if not disapproved within thirty days of filing. The waiting period may be extended once for thirty days.

Massachusetts

(175A,6)

Rates must be filed fifteen days prior to their effective date. The waiting period may be extended by thirty days.

Michigan

(500.2408)

Rates must be filed fifteen days prior to their effective date. The waiting period may be extended one additional period of fifteen days.

Minnesota

(70A.06)

Rates must be filed by the effective date. If the change is 25 percent or more in a twelve-month period, the commissioner may hold a hearing.

Mississippi

(83-2-7)

Rates must be filed thirty days prior to their effective date. The commissioner may issue a  thirty day delay order.

Missouri

(379.321)

Rates, except for commercial property and casualty insurance, must be filed within ten days after their effective date. Any changes made to a filing in the first six months must be approved or disapproved by the commissioner within ten days.

Commercial property and casualty rates are filed for informational purposes only and are not reviewed or approved by the department of insurance. If an insurer renews a commercial property or casualty policy with a premium increase of 25 percent or more, a notice must be mailed or delivered by the insurer at least sixty days before the policy expiration date, thirty days for umbrella or excess policies.

Montana

(33-16-203)

Montana has an open competition rating law. The only requirement is that rates be filed with the commissioner.

Nebraska

(44-7508)

Rates are deemed approved if not disapproved within thirty days of filing. That period may be extended by the commissioner for another thirty days.

Nevada

(686B.070, .110)

Rates are deemed approved if not disapproved within sixty days of filing.

New Hampshire

(414:5)

In a competitive market, rates for personal and commercial lines (except large commercial policyholders) must be filed thirty days prior to their effective date. In noncompetitive markets, there is a thirty day waiting period, which the commissioner may extend up to thirty additional days.

New Jersey

(17:29A-14)

Rates are subject to prior approval by the commissioner.

New Mexico

(59A-17-9)

Rates must be filed sixty days prior to their effective date. If they are not disapproved within that period, they are deemed approved.

New York

(Insurance Code, 2305)

Rates must be filed thirty days prior to their effective date. The waiting period may be extended by thirty days.

North Carolina

(58-40-30; 58-40-45)

Rates may be used when filed. However, the commissioner has thirty days to hold a hearing, reject a filing, and order a refund.

North Dakota

(26.1-25-04)

Rates are deemed approved if not disapproved within sixty days. The waiting period may be extended by fifteen days.

Ohio

(3935.04)

Ohio uses a file and use system with a thirty-day waiting period.

Oklahoma

36-903)

Rates are deemed approved if not disapproved within thirty days.

Oregon

(737.320)

Commercial liability rates are deemed approved if not disapproved within thirty days. All other rates are effective when filed.

Pennsylvania

(75-2003)

Motor vehicle rates are deemed approved if not disapproved within sixty days. That period may be extended for thirty days. However, if a consumer requests a hearing by the commissioner after the waiting period, the commissioner may grant the request. If at that hearing it is determined that the rates do not meet the standards, the commissioner may issue an order that they are no longer effective. However, such an order does not affect policies already in force.

Rates for all other lines are subject to a thirty-day waiting period, which may be extended for one thirty-day period.

Rhode Island

(27-6-8, 27-6-11)

Rates are deemed approved if not disapproved within thirty days. The waiting period may be extended by thirty days.

South Carolina

(38-73-960)

Rates are deemed approved if not disapproved within sixty days of being filed. The waiting period may be extended by sixty days.

South Dakota

(58-24-10.2)

Rates are deemed approved if not disapproved within thirty days. The waiting period may be extended by thirty days.

Tennessee

(56-5-305, 306)

For personal lines, rates are deemed approved if not disapproved within thirty days. The waiting period may be extended by thirty days.

Commercial lines rates (except workers compensation) must be filed within twenty days after their effective date.

Workers compensation rates must be filed thirty days prior to their effective date and the commissioner must rule on them as soon as reasonably possible.

Texas

(Insurance Code, 5.15, 5.53)

Rates are deemed approved if not disapproved within sixty days. The waiting period may be extended by sixty days.

Utah

(31A-19.203, 207)

Rates for all lines (except workers compensation) must be filed within thirty days after their effective date. The commissioner has ten days to disapprove the new rates.

For workers compensation, rates are deemed approved if not disapproved within fifteen days.

Vermont

(T.8, 4687, 4688)

For workers compensation, rates are to be developed only by the designated advisory or service organization. They are then deemed approved if not disapproved within thirty days. The waiting period may be extended for thirty days.

If a competitive market (as defined by the commissioner) exists for a line of insurance, those rates must be filed no later than fifteen days after their effective date.

In a noncompetitive market, rates must be filed thirty days prior to their effective date. That period may be extended one time for thirty days. If the rates are not disapproved within that time, they are deemed approved.

Virginia

(38.2—1906 , 1912)

Insurers may file and use their rates immediately. However, the commissioner has up to one year to review the rates.

Washington

(48-19.060)

Rates are deemed approved if not disapproved within thirty days. That waiting period may be extended for fifteen days.

West Virginia

(33-20-4)

Rates are deemed approved if not disapproved within sixty days.

Wisconsin

(625.13)

All rates must be filed within thirty days after becoming effective.

Wyoming

(26-14-107, 108)

In a competitive market, insurers must maintain rate information and make it available to the commissioner upon request.

In a noncompetitive market, rates are deemed approved if not disapproved within thirty days of filing. That period may be extended for up to thirty days.