2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 515F - CASUALTY INSURANCE
515F.6 - DISAPPROVAL OF FILINGS.

        515F.6  DISAPPROVAL OF FILINGS.
         1.  If, within the waiting period or any extension of it as
      provided in section 515F.5, subsection 3, the commissioner finds that
      a filing does not meet the requirements of this chapter, written
      notice of disapproval shall be sent to the insurer or advisory
      organization which made the filing, specifying in what respects the
      filing fails to meet the requirements of this chapter and stating
      that the filing shall not become effective.  If a filing is
      disapproved by the commissioner, the insurer or advisory
      organization, may request a hearing on the disapproval within thirty
      days.  The insurer bears the burden of proving compliance with the
      standards established by this chapter.
         2.  If, at any time after a rate has been approved, the
      commissioner finds that the rate no longer meets the requirements of
      this chapter, the commissioner may order the discontinuance of use of
      the rate.  The order of discontinuance may be issued only after a
      hearing with at least ten days' prior notice for all insurers
      affected by the order.  The order must be in writing and state the
      grounds for the order.  The order shall state when, within a
      reasonable period after the order is issued, the order of
      discontinuance shall be effective.  The order shall not affect a
      contract or policy made or issued prior to the expiration of the
      period set forth in the order.
         3.  An insured which is aggrieved with respect to a filing which
      is in effect may make written application to the commissioner for a
      hearing on that filing.  The application shall specify the grounds to
      be relied upon by the applicant.  If the commissioner finds that the
      application is made in good faith, that the applicant would be so
      aggrieved if the applicant's grounds are established, and that the
      grounds otherwise justify holding a hearing, a hearing shall be held
      within thirty days after receipt of the application, upon not less
      than ten days' written notice to the applicant and to every insurer
      and advisory organization which made that filing.
         If, after hearing, the commissioner finds that the filing does not
      meet the requirements of this chapter, the commissioner shall issue
      an order specifying in what respects the filing fails to meet the
      requirements of this chapter, and stating when, within a reasonable
      period after the order is issued, the filing shall no longer be in
      effect.  Copies of the order shall be sent to the applicant and to
      every insurer and advisory organization which made that filing.  The
      order shall not affect a contract or policy made or issued prior to
      the expiration of the period set forth in the order.  
         Section History: Recent Form
         90 Acts, ch 1234, §50
         Referred to in § 515F.12, 515F.23

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