2006 Louisiana Laws - RS 22:1408 — Disapproval of filings

§1408.  Disapproval of filings

A.  If within the waiting period or any extension thereof as provided in R.S. 22:1407(D), the commission finds that a filing does not meet the requirements of this Part, it shall send to the insurer or rating organization which made such filings written notice of disapproval of such filing specifying wherein it finds such filing fails to meet the requirements of this Part and stating that such filing shall not become effective.

B.  If within thirty days after a specific inland marine rate on a risk specially rated by a rating organization subject to R.S. 22:1407(E) has become effective, the commission finds that such filing does not meet the requirements of this Part, it shall send to the insurer or rating organization which made such filing written notice of disapproval of such filing, specifying wherein it finds that such filing fails to meet the requirements of this Part and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective.  Said disapproval shall not affect any contract made or issued prior to the expiration of the period set forth in said notice.

C.  If at any time subsequent to this applicable review period provided for in Subsection A or B of this Section, or after a filing has become effective under R.S. 22:1407(F), the office of property and casualty finds that a filing does not meet the requirements of this Part, it shall request a hearing to be held before the commission upon not less than ten days' written notice, specifying the matters to be considered at such hearing to every insurer and rating organization which made such filing, and the commission shall thereafter issue an order specifying in what respects, if any, the commission finds that such filing fails to meet the requirements of this Part, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to every such insurer and rating organization.  Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order.

D.(1)  Any person or organization aggrieved with respect to any filing which is in effect may make written application to the commission for a hearing thereon; however, the insurer or rating organization that made the filing shall not be authorized to proceed under this Subsection.  Such application shall specify the grounds to be relied upon by the applicant.  If the commission shall find that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, it shall within thirty days after receipt of such application hold a hearing upon not less than ten days' written notice to the applicant and to every insurer and rating organization which made such filing.

(2)  If, after such hearing, the commission finds that the filing does not meet the requirements of this Part, it shall issue an order specifying in what respect the commission finds that such filing fails to meet the requirements of this Part, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective.  Copies of said order shall be sent to the applicant and to every such insurer and rating organization.  Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order.

Acts 1958, No. 125; Acts 1960, No. 296, §1; Acts 1966, No. 136, §1; Acts 2003, No. 456, §1.