41-1417 — ADMISSION OF SUBSCRIBERS -- SERVICES NONDISCRIMINATORY
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TITLE 41
INSURANCE
CHAPTER 14
PROPERTY INSURANCE RATES
41-1417. ADMISSION OF SUBSCRIBERS -- SERVICES NONDISCRIMINATORY. (1)
Subject to rules which have been approved by the director as reasonable, each
rating organization shall permit any insurer, not a member, to be a subscriber
to its rating services for any kind of insurance or subdivision thereof, or
class of risk or a part or combination thereof for which it is authorized to
act as a rating organization. Notice of proposed changes in such rules shall
be given to subscribers.
(2) Each rating organization shall furnish its rating services without
discrimination to its members and subscribers.
(3) The reasonableness of any rule in its application to subscribers, or
the refusal of any rating organization to admit an insurer as a subscriber,
shall, at the request of any subscriber or any such insurer, be reviewed by
the director at a hearing upon notice to the rating organization and to the
subscriber or insurer in accordance with chapter 2, title 41, Idaho Code. If
the director finds that such rule is unreasonable in its application to
subscribers, he shall order that the rule shall not be applicable to
subscribers. If a rating organization fails to grant or reject an insurer's
application for subscribership within thirty (30) days after it was made, the
insurer may request a review by the director as if the application had been
rejected. If the director finds that the insurer has been refused admittance
to the rating organization as a subscriber without justification, he shall
order the rating organization to admit the insurer as a subscriber. If he
finds that the action of the rating organization was justified, he shall make
an order affirming its action.