US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 14
                           PROPERTY INSURANCE RATES
    41-1440.  HEARINGS. (1) Any person aggrieved by any rate charged, rating
plan, rating system, or underwriting rule followed or adopted by an insurer or
rating organization may himself or by his authorized representative make
written request of the insurer or rating organization to review the manner in
which the rate, plan, system, or rule has been applied with respect to
insurance afforded him. If the request is not granted within thirty (30) days
after it is made, the requestor may treat it as rejected. Any person aggrieved
by the refusal of an insurer or rating organization to grant the review
requested, or by the failure or refusal to grant all or part of the relief
requested, may file a written complaint and request for hearing with the
director, specifying the grounds relied upon. If the director has already
disposed of the issue as raised by a similar complaint, he may deny the
hearing. If the director believes that probable cause for the complaint does
not exist or that the complaint is not made in good faith, he shall deny the
hearing. Otherwise, and if he also finds that the complaint charges a
violation of this chapter and that the complainant would be aggrieved if the
violation is proven, he shall proceed as provided in subsection (2) of this
section.
    (2)  If after examination of an insurer, rating organization, advisory
organization, or group, association or other organization of insurers which
engages in joint underwriting or joint reinsurance, or upon the basis of other
information, or upon sufficient complaint as provided in subsection (1) of
this section, the director has good cause to believe that such insurer,
organization, group or association, or any rate, rating plan or rating system
made or used by any such insurer or rating organization, does not comply with
the requirements and standards of this chapter applicable to it, he shall,
unless he has good cause to believe such noncompliance is willful, give notice
in writing to such insurer, organization, group or association stating therein
in what manner and to what extent noncompliance is alleged to exist and
specifying therein a reasonable time, not less than ten (10) days thereafter,
in which the noncompliance may be corrected. Notices under this section shall
be subject to disclosure according to chapter 3, title 9, Idaho Code, unless a
hearing is held under subsection (3) of this section.
    (3)  If the director has good cause to believe that such noncompliance is
willful, or if within the period prescribed by the director in the notice
required by subsection (2) of this section, the insurer, organization, group
or association does not make such changes as may be necessary to correct the
noncompliance specified by the director or establish to the satisfaction of
the director that such specified noncompliance does not exist, then the
director may hold a public hearing in connection therewith in accordance with
chapter 2, title 41, Idaho Code. If no notice has been given as provided in
subsection (2) of this section, the notice shall state in what manner and to
what extent noncompliance is alleged to exist. The hearing shall not consider
any subject not specified in the notice required by subsection (2) of this
section.
    (4)  If after a hearing pursuant to subsection (3) of this section, the
director finds:
    (a)  That any rate, rating plan or rating system violates the applicable
    provisions of this chapter, he may issue an order to the insurer, or
    rating organization, group or association which has been the subject of
    the hearing specifying in what respects such violation exists and
    requiring compliance within a reasonable time thereafter.
    (b)  That an insurer, rating organization, advisory organization, or a
    group, association or other organization of insurers which engages in
    joint underwriting or joint reinsurance, is in violation of the applicable
    provisions of this chapter other than the provisions dealing with rates,
    rating plans or rating systems, he may issue an order to such insurer,
    organization, group or association which has been the subject of the
    hearing specifying in what respects such violation exists and requiring
    compliance within a reasonable time thereafter.
    (c)  That any such violation by an insurer or rating organization which
    has been the subject of hearing was willful, he may suspend or revoke, in
    whole or in part, the certificate of authority of such insurer or the
    license of such rating organization with respect to the class of insurance
    which has been a subject of the hearing.
    (d)  That any rating organization has willfully engaged in any fraudulent
    or dishonest act or practice, he may suspend or revoke, in whole or in
    part, the license of such organization in addition to any other penalty
    provided in this chapter.
    (5)  Except as otherwise provided in this chapter, all proceedings in
connection with the denial, suspension or revocation of a license or
certificate of authority shall be conducted in accordance with the provisions
of chapters 2 and 3, title  41, Idaho Code, and the director shall have all
the powers granted to him therein.