2016 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:14-108 Deviations.

§431:14-108 Deviations. (a) Except for those lines of insurance for which the commissioner determines that individual rate filings shall be made, every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by the organization, except that any insurer may make written application to the commissioner to file a deviation from the class rates, schedules, rating plans, or rules respecting any class of insurance, or class of risk within a class of insurance, or combination thereof. The application shall specify the basis for the deviation and shall be accompanied by the data upon which the applicant relies. A copy of the application and data shall be sent simultaneously to the rating organization.

(b) The commissioner shall set a time and place for a hearing at which the insurer and the rating organization may be heard, and shall give them not less than ten days' written notice thereof. In the event the commissioner is advised by the rating organization that it does not desire a hearing, the commissioner may, upon the consent of the applicant, waive the hearing.

(c) In considering the application to file a deviation the commissioner shall give consideration to the available statistics and the principles for ratemaking as provided in section 431:14-103. The commissioner shall issue an order permitting the deviation to be filed if the commissioner finds it to be justified. The deviation shall become effective upon issuance of the commissioner's order. The commissioner shall issue an order denying the application if the commissioner finds that the deviation is not justified or that the resulting premiums would be excessive, inadequate or unfairly discriminatory. Each deviation permitted to be filed shall be effective for a period of one year from the date of the order unless terminated sooner with the approval of the commissioner. [L 1987, c 347, pt of §2; am L 1993, c 205, §35]