Title 33, Chapter 9, Section 32
( 33-9-32)
Nothing contained in this chapter shall be deemed to prohibit an
insurer and its insured from contracting to use a rate on a specific
risk or risks which is in excess of or lower than that otherwise
applicable, provided that the contract and rate deviation by
consenting parties have been filed with the Commissioner prior to
the use of the rate in accordance with the procedures, conditions,
and limitations as may be established by the Commissioner; and
provided, further, that, if the resulting premium exceeds $1,000.00,
a binder of coverage may be issued and the contract and rate
deviation shall be filed within 20 days after the issuance of the
binder. Such contract and rate deviation shall be subject to
challenge by the Commissioner for a period of ten days after filing.
If such challenge is upheld, the insurer shall be required to use
its regular filed rates for the first 30 days of coverage in
accordance with the requirements of applicable law. If there is no
challenge or if a challenge is not upheld, the contract and rate
deviation agreed upon may be used from and after the effective date
of the binder. |