LD 1853
pg. 13
Page 12 of 15 PUBLIC Law Chapter 671 Page 14 of 15
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LR 2725
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9.__Modified policy form and rate filings.__A modified policy form__
and modified rate__developed by a member insurer must be filed with
the superintendent.__A modified rate to be used in connection with
an existing policy form that consists solely of a permissible
surcharge not in excess of the maximum allowable cap contained in
rules adopted under subsection 8 may be used by a member insurer
immediately upon filing that modified rate with the superintendent.__
For any other modified filings, a modified policy form__and
modified rate__must be filed with the superintendent not less than
30 days in advance of the stated effective date.__A modified rate
filing subject to the 30-day advance filing requirement must
include any supplementary rating information to be used in
conjunction with a rate and, to the extent available, sufficient
supporting information to support a rate.__A modified rate may not
be excessive, inadequate or unfairly discriminatory with respect to
risks written through the program.__A modified policy form__may
only be disapproved for the grounds specified in section 2413.__All
modified policy form and rate filings are confidential until
effective or approved in accordance with applicable law.

 
10.__Immunity from liability for inspections.__There is no
liability on the part of, and a cause of action does not arise
against, member insurers, the program or the governing committee
or agents or employees of any of them or the superintendent or
the superintendent's authorized representatives with respect to
any inspections to be undertaken by this section or for any acts
or omissions in connection with those inspections or for any
statements made in a report or communication concerning the
insurability of the property.

 
11.__Superintendent's authority to suspend.__In the event of
impairment or serious financial difficulty of a member insurer,
the superintendent may suspend the application of the provisions
of this section from applying to the financially distressed
member insurer.

 
12.__Expiration of program.__A program established by the
superintendent pursuant to this section expires 2 years from the
date the program becomes operational unless terminated earlier by
the superintendent or unless, after a public hearing, the
superintendent determines, based on clear and convincing
evidence, that continued operation of the program is necessary to
address the unavailability of basic property and casualty
insurance for underserved areas or risk types.__For purposes of
this subsection, the program becomes operational on the effective
date of the first policy issued through the program.__If the
superintendent finds that continued operation of the program is
necessary, then any person insured under the program must reapply


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