Page:United States Statutes at Large Volume 62 Part 1.djvu/273

 80TH CONG., 2D SESS.-CH. 324 -MAY 20, 1948 District of Columbia, and for other purposes", approved June 1, 1944: 58 Stat. 267. D.C. Code, Supp. Provided,That this Act shall not apply to reinsurance other than joint v, § 35-1401 to 35- reinsurance to the extent provided in this Act, and shall not apply to: Nonapplicability. (a) Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; (b) title insurance; (c) accident and health insurance; (d) insurance against loss of or damage to aircraft or to liability, other than work- men's compensation and employers' liability, arising out of the owner- ship, maintenance, or use of aircraft; (e) to insurance issued to self- insurers and insuring against loss in excess of at least $10,000 resulting from any one accident or event, except when rates therefor are made by a rating organization. SEC. 3. MAKING OF RATES.- (a) Rates for insurance within the scope of this Act shall not be excessive, inadequate, or unfairly discriminatory. (b) Due consideration shall be given to past and prospective loss Losses; risks. experience within and outside the District, to physical hazards, to safety and loss prevention factors, to underwriting practice and judg- ment, to catastrophe hazards, if any, to a reasonable margin for under- writing profit and contingencies; to dividends, savings, or unabsorbed premium deposits allowed or returned by companies to their policy- holders, members, or subscribers; to past and prospective expenses both country-wide and those specially applicable to the District; to whether classification rates exist generally for the risks under consideration; to the rarity or peculiar characteristics of the risks; and to all other relevant factors within and outside the District. (c) Nothing in this section shall be taken to prohibit as unfairly classification of discriminatory the establishment of classifications or modifications of risks. classifications of risks based upon the size, expense, management, individual experience, location or dispersion of hazard, or any other reasonable considerations attributable to such risks provided such classifications and modifications apply to all risks under the same or substantially similar circumstances or conditions. (d) Nothing in this Act shall be construed to require uniformity in etiformity in rates, insurance rates, classifications, rating plans, or practices. (e) Nothing in this Act shall abridge or restrict the freedom of Commissions or contract of companies, agents, brokers, or employees with reference to alrs. the commissions or salaries to be paid to such agents, brokers, or employees by companies. (f) Rates may become effective immediately upon filing or at such rffective date of future time as the company or rating organization making them may rates. specify. They shall thereafter remain in effect unless and until changed by the company or rating organization making them, or adjusted by order of the Superintendent in accordance with the provi- sions of this Act. Rates for contracts or policies described in the last sentence of subsection (c) of section 4 of this Act may become Pot, p.24. effective when made and filing thereof shall be made promptly thereafter. (g) No company, agent, or broker shall make, issue, or deliver, Excessive rates. or knowingly permit the making, issuance, or delivery of any policy of insurance within the scope of this Act contrary to pertinent filings which are in effect for the company as provided in this Act, except that upon the written application of the insured stating his reasons therefor, filed with and approved by the Superintendent, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk. SEC. 4. SUPERVISION OF RATES.- (a) On and after July 1,1948, every company shall file with the Superintendent, either directly or through a licensed rating organization of which it is a member or subscriber, 243 62 STAT.]

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