Page:United States Statutes at Large Volume 62 Part 1.djvu/274

 244 PUBLIC LAWS-CH. 324-MAY 20, 1948 [62 STAT. except as to rates on inland marine risks which are not made by a rating organization and which by general custom of the business are not written according to manual rates or rating plans, all rates and rating plans, rules, and classifications which it uses or proposes to use in the District. Investigations. (b) Whenever it shall be made to appear to the Superintendent, either from his own information or from complaint of any party alleging to be aggrieved thereby, that there are reasonable grounds to believe that the rates on any or on all risks or classes of risks or kinds of insurance within the scope of this Act are not in accordance with the terms of this Act, it shall be his duty, and he shall have the full power and authority, to investigate the necessity for an adjust- ment of any or all such rates. Adjustments. (c) After such an investigation of any such rates, the Superin- tendent shall, before ordering any appropriate adjustment thereof, witten notice of hold a hearing upon not less than ten days' written notice specifying the matters to be considered at such hearing, to every company and rating organization which filed such rates, provided the Superin- tendent need not hold such hearing in the event he is advised by every such company and rating organization that they do not desire such hearing. If after such hearing the Superintendent determines that any or all of such rates are excessive or inadequate, he shall order appropriate adjustment thereof. Pending such investigation and order of the Superintendent, rates shall be deemed to have been made Prior contracts. in accordance with the terms of this Act. No order of adjustment shall affect any contract or policy made or issued prior to the effective date of such order unless (i) the adjustment to be effected is sub- stantial and exceeds the cost to the companies of making the adjust- ment and (ii) the order is made after the prescribed investigation and hearing and within thirty days after the filing of rates affected. In no event shall an order of adjustment affect an existing contract or policy other than one of workmen's compensation or automobile liability insurance required by law, order, rule, or regulation of a public authority, or a contract or policy of any type as to which the rates are not, by general custom of the business or because of rarity and peculiar characteristics, written according to normal classifica- tion or rating procedure. Ante. (d) In determining the necessity for an adjustment of rates, the Age, p. 243. Superintendent shallbe bound by all of the provisions of section 3 of this Act. Removal of dis (e) The Superintendent is further empowered to investigate and to order removed at such time and in such manner as he shall specify any unfair discrimination existing between individual risks or classes of risks. SEC. 5. COOPERATIVE AND CONCERTED ACTION AuTHORIZD). -Subject to the provisions of this Act, two or more companies may cooperate or act in concert with each other- (a) as a rating organization, for the purpose of making rates, rating plans, or rating systems. No company shall be deemed to be a rating organization; (b) as an advisory organization, for the purpose of preparing policy forms, making underwriting rules, surveys, or inspections incident to but not including the making of rates, rating plans or rating systems, or collecting and furnishing to companies or rating organizations loss or expense statistics or other statistical data, and acting in an advisory as distinguished from a rate making capacity; (c) as a group or fleet of companies operating under the same general management and control, for the purpose of conducting a complete insurance service;

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