Aggrieved party may file application with director, hearing held, when
If someone is unhappy with an insurance rate filing that is in effect, they can write to the director and ask for a hearing. They have to explain why they think the filing is wrong. The director looks it over, and if the complaint seems honest and has good reason behind it, a hearing is set up within 30 days. If the director decides after the hearing that the filing breaks the rules, the director issues an order saying what is wrong and when the filing stops being allowed. Any insurance policies already made before that deadline are not affected.
287.965. may file with , held, when — findings, effect of. — 1. Any person or organization with respect to any which is in effect may make written application to the director for a hearing thereon, except that the or that made the filing shall not be to proceed under this . Such application shall specify the grounds to be relied upon by the . If the director finds that the application is made , that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall, within thirty days after receipt of such application, hold a hearing upon not less than ten days' written notice to the applicant and to every insurer which made such filing.
2. If, after such hearing, the director finds that the filing does not meet the requirements of sections 287.930 to 287.975, he shall an specifying in what respects he finds that such filing fails to meet the requirements of sections 287.930 to 287.975, and stating when, within a reasonable period thereafter, such filing shall be no longer effective. Copies of such order shall be sent to the applicant and to every such insurer. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in such order.
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Source & history notes
(L. 1993 S.B. 251 § 31) Effective 1-01-94
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