TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 44

INSURANCE

PART 2.

CREDIT INSURANCE

28-44-203.  Filing and approval of rates and forms. (1) A creditor may not use a form or a schedule of premium rates or charges, the filing of which is required by this section, if the director of the department of insurance has disapproved the form or schedule and has notified the insurer of his disapproval. A creditor may not use a form or schedule unless:

(a)  The form or schedule has been on file with the director of the department of insurance for thirty (30) days, or has earlier been approved by him; and

(b)  The insurer has complied with this section with respect to the insurance.

(2)  Except as provided in subsection (3) of this section, all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders relating to credit insurance delivered or issued for delivery in this state, and the schedules of premium rates or charges pertaining thereto, shall be filed by the insurer with the director of the department of insurance. Within thirty (30) days after the filing of any form or schedule, he shall disapprove it if the premium rates or charges are unreasonable in relation to the benefits provided under the form, or if the form contains provisions which are unjust, unfair, inequitable, or deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of the Credit Insurance Act or of any rule or regulation promulgated thereunder.

(3)  If a group policy has been delivered in another state, the forms to be filed by the insurer with the director of the department of insurance are the group certificates and notices of proposed insurance. He shall approve them if:

(a)  They provide the information that would be required if the group policy were delivered in this state; and

(b)  The applicable premium rates or charges do not exceed those established by his rules or regulations.

History:

[28-44-203, added 1983, ch. 119, sec. 3, p. 292.]