2334. Non-commercial private passenger automobile insurance rates; merit rating plans. (a) The superintendent shall, after public hearing, promulgate a regulation, which may be amended from time to time, applicable to non-commercial private passenger automobile insurance merit rating plans which reflect an individual driver's experience with respect to accidents, claims or traffic violations. The regulation shall continue to encourage competition among insurers, but shall discourage merit rating plan provisions which may tend to create confusion or misunderstanding among insureds. The regulation shall establish standards and limitations intended to insure that merit rating plans are reasonable, understandable and objective and are not unfairly discriminatory, inequitable, violative of public policy or otherwise contrary to the best interests of the people of this state.
(b) Insurers shall review their merit rating plans which were approved by the superintendent prior to the promulgation of the regulation required by this section and shall, before November first, nineteen hundred eighty-two, file with the superintendent statements that their merit rating plans conform with the regulation, or file appropriate amendments to their plans which will bring them into compliance with the standards of the regulation. Such amendments shall become effective upon approval by the superintendent.
Last modified: February 3, 2019